TERMS OF SERVICE
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.shimis.com ("the Site") operated by Shimis Yoga, LLC ("us", "we", "our", “Shimis Yoga”, or “the Studio”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.shimis.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms of Service set forth the legally binding terms for your use of Shimis Yoga Services. You are only authorized to use the Shimis Yoga Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Shimis Yoga website and discontinue use of Shimis Yoga Services immediately. If you wish to become a Member, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the website, you will have to create a Shimis Yoga account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.
MEMBER SERVICES AND POLICIES
CANCELLATIONS: As stated in the membership agreement, YOU MUST CANCEL CLASS 12 HOURS IN ADVANCE OR YOU WILL BE DEDUCTED THAT CLASS. This includes switching time slots under the 12-hour notice time period. You may cancel class through our online system or by calling the applicable studio directly. RESERVATIONS: YOU MUST BE PHYSICALLY PRESENT 5 MINUTES PRIOR TO THE START OF YOUR SCHEDULED CLASS OR YOUR SPOT MAY BE GIVEN TO A WAITLISTED CLIENT. MEMBERSHIP PACKAGES: Members who purchase ANY membership package are subjected to a penalty charge (fee amount varies between individual studio locations) for either a late cancel or an absence should they not cancel their reservation within the allotted 12-hour window. PERSONAL BELONGINGS: You agree that Shimis Yoga is in no way responsible for the safekeeping of your personal belongings while you are present in the Studio. You assume all risk of loss for any of your personal belongings.
STUDIO RULES AND REGULATIONS
- All classes are non-transferable and non-refundable. No exceptions. - Put away all equipment at the end of class. - Towels are required during class. – Students are recommended to stay hydrated during classes. - Reserved classes must be changed or cancelled within 12 hours of scheduled time or it will be forfeited. All classes are subject to a penalty fee for a late cancel or absence. - Students may not vary from instructed exercises. - All injuries must be reported before each class. - You should arrive at least 10 minutes prior to class. If you are not physically present and have not signed in within five minutes before the start of your scheduled class, your spot may be released to an individual on the waitlist.
LIMITATION OF LIABILITY
By signing your initial "Enlistee" contract and/or attending classes, events, activities, and other programs and using the Shimis Yoga studio facilities and equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in the strenuous nature of the Shimis Yoga workout program. You acknowledge that you have voluntarily chosen to participate in a program of intense physical exercise. You acknowledge that Shimis Yoga strongly recommends that you consult with your physician prior to commencing any class. You also acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You further acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by trainers and staff. In consideration of being allowed to participate in and access the Shimis Yoga classes and studio facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Shimis Yoga classes and studio facilities, (2) release, indemnify, and hold harmless Shimis Yoga, subsidiary affiliate entities and franchisees, and each of their respective members, employees and representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Shimis Yoga classes or Shimis Yoga studio facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of Shimi Yoga classes and studio facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Shimis Yoga classes and use of studio facilities, and should not be participating in any classes.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Shimis Yoga website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Shimis Yoga, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Shimis Yoga reserves all rights not expressly granted in and to the website and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or services, provided by you to Company are non-confidential and shall become the sole property of Shimis Yoga. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. "Shimis Yoga," "Shimis," and the "∞" icon and other graphics, logos, wordmarks, and designs are trademarks of Shimis Yoga in the UAE and/or other countries for which applications are pending. Shimis Yoga trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Shimis Yoga.
The Shimis Yoga may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase Shimis Yoga Services via your mobile phone, (ii) the ability to receive and reply to Shimis Yoga messages, (iii) the ability to browse Shimis Yoga from your mobile phone and (iv) the ability to access certain Shimis Yoga features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Shimis Yoga and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THIRD PARTY SITES
Our Site may contain links to third-party sites that are not owned or controlled by Shimis Yoga, LLC.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Dubai, UAE, without giving effect to any principles of conflicts of law.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service shall remain in full force and effect while you use the Shimis Yoga Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the "My Account" page or by contacting your local studio directly via phone or email. Shimis Yoga may terminate your membership at any time, without warning, if you breach these Terms of Service. Even after membership is terminated, these Terms of Service will remain in effect.
You acknowledge that Shimis Yoga charges fees for its services, and Shimis Yoga reserves the right to change its fees from time to time in its discretion. If Shimis Yoga terminates your membership because you have breached these Terms of Service, you may not be entitled to a refund of any unused portion of membership or other fees.
When you sign up for member Services, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Shimis Yoga immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
If you have any questions about these Terms of Service, the practices of Shimis Yoga or its services, or your dealings with this site, please contact us at: Shimis Yoga Unit 42, Al Serkal Avenue, Dubai, UAE firstname.lastname@example.org These Terms of Service have been updated and effective as of October, 01, 2019.
Initial in the field below to indicate you agree with the terms and conditions stated above.
Your privacy is important to us. The page below goes over in detail how we approach your data – the summary is….our intentions are honorable.
This policy explains how we use your data and how we protect your privacy when you use our website and contact us by phone and email, as well as explaining our use of CCTV. As our services develop we will continue to update and review this policy to comply with both the law and customer feedback.
WHAT IS PERSONAL DATA?Personal data is data related to a living individual who can be identified from that data. This can also include special categories of personal data (personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and genetic data, biometric data, health data and data concerning a person’s sex life or sexual orientation) and personal data relating to criminal convictions and offenses.
Please see the table below for the name of the Shimis Yoga entity responsible and the appropriate contact information:
- United Arab Emirates
Shimis Yoga (Shimis Yoga Unit 42, Al Serkal Avenue, Dubai, UAE) is responsible for your purchases of products and services, and for your participation in certain UAE-based events and promotions. For all other processing in the context of our website, Shimis Yoga, LLC(Shimis Yoga Unit 42, Al Serkal Avenue, Dubai, UAE) is responsible.
From time to time, it may be necessary for one Shimis Yoga company to share your personal data with another Shimis Yoga company. Your personal data may also be shared by all other Shimis Yoga companies with Shimis Yoga, LLC, to enable Shimis Yoga, LLC to assist with any issues when using our website and to enable us complete the processing activities described in the “How and why we use your information” section below.
We may collect personal identification information in a variety of ways, including, but not limited to, when users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our website. Users may be asked for, as appropriate:
- Email address
- Mailing address
- Telephone number
- Credit card information
Users may, however, visit our site anonymously. We will collect personal identification information from users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, but this may prevent them from engaging in certain website related activities.
We may also collect non-personal identification information about users whenever they interact with our website. Non-personal identification information may include the browser name, the type of computer and technical information about users’ means of connection to our website, such as the operating system and the internet service providers utilized and other similar information.
Where we do collect your personal data, this information is required for us to validate who you are, to deal with your queries effectively and to ensure that we can monitor usage of our sites as you sign up for classes.
If you book in to attend one of our classes, we will also collect information relating to your health status and any physical impairments that might impact upon how you can use our services. This is to ensure that we take your health record into account and can enable you to consider whether it is safe for you to attend our classes.
CONTACTING US BY TELEPHONE AND EMAIL
Contacting us by telephone
We do not record telephone conversations or calls that you make to us. During calls, we may however collect the following information:
- Contact details
- Your Shimis Yoga account email address
We process this information because it is necessary for the performance of our contract with you, and to enable us to deliver services to you which you have requested and/or resolve any queries that you might raise when you call.
CONTACTING US BY EMAILOur email correspondence may be kept as a record of your contact with us, and to enable us to respond to any queries that you may have.
CCTV is installed at some of our sites, to monitor building security and assist in crime prevention and detection.
We operate our CCTV in accordance with the guidance issued by the local data protection authority in each country. Shimis Yoga collects this data as part of its role as a service provider to you, and to ensure the health and safety of our staff and visitors to our sites.
We will not hold images for longer than necessary and will dispose of them securely.
HOW AND WHY WE USE YOUR INFORMATION
We collect and process personal information about visitors to our website, clients, customers and users of/visitors to our sites. We do this in order to deliver services to you, deliver merchandise to you when you make a purchase, process payments that you make to Shimis Yoga and learn how to offer you a better product.
We may collect and use your personal information for the following purposes, all of which is for our legitimate interest of delivering services and products to you, and/or where it is necessary for the performance of our contract with you:
- To improve customer service – Information you provide helps us respond to your customer service requests and support your needs more efficiently.
- To personalise the user experience – We may use information in the aggregate to understand how our users as a group use the services and resources provided on our website.
- To improve our website – We may use feedback you provide to improve our products and services.
- To process payments – We may use the information you provide about yourself when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other feature – To send users information which is relevant to services that they have purchased from us.
- To send periodic emails – We may use the email address to send users information and updates pertaining to their order. It may also be used to respond to their enquiries, questions, and/or other requests. We may also send emails to users that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
To find out more about cookies, you can visit: www.allaboutcookies.org.
WHO WE SHARE WITH?
Like virtually every company, we do use third party companies to provide some parts of our service, so when you are making payments for example, you will need to give your payment details to our payments provider. Rest assured the people we work with are trusted by millions and have excellent safeguards themselves.
We may also have to disclose your personal details if required by law.
If we do share your information with other organizations, we will have sharing protocols in place to ensure the organization’s compliance with local data protection laws.
We will not use your personal information for third party marketing purposes without your prior express consent.
We do not sell, trade, or rent users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information (i.e. in an anonymized form) regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
HOW WE STORE INFORMATION?
We take our data protection responsibility very seriously and adopt and maintain high standards in respect of handling personal information. Your personal information will only be collected if it is necessary and proportionate to do so.
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our website.
Sensitive and private data exchanged between our website and its users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
With regard to disposal of your information, we will not hold your information for longer than we need to and when we dispose of it we will destroy paper and electronic copies in a secure way.
If you wish to see a copy of the personal data we hold about you then you can ask us at any time and we will respond within the time periods laid down in local data protection laws.
Under certain circumstances, you also have the right to:
- Request correction of the personal information that we hold about you.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it.
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
Where we process your personal information because we have your consent to do so you may withdraw your consent at any time.
You can make a request in relation to any of the rights set out here by contacting the relevant Shimis Yoga company and using the contact details for the relevant country set out in the “Who is responsible for the processing of your personal data?” section above. Alternatively, you can contact us using the details set out in the “Contacting us” section below.
If you wish to make a complaint about how we are processing your personal information you have the right to make a complaint at any time to the local data protection authority. You can find out how to contact the ICO on their website, www.ico.org.uk).