Pommama

Terms & Conditions

Background:

This agreement applies as between you, the User of this Website and Pommama Limited, the owners of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. The terms and conditions (the "Terms" or “Terms & Conditions”) contained herein govern your access to and use of the Company’s Website(s) and Mobile Applications that link to or reference these Terms and any Services offered or provided to You by the Company.

You should read these terms & conditions carefully. If you do not agree to be bound by these terms, you should stop using the website immediately.

  1. Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings:

    “Account” means collectively the personal/identifying information, payment information and credentials used by Users to access parts of the Website and have access to specific services provided;
    “The Company” means Pommama Limited whose registered office is at 3rd Floor, Fairgate House, 78 New Oxford Street, London, WC1A 1HB, registered in England & Wales under company registration number 10666576;
    “POMMAMA and pommama.com and pommama.co.uk” are trading names of The Company
    “Content” means any text, graphics, images, audio, video, software, location data, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
    “Third Party Content” means Content that originates from parties other than The Company or its users, which is made available in connection with the Website.
    “Site Content” means all of the Content that is made available in connection with the Website;
    “Service” / “Services” means collectively all/any, services or information that The Company makes available through the Website either now or in the future;
    “System” means any online communications infrastructure that The Company makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
    “User / Users” means any third party that accesses browses, crawls, scrapes, or in any way uses the Website and is not employed by the Company and acting in the course of their employment;
    “You /Your” refer to you, as a user of the Website.
    “Website” means the website that you are currently using and any sub-domains of this site including all/any mobile applications / Apps that link to or reference these Terms unless expressly excluded by their own terms and conditions

  2. Intellectual Property

    • 2.1All Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Company, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

    • 2.2Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by The Company.

    • 2.3Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

    • 2.4The Intellectual Property Rights subsisting in third party Content of any listings or products on the Website shall remain and belong to the owners of the said items unless it is expressly stated otherwise and these are not covered by any permission granted by these Terms and Conditions to use Content from the Website.

  3. Links to Other Websites

    This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  4. Links to this Website

    Those wishing to place a link to this Website on other sites may do so only with the Company’s prior permission in writing. To find out more please contact us by email at info@pommama.com

  5. Personal Data, Privacy & Cookies

    • 5.1 Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

    • 5.2 Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

    • 5.3 This Website uses Cookies. This means that a small text or other file is placed on your computer by this website when you visit certain parts of the Website and/or when you use certain features of the Website.

    • 5.4 Details of the Cookies and your rights regarding your personal data are set out in our Privacy and Cookies Policy. The terms of our Privacy and Cookies Policy are incorporated into these terms and conditions by reference and you should read them before using this Website. To view the Privacy, Cookies and Web Token Policy please click on this link.

  6. Disclaimers

    • 6.1 The Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

    • 6.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. In particular you should read and be aware of the important Health Notice at Clause 10 below.

    • 6.3 Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

    • 6.4 Whilst every reasonable effort has been made to ensure that all graphical, pricing, nutritional and/or other information or representation of products and/or services and or descriptions of products and/or services correspond to the actual products and/or services, The Company is not responsible for any variations from these descriptions.

  7. Availability of the Website and Modifications

    • 7.1 The Service is provided “as is” and on an “as available” basis. The Company gives no guarantee or warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law The Company provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    • 7.2 The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

    • 7.3 The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

    • 7.4 The Company may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, and if you have a user account, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.

  8. User Accounts

    • 8.1 User accounts are available only to consumers and non-business users. You may browse the Website without registering or subscribing or creating an Account. However you will need to create an account and provide certain information about yourself in order to use some of the features and services that are offered through the Website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify The Company immediately of any unauthorised use of your account. The Company reserves the right to close/terminate your account at any time for any or no reason; and The Company shall have no obligation to provide notice or explanation in respect thereof.

    • 8.2 Your account is for your personal, non-commercial use only. No subscription fee or other fee is required to create an account. In creating your account, you should provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, you must take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews/postings, use the same account information on other sites, or allow other sites to share information about you with The Company. Please read the Privacy, Cookies and Web Token Policy for more information. Sharing of accounts is not permitted unless The Company expressly authorises it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. When choosing your username you are required to adhere to the terms set out herein. Any failure to do so could result in the suspension and/or deletion of your Account.

    • 8.3 Either the Company or you may terminate your Account at any time. If the Company terminates your Account you will be notified by email. The Company reserves the right to terminate your Account without giving reasons.

    • 8.4 Only an individual acting for purposes which are wholly outside of any trade, business, craft or profession (i.e. “a Consumer”) may create an account and/or purchase or use any products or services provided or offered by the Company whether within its website or otherwise howsoever. Accounts are not available to businesses or to persons or parties acting in the course of business or any commercial capacity. Use of this website or any transaction or purchase or use of the products or services provided by the Company are conducted directly between You and the company and You confirm that you are using this website as a consumer and that you are the end-user of this website and or the Company’s products or services.

    • 8.5 You may cancel your account at any time but, in that event, you will not be able to make any further purchases unless you reactivate your subscription. No refunds can be provided to you unless otherwise stated in these Terms & Conditions.

    • 8.6 The Company may terminate your Account at any time at its absolute discretion. If the Company terminates your Account you will be notified by email. The Company reserves the right to terminate your Account without giving reasons.

  9. Payment, Cancellation & Rescheduling Policy

    • 9.1 The Company’s fees and charges (“Fees”) must be paid in full prior to the scheduling or performance of any services or sessions.

    • 9.2 Fees will be accepted by credit or debit card or by telegraphic Bank Transfer to be advised upon selection of payment method. Payments, once made, shall be non-refundable otherwise than in accordance with these Terms & Conditions.

    • 9.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for any product or service from the Website constitutes a contractual offer that the Company may, at its sole discretion, accept or reject. The Company’s acceptance is indicated by us sending to you a confirmation email. Only once we have sent you a confirmation email will there be a binding contract between the Company and you.

    • 9.4 Email confirmations under sub-Clause 9.3 will be sent to you promptly upon your purchase order and shall contain, but shall not be limited to, the following information:

      • 9.4.1 Confirmation of the purchase order including details of the main characteristics of the order;
      • 9.4.2 Fully itemised pricing for your purchase order including, where appropriate, taxes and any other additional charges;
      • 9.4.3 The applicable times and dates for your purchase order (including the expiry and/or renewal date if applicable).

    • 9.5 Late Policy: You are responsible for being ready and available to receive the Services on-time as booked. The Company’s Trainers/Instructors are obligated to wait no more than 10 minutes for a 1-hour session. After 10 minutes the trainer may, at his/her discretion, reduce the session by the amount of time he/she was kept waiting.

    • 9.6 Cancellation & Rescheduling: Subject to the Terms & Conditions here below, if you wish to cancel a session you must use the cancellation procedure(s) on the Website.

      • 9.6.1 If cancellation is made at least 48 hours in advance of the scheduled session, you will be entitled, at your option, to receive a refund of the Fee, less a £5 administration charge (in respect of a single session/non-package purchase only), or to reschedule the session to a future date to be agreed between You and the Company, subject to availability, at no extra cost. No refund will be made for cancellation of a non-package booking if less than 48 hours’ notice is given.
      • 9.6.2 No refunds are available on packages. If You have purchased a package a booked class can be cancelled and rescheduled provided that at least 48 hours’ notice is given to the Company via its Website.
      • 9.6.3 Should You fail to show up or be available for a scheduled session or if you cancel giving less than 48 hours’ notice to the company via its Website then you will lose the booking and the class will be deducted from the package.
      • 9.6.4 Should a situation arise when the Company has to cancel or reschedule a session, we will do our best to provide You with at least 24 hours’ notice (unless impossible to do so). If we cannot provide at least 24 hour’ notice, we will provide You with a full refund (in respect of a single session purchase) or, you may choose to reschedule the session to a future date to be agreed between You and the Company. If You have purchased a package of sessions we will not deduct that session from Your package and shall reschedule the session(s).
      • 9.6.5 If You have selected and requested a particular trainer/instructor, and if that particular trainer/instructor becomes unavailable, we will do our best to give You at least 24 hours’ notice (unless impossible to do so) in which case you will have the option to either keep the appointment but with a different trainer/instructor or to reschedule the session for a future date with your chosen trainer/instructor. If we cannot provide at least 24 hours’ notice, or if we cannot, if asked to do so, provide you with an alternative trainer/instructor for the appointed session, we will provide You with a full refund (in respect of a single session purchase) or, if you agree, we will reschedule the session to a future date with your chosen trainer/instructor, subject to availability.
      • 9.6.6 Package Expiration: Package Expiration: If You have purchased a package of sessions You must complete all sessions within 6 months of purchase, or if otherwise stated by the Company at the time of purchase, by the expiration date of the package, whichever is sooner.
      • 9.6.7 All packages are non-refundable and non-transferable.

  10. Caution - important health notices!

    You should read the following health warnings very carefully:

    • 10.1 Yoga is NOT recommended during the first trimester of pregnancy. You should NOT book or undertake any Session of Yoga unless you are at least 14 weeks into your term of pregnancy. We reserve the right to refuse to supply any services to you if, at the time of the session, you will be under 14 weeks’ pregnant.

    • 10.2 There are several conditions where it might not be safe to do Yoga. Before undertaking any session of Yoga you must consult your GP or a qualified registered medical practitioner if you have experienced or had any of the following:

      • previous history of miscarriage
      • bleeding
      • pre-eclampsia
      • placenta praevia
      • pelvic girdle pain (PGP)/ symphysis pubic dysfunction (SPD)
      • known breech

    • 10.3 Notwithstanding the above, and in any event, you should not use any service offered or provided by the Company if you have (or believe you may have) ANY medical condition which may affect your ability to undertake the sessions or may cause you or your unborn child any harm or discomfort or if you have any dietary and/or other healthcare needs or are taking any medication which could affect your health or ability to undertake the sessions in any way.

    • 10.4 The Trainers/Instructors which are available through our Website are ONLY qualified and experienced to undertake the Services offered on our Website. The trainers/instructors which are available through our Website are NOT medically qualified and any advice, guidance, training or instruction given to You by a trainer/instructor is not intended to be taken as medical advice or any form of healthcare or dietary advice and should NOT be taken as such.

    • 10.5 Any information provided on the Company’s Website (or published by the Company in other media) is for information purposes only and its contents do not constitute medical advice or any form of healthcare or dietary advice and should not be regarded as a substitute for medical, dietary or any healthcare advice. We strongly recommend that you should seek medical advice from a qualified doctor or other suitably qualified medical professional before undertaking any session or programme or service offered or provided by the Company or its trainers/instructors.

    • 10.6 Although our services and programmes are aimed at helping our clients, information on this website and any advice, guidance, training or instruction given to our clients by a trainer/instructor does not constitute advice tailored to an individual's specific medical requirements. This website and the information provided herein is not intended to replace a consultation with an appropriately qualified health professional. If you are unsure or in any doubt about any matters concerning your health, fitness, dietary or other health related requirements, you should seek the advice of a qualified registered medical practitioner.

  11. Limitation of liability & your responsibilities

    • 11.1 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE COMPANY AND YOU ARE GIVING UP LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE SEEK LEGAL ADVICE FROM A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE OR ANY SERVICES OFFERRED OR PROVIDED BY THE COMPANY. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION.

      When making a booking it shall be Your responsibility to inform the Company of any matter affecting your health, or any other matter, which would render the services to be inappropriate for you (or any party within Your group) or which could cause you (or any party within Your group) harm; and in any event you should seek the advice of a qualified registered medical practitioner before purchasing any services.

      When making a booking You must declare the stage of Pregnancy at which you shall be at the time of the class and book the appropriate programme accordingly. In the event of a group booking (i.e. more than one participant) all participants must be at the same stage of pregnancy at the time of the class.

      In the event of group bookings, you shall ensure that the premises are suitable to accommodate the services and that if the Instructor considers the premises to be not suitable, she shall have the right to cancel the class.

      In respect of group bookings of more than three persons, you must contact the Company directly via email or telephone.

    • 11.2 To the maximum extent permitted by law, The Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein and/or any services offered or provided by the Company. You should be aware that any use of this website and/or any services offered or provided by the Company shall be at Your own risk.

    • 11.3 Notwithstanding the above nothing in these Terms & Conditions shall exclude or restrict the Company’s liability for death or personal injury resulting from any negligence on the part of the Company.

    • 11.4 The Company makes no claim or promise about the quality, accuracy, or reliability of this Website, its safety or security, or the website content. Accordingly, The Company is not liable to you for any loss or damage that may arise, for example, from the site's inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of any information, listings, ratings, reviews used on, found on or made available through the website.

    • 11.5 The Company makes no claim or promise with respect to any third party, including but not limited to advertisers, businesses or products which may be advertised or listed on the website and is not liable for any loss or damage arising therefrom or thereby including, but not limited to, any actions or omissions.

    • 11.6 The Company makes no warranties, whether express or implied as to the products or services listed on the website or advertised thereon or offered by the Company other than as stated in these Terms & Conditions and the Company makes no implied warranties of merchantability and/or fitness for a particular purpose. No oral or written information or advice provided to you by a representative of the Company shall create a representation, guarantee or warranty.

    • 11.7 The only right and remedy you will have in case of any grievance, claim or dissatisfaction relating to the Website, the related services, or any other related matter shall be your right to terminate and discontinue access to, or use of the Website.

    • 11.8 The Company’s maximum aggregate liability to you for any losses or damages that you may suffer in connection with the Website or these terms shall be limited to the amount paid, if any, by you to the Company in connection with the website or the services offered or provided by the Company in the 12 months prior to the action giving rise to liability subject to a maximum liability of not more than £500 in aggregate in any event.

    • 11.9 The Company accepts no liability for any indirect, special, incidental, punitive, exemplary or consequential damages, loss of profits, costs, business interruption, reputational harm, or any other financial loss or damage howsoever arising.

    • 11.10 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

    • 11.11 You undertake and agree to only use this website and all/any services provided by The Company, lawfully and for lawful purposes and you are strictly prohibited from sending, transmitting or otherwise communicating offensive, defamatory, racist, abusive, pornographic, obscene and/or menacing material and/or any other material which may have such characteristics including (but not limited to) anything that may promote hatred, violence or illegal conduct or which may offend any law and/or violate another’s rights. Further you are strictly prohibited from acting fraudulently or illegally and/or sending transmitting or otherwise communicating (or acting in any way) in breach of any copyright or other intellectual property rights and and/or in contravention of the Computer Misuse Act 1990 (and amendments if any), including hacking and the introduction of viruses; unauthorised access to computer material, program/s or data; unauthorised access to a computer system with intent to commit or facilitate the commission of a crime; unauthorised modification of computer material; and/or any other act, action or activity which may constitute a criminal offence. Any such acts, abuse or misuse by you as described in this paragraph or similar such activity/ies or indeed anything which you may do which we consider could adversely affect the reasonable enjoyment of this website and its services by other users will entitle us to terminate your access to all or part of this website and its services without notice and at our sole and absolute discretion. We may also refer you and your activity/ies to any appropriate body, or law enforcement agency as appropriate.

    • 11.12 We shall in no way be liable for any such conduct as referred to in (but not limited to) the above paragraph and if any liability, whether civil or criminal is applied to us as a result of your conduct howsoever arising, we (including our staff, officers, directors and/or agents) shall have an automatic right of indemnity against you for any loss or damage, including legal fees, which we may suffer or incur as a result of your conduct including without limitation any breach by you of these terms & conditions. In addition to our right of indemnity against you, should any litigation be commenced as a result of your conduct, you will agree to cooperate fully as reasonably as required. We also reserve the right to take on, undertake, adopt and/or assume, exclusively, the control of any matter at our sole discretion and that that you shall remain liable for any such claim in any event.

    • 11.13 We cannot accept responsibility for the content of messages or the content of information posted on this website and/or any exchange or conversation/s that may take place within the website. We reserve the right to delete, move, or edit messages that we, in our absolute discretion, consider do not accord with these terms & conditions or are in breach of them. We reserve the right to monitor these, including all postings, messages, advertisements or other at our absolute discretion.

    • 11.14 We do not accept any responsibility for arrangements made between you and any trainer/instructor or any other parties with which you may come into contact through the use of this Website, nor do we accept responsibility for any disputes which may arise between you and any trainer/instructor or any other parties with which you may come into contact through the use of this Website.

    • 11.15 We also reserve the right to cease, discontinue, suspend and/or alter all or any part of this website and/or of the service/s we provide (whether globally, partially or in respect to you and to your access only) at any time and at our sole absolute discretion without notice to you and/or without posting notice on this website or otherwise howsoever. We shall not be responsible for any financial or other loss and/or damage that you may suffer as a result of any such cessation, suspension, discontinuance and/or alteration. Any such cessation, suspension, discontinuance and/or alteration shall not constitute a breach of these terms and conditions by us nor of any part of them.

    • 11.16 We cannot accept responsibility or liability for any failure to gain access to this website and any services provided whether for negligence, routine or emergency maintenance, over-demand or for any reason or otherwise howsoever arising whether in contract, tort or otherwise. You hereby agree and acknowledge that we are not responsible for any cessation, suspension, discontinuance and/or such failure to gain access to all or any part of this website and/or all or any of the services, regardless of the reason. “Failure” shall include, but is not limited to errors, delays, omissions, and interruptions in the availability of this website and the services provided.

    • 11.17 Other than as specified and required by law, no warranty or warranties of any kind are provided by us, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and all/any use of this website and its services by you is undertaken at your own risk. We do not guarantee, confirm, endorse or represent the reliability and/or accuracy of any information on this site including the information contained in the trainer/instructor profiles, any advice, opinion, statement or other information displayed, uploaded or distributed through this website whether by us, a user or other party. Any use of and/or reliance upon any such information by you shall be at your own risk.

    • 11.18 We shall not publish or post any of your direct contact details unless you specifically confirm to us that you wish us to publish such information. You do however acknowledge and understand that the notes you write about yourself may be viewed by all or any users of the website and you agree for us to publish this information. By using this website you agree that we may re-publish this information and your comments entirely or partly.

    • 11.19 Various Hyperlinks may be included within this website which, if clicked (accessed), will lead you to another website. The use of these Hyperlinks, and your access to other websites through them will be entirely at your own risk. Please note that we have no connection, association or affiliation with any such linked websites (whether the Hyperlink was provided by us or not) unless otherwise specifically stated by us.

    • 11.20 Please be aware that, when meeting or communicating with any other parties with which you may come into contact through the use of this Website, some people may actively lie, attempt to mislead you or give false information about themselves or other matters in general. You acknowledge that you are aware of this and of the risks involved and you undertake that you will use this website and its services entirely at your own risk and you are fully aware and acknowledge that we cannot accept any liability in respect of any matter or situation, loss or damage whether financial or otherwise that may result from your use of this website.

    • 11.21 Although any claim made by you or on your behalf against us must be brought in the English courts, we reserve the right to commence proceedings and/or enforcement action in any jurisdiction as appropriate in the event that we consider that our rights (including but not limited to our intellectual property rights) have been breached.

    • 11.22 We cannot confirm or warrant that this website, its services and the content thereof complies with the laws of any jurisdiction other than the laws of England & Wales. If you are accessing this website from a jurisdiction or country outside England & Wales then you must be responsible to observe the laws of the jurisdiction in which you are situated and you must accept responsibility under the laws of that jurisdiction.

    • 11.23 The word and name “POMMAMA” and all/any variations of it are trading names of the Company and all/any trade marks, logos, trade names etc. which are used on this website are trade marks or trade names of The Company.

    • 11.24 When using this Website, and in any other form of communication with the Company, you should do so in accordance with the following rules:

      • 11.24.1 You must not use obscene or vulgar language;
      • 11.24.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      • 11.24.3 You must not submit Content that is intended to promote or incite violence;
      • 11.24.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
      • 11.24.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
      • 11.24.6 You must not impersonate other people;
      • 11.24.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

    • 11.25 You acknowledge that The Company reserves the right to monitor any and all communications made to us or using our System.

    • 11.26 You acknowledge that The Company may retain copies of any and all communications made to us or using our system.

    • 11.27 You acknowledge that any information you send to us through our system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

    • 11.28 In order to use the enquiry form and any other communication facility that may available on this Website or which may be added in the future, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

      • 11.28.1 Any information you submit is accurate and truthful; and

      • 11.28.2 You will keep this information accurate and up-to-date.

  12. Non-Circumvention & Use of our Services

    • 12.1 You acknowledge and recognise that any trainers/instructors made available to You by or through the Company or its Website are exclusive and valuable contacts of the Company. You confirm and agree that, whether by yourself or through any affiliates, associates or appointees, You shall not circumvent the Company and shall not, in any manner, solicit nor offer any business to nor enter into any direct negotiations or transactions with any trainer/instructor (including their affiliates and associates) that are disclosed, made known, have come through or have been introduced to You by the Company (or found through the Company’s website or other media published by the Company), at any time nor in any manner without the express written permission of the Company; and this shall apply for a period of 2 years following Your last session any with such trainer/instructor.

    • 12.2 In the event of circumvention of the Company or breach of Clause 12.1 above by You, directly or indirectly, the Company shall be entitled to monetary compensation equal to the maximum sum it should or could have reasonably been expected to realise but for the said circumvention plus interest thereon at the statutory rate and any and all legal costs incurred in respect of the recovery of such compensation.

    • 12.3 The restrictions in Clauses 12.1 and 12.2 are intended to be separate and severable. If any of the said restrictions shall be held to be void but would be valid if part of their wording were deleted or reasonably amended, such restriction shall apply with such deletion or amendment as may be necessary to make it valid or effective.

    • 12.4 When using the Services you should attend each session in loose fitting comfortable sportswear. If the trainer/instructor considers that you are unprepared for the session, she will have the right to cancel the session.

    • 12.5 When booking a session or sessions you will be required to state how many persons (including yourself) will be partaking in the session(s) and a Fee will be charged in respect of the number of participants in accordance with the rates listed on the Website. If at any session there are more participants than have been declared and paid for you will, at the Company’s sole discretion, either lose the session, or have to pay the increased sum according to the correct number of participants, whereby you hereby give your consent and permission for the Company to charge or deduct the said sum from Your credit/debit/charge card.

  13. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  14. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  15. Third Party Rights

    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and The Company.

  16. Communications

    • 16.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to info@pommama.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

    • 16.2 The Company may from time to time send you information about our products and/or services. If you do not wish to receive such information, please opt out at registration or alternatively you can click “Unsubscribe” link in any email, which you receive from us.

  17. VIRUSES & INDEMNITY

    • 17.1 The Company does not guarantee that the Website will be secure or free from viruses or bugs. You are responsible for configuring your computer, device, programmes and platform in order to access the Website. You should use your own virus protection software.

    • 17.2 You must not misuse the Website by actively or knowingly introducing viruses, Trojans, worms or other malicious material. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any computer or database connected with the Website and you must not attack the Website in anyway howsoever. Any such malicious act will be reported to the relevant law enforcement authorities and you identity shall be disclosed to the said authorities. You hereby agree to compensate, indemnify and hold The Company harmless in respect of any loss, damage or third party claim arising out of any such malicious conduct or similar conduct as described in this Clause.

  18. Dispute Resolution, Law and Jurisdiction

    • 18.1 These terms and conditions and the relationship between you and The Company shall be governed by and construed in accordance with the Laws of England & Wales and you agree that any disputes shall be submitted to the English Courts which shall have exclusive jurisdiction (except for the purposes of enforcing any judgment or award of the English courts in another jurisdiction).

    • 18.2 Notwithstanding Clause 17.1 above, if we have made a contract with you by electronic means, and if you are a Consumer, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found by clicking here

By proceeding with access to our website you are deemed to have accepted these terms and conditions.

© Pommama Limited, 3rd Floor, Fairgate House, 78 New Oxford Street, London, WC1A 1HB; Registered in England & Wales under company registration number 10666576. All Rights Reserved.