GENERAL TERMS
We are:
Hot Lotus Ltd.
Company No. 10283657
Our registered address is: 9 Evesham Avenue, Heaton Norris, Stockport, SK4 3LQ
We can be contacted by:
Email – info@hotlotus.co.uk
Telephone – 0161 826 0351
You are:
A user of our Website and/or our services.
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before registering with us to become a Member or ordering any Goods from us. When you apply to become a Member or order any Goods from us you agree to be bound by these Terms and Conditions. The contract for membership of the Studio or the purchase of any Goods is between you and Hot Lotus Ltd.
1 DEFINITIONS
“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, the Studio Etiquette, any application form and payment instructions provided to you;
“Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
“Registered user” is a reference to any person who has registered with us to use the Studio;
“Member” is registered user who has purchased a membership package
“Privacy Policy” means the policy displayed on our Website which details how we collect and store your personal data;
“Studio” is a reference to the facility where we provide classes;
“Studio Etiquette” means the rules of the Studio applicable to all members which are displayed on the Website and in the Studio;
“you”, “your” and “yours” are references to you the person accessing this Website, applying for membership and/or ordering any Goods from the Website and in the Studio;
“Hot Lotus”,”the company”, “we”, “us” and “our” are references to Hot Lotus Ltd; and
“Website” is a reference to our Website www.hotlotus.co.uk.
2 MEMBERSHIP AT HOT LOTUS
2.1 To partake of the services provided by Hot Lotus it is necessary to become a registered user of the studio.
2.2 Subject to 2.3 a person becomes a registered user of the studio when they submit a completed Registration Form.
2.3 Acceptance of a person as a registered user is at the absolute discretion of the Company.
2.4 By registering with us you agree to be bound by these Terms and Conditions, by the Privacy Policy and to the Studio Etiquette.
2.5 As a registered user you are eligible to access classes by purchasing class passes or a studio membership.
2.6 If a Member brings a guest to the Studio for a session that guest must, before the commencement of the relevant session become a registered user in accordance with and subject to the Terms and Conditions.
2.7 With the exception of those registering as children for our special children’s classes you must be over 14 years of age to become a Member; however, those under the age of 18 must be accompanied by a parent or guardian when attending the Studio. Children under 14 may attend the studio to partake in specialised children’s classes. Parent’s or guardians will have to complete a children’s registration form
2.8 When you submit your registration form and each time you visit the Studio, you warrant and represent to us that you have no medical conditions known to you that would prevent you from engaging in any and all forms of exercise including, but not limited to, yoga or pilates related exercise in a heated or unheated room. If in doubt at any time, it is your sole responsibility to consult a medical practitioner and cease attending classes until you are satisfied that you are in good health and can perform the exercises safely.
2.9 Hot Lotus reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.
2.10. We offer a range of different membership packages to suit our Members. Details of the current membership packages available are published on our Website and displayed at our Studio.
2.12. Please ensure that you familiarise yourself with any restrictions that may apply to your membership package. Full details are displayed on the Website along with a current timetable of classes.
2.13. Some membership packages are provided in the form of Class passes which entitle the holder of the card to attend a specified number of classes over a set period. Extensions to the Class passes may be purchased at the prices and subject to the terms stated on the Website and at the Studio.
3 HEALTH AND SAFETY
3.1. It is your responsibility to monitor your own physical condition throughout any exercise programme. In the event of any unusual symptoms occurring, you should cease practising and inform a member of staff immediately and also in writing to info@hotlotus.co.uk as soon as it is conveniently possible to do so. You should not attend class until you are satisfied that you are in good health and can perform the exercises safely.
3.2. Prior to commencing classes, you should satisfy yourself that this is the appropriate exercise programme for you. We cannot take any responsibility for any injury that you may sustain as a result of participating in a class at the Studio except where such injury has occurred through our proven negligence.
3.3. Classes may be offered to children from time to time from the Studio. Anyone under the age of 18 years must be accompanied by a parent or guardian when attending the Studio and using the changing facilities. Children attending children’s yoga classes must be brought to and collected from the class by a parent or guardian. No child over the age of 7 may use a changing room reserved for the opposite gender whether or not the child is accompanied by an adult.
4 PURCHASING ONLINE
4.1. You agree to take care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
4.3. When purchasing from our Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
4.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your purchase and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or purchasing from the Website.
4.6. All prices and terms listed on the Website are to the best of our knowledge correct at the time of publication; however, we reserve the right to alter these in the future and in the event of an error in the published price or terms will not be held liable and may alter them without notice. We also reserve the right to alter the membership packages or Goods available for sale on the Website or through the Studio and to discontinue any product line or service.
4.7. The contract for membership will be accepted at the time of confirmation by us that your application for membership has been accepted. We may confirm this to you in writing. You must inform us immediately if any details are incorrect.
5 BOOKING
5.1. All bookings must be made by the client using the Hot Lotus online reservation system. We do not take bookings by email or phone.
5.2. Class spots can be reserved online by any registered user who has an active, valid package covering the period for the classes they wish to reserve. You may book your class starting 14 days ahead and up to 30 minutes prior to the start of a class (“booking window”).
5.3. For classes that are fully booked up, you can place yourself on our online ‘waitlist’ beginning 14 days before the class. Once you are on the ‘waitlist’, as available spots come up in the class you will be moved from the ‘waitlist’ to a confirmed spot in class and will automatically be emailed notification of this.
5.4. If you wish to cancel a booking, you must do so yourself via the online booking system. Note seminars, workshops and other special events requiring a separate event fee cannot be cancelled online or refunded.
5.5. Attending without Booking: You are welcome to come to class without a reservation if a spot is available.
6 PRICES AND PAYMENT
6.1. All prices and terms listed on the Website and in the Studio are correct at the time of publication; however, we reserve the right to alter these in the future without notice. Prices are inclusive of value added tax but exclusive of delivery charges, which will be added to your purchase where applicable.
6.4. Memberships and Class Cards must be paid for in advance. Payment for all online purchases may be made by credit or debit card. Payment may also be made by cash, for purchases made in the Studio.
6.5. Memberships may be paid for on a monthly subscription basis. We suggest you set up a regular payment from your bank account.
6.6. Failure to pay membership dues on time may result in the cancellation of your membership.
6.7. We will notify you of any increase in your membership rates when such increase becomes applicable, which is typically at the end of each 12 month anniversary of your membership. You will usually be given 30 days’ notice of any increase and the increased amount will be payable in the following month.
7 MEMBERSHIP CANCELLATION OR TERMINATION
7.1. You may cancel your membership package within 14 calendar days of confirmation of your order provided that you have not used any part of your membership. A full refund will be made within 30 days of receipt of notification.
7.2 Memberships paid in advance: If you have paid for a membership in advance these are not normally eligible for cancellation. If your circumstances change to such an extent that it is not possible for you to continue to participate in classes, you may be able to terminate with 30 days’ notice or we may freeze your membership. Please notify us and we can discuss your options. Once a termination has been agreed and confirmed with the studio we can arrange a refund for your unused membership. For any such refund, if agreed, a £20 administrative fee is applicable.
7.3 Memberships paid by regular payment: – following expiry of the term of the agreement, i.e.3 months or 12 months, you may terminate your membership any time by giving us 30 days’ notice in writing following the end of your current month of membership. Regular payment memberships are rolling memberships that continue perpetually unless cancelled within the above notice period. Once a termination has been agreed and confirmed with the studio it is your responsibility to cancel payment arrangements you have in place with your bank and, if you fail to do so, a refund will not be made automatically. For any such refund, if agreed, a £20 administrative fee is applicable.
7.4. If your circumstances change to such an extent that it is not possible for you to continue to participate in classes you may be able to terminate with 30 days’ notice period following the end of the current month of your regular payment membership. Please contact us in any such case to discuss your membership options. Rather than terminate, we may at our sole discretion choose to freeze your membership.
7.5. You can terminate your membership at any time if we seriously break these Terms and Conditions and do not resolve the breach in a reasonable manner and time frame.
7.6. Membership Transfers: – Your membership is not transferable to anyone else. Allowing anyone else to use your membership package number represents a serious breach of these Terms & Conditions and will result in that membership being cancelled and no refund of the membership or current class package fee will be paid.
7.7. “Freezing” memberships: – Membership packages may be frozen if a change in your circumstances require it. Please let us know that this is what you want to do and we can arrange this.
7.8. Termination by us: – We reserve the right to terminate your membership at any time if we have reasonable grounds to believe any of the following:
7.9. you have acted in breach of these Terms and Conditions (which shall include non-payment of membership fees) and/or the Studio Etiquette;
7.9.1. your behaviour within the Studio is unreasonable, abusive or offensive to other members;
7.9.2. your actions within the Studio put you, other members or staff, or any property at risk; or
7.9.3. we have reason to believe you have engaged in or are attempting to engage in any illegal activity.
7.9.4 In all cases of termination by us you will not be entitled to a refund of any membership you may have paid in advance and, in cases of annual or standing order membership, you will also be liable to pay the balance of any membership fees where termination takes place part way through the first 12 months of membership or any other agreed minimum period.
YOUR INFORMATION
8.1. Where we have requested information from you to provide Goods or services you agree to provide us with accurate and complete information.
8.2. You authorise us to use, store or otherwise process your personal information in order to provide the Goods or services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time, with your permission, in cases where we believe that the services offered by such third parties may be of interest to you, or without further notification where this is required by law or in order to provide the Goods or service to you. Except as specifically otherwise indicated in our Privacy Policy, we will not pass on or sell your private information or contact details to any third parties for their marketing purposes. More information can be found in our Privacy Policy.
9 COMPLAINTS
9.1 We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to info@hotlotus.co.uk.
10 LIMITATION OF LIABILITY
10.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free, fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website; and we do not make any warranty whatsoever, whether expressed or implied, relating to fitness for purpose or accuracy.
10.2. We disclaim any and all liability to you for the supply of our Yoga and Pilates services and any Goods purchased from us (whether via this Website or at the Studio) to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for membership or the relevant Goods, taking into account any usage of your membership or Goods. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.3. We do not accept any liability for any delays, failures, errors, omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
10.4. We shall not be held liable for any failure or delay in performing our membership services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
10.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
10.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10.7. We provide small lockers free of charge for your valuables and advise that you use them. We will not be liable to you for any loss, damage or theft of any property you bring onto our premises while it is not in a locked locker. For items that you can demonstrate have been removed from locked lockers or have been lost through any clear negligence on behalf of Hot Lotus , you will firstly need to file a police report indicating the loss, and secondly an insurance claim with your insurer, or in the case that you do not have such insurance make a written statement to us to that effect. Our liability in these instances, if any, to you will be limited to the lesser of the proven value of the item after adjusting for any usage and after any consideration you have received from your insurer, and £500.
10.8. Any bicycles, vehicles or their contents parked inside or outside Hot Lotus premises are left entirely at their owners’ risk, and Hot Lotus will not accept any liability for loss, theft, or damage that may occur.
11 GENERAL
11.1. We may subcontract any part or parts of the services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. We may change the location of the Studio at any time and will provide you with as much notice as is practicable.
11.2. We may alter or vary the Terms and Conditions at any time and any revised terms will be displayed on our Website.
11.3. The Terms and Conditions together with the Privacy Policy, the Studio Etiquette, any application form, the Standing Order Mandate, and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
11.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
11.5. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
11.6. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.7. It is not intended that the undertakings and obligations of the parties set out in this Agreement shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.
Hot Lotus Ltd – Privacy Policy
This privacy policy sets out how Hot Lotus uses and protects any information that you provide to us.
Hot Lotus is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified then you can be assured that it will only be used in accordance with this privacy statement.
Hot Lotus may change this policy as and when required and will update the policy accordingly.
INFORMATION WE COLLECT
When you sign up to any of our services we may collect the following personal information:
- Full name, contact information including email address & contact telephone numbers
- Demographic information such as postcode, date of birth, preferences and interests
- Payment information, if provided by you, at the time for payment of services or an account set up
CCTV
Our studio location may have CCTV installed in order to help protect the property and safety of visitors and staff. Any images and footage are treated as private information, with confidentiality and will be treated with the same high standards of confidentiality and care with which we will treat your other private information.
WHAT WE DO WITH THE INFORMATION WE GATHER
We may use the information that you provide or that we collect for the following purposes:
- To register you with Hot Lotus, and to set up and manage your Hot Lotus online membership account.
- Internal record keeping.
- To improve our products and services.
- To periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- To contact you from time to time, by email, phone, fax or mail.
Photographic information: We may, for the purposes of identification, keep on file an electronic photographic image of you. Furthermore, as stated in our general Terms & Conditions, photographs and/or video may be taken within our premises for journalistic features or to promote the studio and our services either directly or through our partners.
Personal information from persons under the age of 18: Any personal information related to children (under age 18) will not be knowingly collected without the consent of their parent or guardian.
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
ONLINE PAYMENTS
We use payment providers to take payments for services online. These companies will have access to your personal and payment information. When paying by credit/debit card, Hot Lotus do not ever have access to your credit/debit card details.
We share information with these companies only to the extent necessary for the purposes of processing payments you make via our website.
SECURITY
We will protect your Personal Information from unauthorised access, misuse, alteration or loss by using commercially reasonable security measures.
CONTROLLING YOUR PERSONAL INFORMATION
We value your privacy and do not sell your information to any third parties under any circumstances.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@hotlotus.co.uk
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
We do not sell or rent any of your personal information to any third parties for their marketing purposes without your express consent.
The parties with whom we may share your personal information are:
- Our contracted service providers who provide services related to the management of your account.
- Banking partners including but not limited to credit card issuers and banks processing your orders and transactions.
- Credit bureaus and collection agencies to the degree the law allows.
- Business entities with whom we intend to merge or who are seeking to acquire us.
- The government, law enforcement, or other third parties if we need to do so in order to meet the requirements set by law or court order; or if we reasonably believe that the sharing of your personal information is necessary to report suspected unlawful activity or to investigate potential or existing breaches of our Terms & Conditions.
COMMUNICATING WITH YOU
We may send you email notifications regarding your membership (such as booking confirmations) or general information such as newsletters or important service updates.
Your right to control what communications, if any, that you receive from Hot Lotus is important to us. The information below will assist you in understanding the different communication options you have, and how you can notify us of changes in your preferences or to unsubscribe in general.
CONTACTING US
You may reply to email or text messages from Hot Lotus requesting that your address be unsubscribed. Any request will take approximately 5 working days to process.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
HOW WE MAY CONTACT YOU
We may contact you from time to time with any issues related to your account, to respond to any queries you may have, or to bring you offers and other notifications. The form of contact may be via voice calls, emails, text messages (SMS) or social media using the contact information that you have provided to us.
FUTURE CHANGES TO OUR PRIVACY POLICY
Our Privacy Policy has been designed to enable us to give you an optimal experience at our locations while allowing you to enjoy this experience in a setting that is as secure as reasonably possible. The policy is subject to change as our business evolves. Any changes to this policy will be updated on our website.
Should you have any questions or comments regarding this policy you are more than welcome to speak with a member of staff or email us at info@hotlotus.co.uk.
This Privacy Policy should be read in conjunction with the Terms & Conditions on this website.