Terms & Conditions
Our website address is: https://learnsomatics.ie. The website and business is run by Colm McDonnell.
Please read the full terms and conditions for use of website, information and online offers
Notice and Release of Video of Live Online Class Thank you for choosing to participate in one of our live online wellness classes (the “Class”). The Class is provided by LearnSomatics | Colm McDonnell, which is referred to throughout this document “LearnSomatics,” “us,” and “we.” Please review this Notice and Release of Video of Live Online Class (“Release”) carefully before signing, as it establishes the policies that govern your participation in Class.
› Online Wellness Class. Class will be hosted online on the Zoom (Zoom.us) platform or through other similar platforms. While we do our best to ensure that only authorised participants access the Zoom platform for Class sessions, there is always an inherent risk of unauthorised persons joining the online Class session. We ask all clients not to record any Class. However, LearnSomatics has no agency or control over any third-party or third-party actions. By signing this Release, you warrant that you acknowledge and understand that LearnSomatics cannot guarantee the security or privacy of Class, nor that it will not be recorded.
› No Recording. As a condition of participation in the Class, you warrant and guarantee that you will not record, capture, screenshot, or otherwise engage in any electronic motion picture or photographic acquisition of the Class. It is a crime to use electronic recording devices to record communications without the consent of all parties involved. By signing this Release, you warrant that if a Class is recorded by another participant, an unauthorised third-party, the video hosting platform, or in any other medium or fashion, you acknowledge and agree that LearnSomatics has no control of such recording and hold LearnSomatics harmless against any damages or claims arising out of such recording. LearnSomatics will record the lesson, if advertised in the class description.
› Indemnification. As a condition of participation in Class, to the greatest extent permitted by law, you release, defend, indemnify and hold harmless LearnSomatics / Colm McDonnell from and against any claims, damages, liability, and expenses (including reasonable attorney’s fees) arising from or related to the unauthorised capture, recording, and use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur. The terms of this indemnification and assumption of risk policy shall survive the expiration of your participation in Class.
›Acknowledgment and Agreement. By signing this Release, you acknowledge and agree to the following statements: (i) I have read and understood this entire document; and (ii) I am legally bound by this document.
MEDICAL DISCLAIMER: The SITE Does Not Provide Medical Advice or Health Advice The contents of the SITE, such as text, graphics, images, Information obtained from COMPANY’S licensors, and other material contained on the SITE (the “CONTENT”) are for informational purposes only. The CONTENT is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SITE. Using this SITE does not establish a coach-client relationship with Colm McDonnell or with LearnSomatics. This SITE does not offer diagnosis and or treatment for medical conditions. You must consult with your own doctors in determining if the methodologies suggested on this SITE are appropriate for you and your conditions.
OUTCOMES DISCLAIMER : Any information shared regarding physical or psychological results that are published on https://www.learnsomatics.ie are true and accurate; however there is NO GUARANTEE and NO WARRANTY that by using LearnSomatics’s techniques, ideas, strategies, products or services that are presented on SITE that you will have similar or identical results. The examples that the COMPANY provides are just that – examples and are not to be interpreted as a guarantee or promise of outcome. Any information shared on the SITE is not to be interpreted as a medical advice in any way. THE LEVEL OF SUCCESS THAT YOU OBTAIN IS DEPENDENT ON YOUR IMPLEMENTATION OF THE INFORMATION PRESENTED, PRE-EXISTING CONDITIONS, AND GUIDANCE FROM YOUR PHYSICIAN OR OTHER QUALIFIED MEDICAL PRACTITIONER.
LIVE STREAMING: If you participate in any live streaming activities with the COMPANY through third party providers, you are providing your consent for COMPANY to record and reuse the live streaming material in COMPANY’S sole discretion, including but not limited to, educational and marketing purposes, recorded videos (paid and unpaid), blog posts, and any other form of audio visual currently in operation (or yet to reach the market). COMPANY in no way is obligated to compensate you for any portion of a comment, image, social proof, that you provide as part of your voluntary participation in live streaming platforms.
Terms & Conditions:
BY ACCESSING, VIEWING, OR USING THIS SITE, AS WELL AS ALL RELATED WEBSITES OPERATED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.
USE OF SITE: This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information; ii. any advertisement, solicitation, spam, chain letter, or other similar types of information; iii. any encouragement of illegal activity; iv. unauthorised use or disclosure of private, personally identifiable information of others; or v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.
SITE CONTENTS AND OWNERSHIP : The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Company makes no claim in regards to its use of graphics, voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. The company has made every reasonable effort to give proper attribution where required. If you believe that your content on this Site is in violation of your ownership rights, please contact Colm McDonnell. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorised uses described above. You must provide accurate links back to the Company’s Materials if you want to display or distribute Company’s Materials. We are glad to have you share our content, but you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorised copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
DISCLAIMER OF WARRANTY: You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT. LIMITATION OF LIABILITIES YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION : You agree to indemnify and hold the Company and its owner Colm McDonnell, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
LIMITATIONS ON CLAIM : Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION : Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS : As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company. Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorised to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries. Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business with them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS: This Agreement is governed by and shall be construed in accordance with the laws of the State of Ireland, without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the EU. If you access this site from outside the EU, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Dublin, Ireland for any disputes with the Company arising out of your use of this site.
ENTIRE AGREEMENT : This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT : We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES : You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.