1. INTRODUCTION
Welcome to the LŌM website. These Website Terms and Conditions govern your access to and use of this website and any related online services made available through it, including browsing, submitting enquiries, purchasing packages, making bookings, and accessing information about LŌM.
By using this website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you should not use this website.
2. ABOUT LŌM
This website is operated by LŌM, a movement and wellness studio offering services which may include reformer Pilates, mat Pilates, yoga, private sessions, semi-private sessions, events, workshops, and related studio services.
3. WEBSITE USE
You may use this website only for lawful purposes and in accordance with these Terms and Conditions.
You agree not to:
- use the website in any way that breaches any applicable law or regulation;
- interfere with the security, functionality, or proper working of the website;
- upload, transmit, or distribute any harmful code, virus, malware, or other disruptive material;
- attempt to gain unauthorised access to any part of the website, server, database, or connected systems;
- use the website to submit false, misleading, or fraudulent information; or
- copy, scrape, reproduce, or exploit website content for commercial purposes without LŌM’s prior written consent.
4. INFORMATION ON THE WEBSITE
LŌM aims to ensure that the information on this website is accurate and up to date. However, class schedules, package details, prices, availability, studio services, and other content may change from time to time without notice.
LŌM does not warrant that all website content will always be complete, current, error-free, or uninterrupted. Any reliance you place on website content is at your own risk, subject to applicable law. Government website terms in South Africa use similar ECTA-based online liability wording, including limitations tied to sections 43(5) and 43(6).
5. BOOKINGS AND ONLINE PURCHASES
Where this website links to or integrates with a booking or payment platform, including Octiv or any payment gateway used by LŌM, users may be able to make bookings, purchase packages, or sign up for services online.
All online bookings and purchases are subject to:
- availability;
- successful payment confirmation where applicable;
- LŌM’s Membership Terms and Conditions;
- LŌM’s Waiver / Indemnity;
- LŌM’s PAR-Q or health screening requirements where applicable; and
- any package-specific rules communicated at the time of purchase.
A booking or purchase is not deemed confirmed until the relevant confirmation has been issued through the applicable system.
6. PACKAGE, CLASS AND STUDIO TERMS
Any purchase of a class pack, membership, private session, semi-private session, intro offer, or other service through this website is also subject to LŌM’s separate studio terms, including package validity, cancellation rules, no-show rules, late cancellation fees, and non-refundability where applicable.
Participation in classes or sessions may also be subject to completion of health and risk documentation, including a PAR-Q and waiver / indemnity.
7. PRICES AND PAYMENT
All prices displayed on the website are in South African Rand unless stated otherwise.
LŌM takes reasonable care to ensure that prices displayed are correct, but reserves the right to correct pricing errors, inaccuracies, or omissions at any time. If an obvious pricing error has occurred, LŌM may cancel or decline the affected transaction and, where payment has already been made, arrange an appropriate refund or reversal.
Payments made through third-party platforms or gateways are subject to the terms and processes of those providers as well as LŌM’s own terms.
8. ELECTRONIC TRANSACTIONS AND ACCEPTANCE
By submitting information, ticking an acceptance box, making an online booking, or completing an online purchase through this website or an integrated platform, you acknowledge that electronic transactions and electronic acceptance may be valid and binding. South Africa’s Electronic Communications and Transactions Act provides the framework for electronic communications and transactions, including online contracting.
9. CANCELLATIONS AND REFUNDS
Cancellations, refunds, credits, expiries, transfers, freezes, and related issues are governed by the applicable LŌM Membership Terms and Conditions or package rules.
Unless otherwise stated in writing, website purchases linked to studio packages or services remain subject to LŌM’s studio cancellation and refund rules.
10. INTELLECTUAL PROPERTY
All content on this website, including but not limited to text, branding, logos, images, graphics, layout, design elements, videos, downloads, and other material, is owned by LŌM or used under licence, and is protected by applicable intellectual property laws.
You may view and use the website content for personal, non-commercial use only. You may not reproduce, distribute, modify, publish, transmit, display, sell, or otherwise exploit any website content without LŌM’s prior written consent.
11. LINKS TO THIRD-PARTY SITES AND SERVICES
This website may contain links to third-party websites, software, booking tools, payment processors, social-media platforms, maps, and other services for convenience.
LŌM does not control or endorse third-party sites or services and is not responsible for their content, security, privacy practices, availability, or performance. Your use of such third-party sites and services is at your own risk and subject to their own terms and policies.
12. WEBSITE AVAILABILITY AND SECURITY
LŌM does not guarantee that this website will always be available, uninterrupted, secure, or free from bugs, viruses, or technical errors.
LŌM may suspend, withdraw, restrict, or change all or any part of the website without notice for operational, maintenance, security, or business reasons.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law, LŌM shall not be liable for any loss, damage, liability, cost, or expense arising from or connected with:
- your use of or inability to use this website;
- any technical malfunction, outage, delay, or interruption;
- any virus, malware, cyberattack, or harmful material affecting your systems;
- reliance on website content;
- errors in pricing, scheduling, or availability; or
- the acts or omissions of third-party platforms, booking systems, or payment providers.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded under South African law. South African government website terms use similar liability-limitation language, expressly subject to ECTA provisions.
14. CONSUMER RIGHTS
Nothing in these Terms is intended to limit or waive any rights that you may have under applicable consumer-protection law. The Consumer Protection Act requires consumer-facing agreements to be in plain and understandable language.
15. PRIVACY AND PERSONAL INFORMATION
By using this website, submitting a form, making an enquiry, signing up for updates, making a booking, or purchasing a service, you acknowledge that LŌM may collect and process your personal information.
LŌM will process personal information in accordance with applicable South African law, including POPIA. POPIA establishes minimum requirements for lawful processing of personal information by public and private bodies.
Please read LŌM’s Privacy Policy for more information on how personal information is collected, used, stored, and protected.
16. COOKIES AND TRACKING
This website may use cookies and similar technologies to improve website functionality, remember preferences, analyse traffic, and support marketing or advertising tools.
Where required, further information about cookies and tracking technologies will be set out in LŌM’s Privacy Policy or Cookie Notice.
17. USER SUBMISSIONS
If you submit any enquiry, review, form, message, image, comment, or other content through the website, you confirm that:
- the information is accurate and not misleading;
- you have the right to submit it;
- it does not infringe the rights of any third party; and
- it is not unlawful, harmful, abusive, defamatory, obscene, or otherwise inappropriate.
LŌM reserves the right to remove, ignore, or refuse any submission at its discretion.
18. MARKETING COMMUNICATIONS
If you choose to opt in, LŌM may send you marketing or promotional communications by email, WhatsApp, or other agreed channels. You may opt out of non-essential marketing communications at any time.
Operational and transactional communications relating to bookings, purchases, account matters, safety, or service delivery may still be sent where necessary.
19. CHANGES TO THESE TERMS
LŌM may update or amend these Website Terms and Conditions from time to time. The latest version published on the website will apply from the date of publication.
Users should check these Terms periodically to remain informed of any updates.
20. GOVERNING LAW
These Terms and Conditions are governed by the laws of the Republic of South Africa.
21. CONTACT DETAILS
If you have any questions about these Website Terms and Conditions, you may contact LŌM through the contact details provided on the website.