Privacy Policy & Terms and Conditions

This policy is effective immediately.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

  1. a) HAVE READ THESE TERMS,
  2. b) UNDERSTAND THESE TERMS, AND
  3. c) ACCEPT AND AGREE TO BE BOUND BY THEM.

Introduction

At Physiques By Vinay (the “Company” or “We”), we respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit this website (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In e-mail, text and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW (“personal information”);
  • that is about you but individually does not identify you, and/or
  • about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us.

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products or services that you request from us.
  • To provide you with information about our services
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • To fulfill any purpose for which you provide it.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Terms & Conditions

By submitting the form and using our services and/or consultation you agree to the following terms and conditions: ​
You agree that you are an adult and capable of entering into a contract with third parties. Exercise or a diet programme
in any form for a minor (person under 18 years of age) should at all times be done under the supervision of an adult and
under the guidance of a registered medical practicioner.
You understand and acknowledge that our consultants are not medical doctors, and that our advice is not a substitute for
medical advice given by a registered medical practicioner.
You understand and acknowledge that you must consult a registered medical practicioner before beginning any exercise or
nutrition program, including anything you receive from Phenomenal Physique.
​You understand that exercise programs by their nature carry a risk of injury and bodily harm. You fully assume unto
yourself all risks and consequences for any injury or other bodily or mental harm and fully indemnify from Phenomenal
Physique and its asssociates from all legal liability on account of such injury.
You understand that there are videos of how to execute the correct form of each and every exercise which will greatly
reduce the risk of injury but as with any exercise program, the risk of injury can never be eliminated completely.
You understand and acknowledge that exercise and diet programmes have a different effect on each individual and that results may vary.
Although all efforts shall be made to provide you with the appropriate advice, Vinay Bhambwani does not undertake or guarantee any effects of its diet/ exercise programmes and does not undertake any liability for the ineffectiveness, if any, of the same.

YOGA RETREATS

CANCELLATION POLICY

Please note that our programs are limited to a small number of attendees, to allow for a more personable, intimate experience, our cancellation policy is in place to help guests and us alike work together sharing expenses that may arise from unexpected cancellations.

  1. HOLD DEPOSITS ARE NON-REFUNDABLE.
  2. Full balance due 2 weeks before start date of retreat unless otherwise noted.
  3. Any refunds allowed will incur a 5% processing fee.

No one books a retreat with the intention of cancelling it, but unexpected events do occur, so please consider purchasing travel insurance and that it is your responsibility to read and understand our cancellation policies. Exceptions cannot be made for any reason, including weather, injury/illness, or personal emergencies. No refunds or credits for failure to attend or failure to complete the retreat, or for arriving late or leaving early. We reserve the right to cancel retreats with inadequate participant interest, in which case all relevant payments will be refunded.

In no event will We be liable to You or any party related to You for any damage, including damage from Your participation in any of the Activities, including, without limitation, those arising out of or resulting from personal injury (including disability or death) and property damage (collectively, “Claims and Liabilities”), regardless of cause, INCLUDING ANY AND ALL CLAIMS AND LIABILITIES WHICH ARISE OUT OF OR RESULT FROM ANY ACTIONS OR OMISSIONS, INCLUDING NEGLIGENCE whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Alcohol / Drugs Policy

(a) Guests should not practice yoga under the influence of alcohol, drugs, or both, and doing so can result in immediate dismissal from the session, retreat, or both, with no refund being issued.

(b) Guests must respect our partners and affiliates. If a guest requests drugs from local staff and retreat partners it can result in immediate dismissal from the retreat with no refund being issued.

Right to Refuse

(a) We reserve the right to dismiss or refuse entry to any session or the training at any time at the teacher’s discretion with no refund being issued, in the event of a breach of any of these terms and conditions, or disruptive behavior.

Vinay Bhambwani and all persons involved in retreats (herein after referred to as “AGENTS”) act only in capacity as AGENTS for the participant in all matters connected with travel, sight-seeing journeys and transportation, and as AGENTS hold themselves free of responsibility for any damage occasioned by any cause. AGENTS will not be responsible for any damages or expenses or inconveniences caused by late departures or change of schedule, strikes or to their conditions, nor will be responsible for loss or damage to baggage or any of the participant’s belongings. All prices quoted are correct at time of printing, include the cost of operation of the journeys, and are subject to currency changes. AGENTS shall not be responsible for personal injury, death, accident, delay, loss, damage, irregularity or property damage as a result of force majeure or for any other losses or damages incurred by any person or journey participants caused by any delay or change of itinerary or arising out of any act, including, but not limited to, any act of negligence, any person acting for or on behalf of AGENTS for transportation, accommodation or sight-seeing provider or any other person or entity rendering any of these services or accommodations being offered in connection with this journey. This agreement supersedes all previous oral or written communications, representations, or agreements between the parties. Participants assume the risk involved when participating in yoga, foreign travel, and any and all activities and/or pursuits voluntarily undertaken while participating in the retreat. In regard to the stay during the yoga retreat, AGENTS will provide safe, careful instruction and safe premises, but ask that each participant to take personal responsibility for their own self-care and (in the unlikely case) for any injuries incurred during retreat. Modifications are given to students with specific needs. If participants are unsure of their physical ability due to previous injuries, they should seek the advise of a healthcare practitioner beforehand.

By participating in a retreat, guests acknowledge and agree to videos, images and photos of their being and likeness being taken by Vinay Bhambwani and other participants and that such images may be shared at will online and publicly.

By participating in any program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release AGENTS from any and all claims or causes of action, known or unknown, arising out of AGENT’s negligence. Please consult with your physician before beginning any exercise program.

By choosing to use the services found on this Site, you agree to the following:

  • Yoga is an individual experience. You will progress at your own pace, and if you experience any pain or discomfort, you will listen to your body, adjust the posture, and/or stop and rest when needed.
  • You understand there is an inherent risk associated with any exercise program including your voluntary participation in yoga that may result in injury. You understand and are aware that the components of yoga are potentially hazardous activities and may cause injury.
  • You acknowledge that you have either 1.) had a physical examination and/or have been given permission from your physician to participate in a yoga program or 2.) that you have decided to participate in a yoga program voluntarily and without the approval of your physician and do hereby assume all responsibility for your participation in the online yoga videos or any other yoga activity associated with Vinay Bhambwani.
  • You, your heirs, and legal representatives, do hereby forever waive and release AGENTS, its members, teachers, agents and employees from any and all liability and responsibility from injury, accident, illness, legal and medical fees sustained now or in the future resulting from your participation in any yoga videos or activities.
  • You understand that Vinay Bhambwani is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.

Thank You for Visiting the Website.