The Physio and Pilates Centre Limited
(trading as Physio and Pilates Online)
Terms and Conditions
for online courses/subscriptions
These Terms together with the attachment below and any and all other documents referred to in these Terms set out the terms and conditions on which Online classes, accessed via Subscriptions, is sold by PhysioPilates to Customers through this website, www.physiopilates.co.uk (“Our Site”).
Terms and information that are specific to accessing the Physio and Pilates instruction from or via Our Site using the Thinkific website platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms.
Please read these Terms and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms or the attachment, please contact PhysioPilates to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms and the attachment. If You do not, You will not be able to purchase a Subscription and access Online classes through Our Site.
All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
- are required by law to give to You before You order a Subscription; or
- voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.
We give You some of that information before You order a Subscription and some it is set out in these Terms and the attachment below.
Agreed Terms
- Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
| “Account” | means the account, referred to in clause 6.1, that You must set up with PhysioPilates in order to purchase any Subscription; |
| “Consumer” | means an individual customer who is to receive or use Our services comprising Online classes for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession; |
| “Contract” | means a contract for the purchase of a Subscription to access any Online classes, as explained in clause 7; |
| “Online classes” | means any content (including text, graphics, images, audio, and video) comprising Physio and Pilates training, teaching or instruction session or course, or any Physio or Pilates Materials and other materials or information, which We offer. The sessions, courses, Physio or Pilates Materials and other information or materials are sold by PhysioPilates through Our Site and made available by PhysioPilates via Our Site by means of:
|
| “Physio or Pilates Materials” | means background and other information or materials about Pilates downloadable or viewable as text/graphics; |
| “Subscription” | means a subscription to Our Site purchased by You which provides You with the entitlement and access to Online classes which comprises either:
Every Subscription will include access to the Physio or Pilates Materials for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation; |
| “Subscription Confirmation” | means Our acceptance and confirmation of Your purchase of a Subscription; |
| “Subscription ID” | means the reference number for Your Subscription; and |
| “We/Us/Our” | means The Physio and Pilates Centre Ltd, a company registered in England and Wales with company number 04212708, whose registered address is Unit 5, 3 Hawthorn Lane, Wimslow, Cheshire SK9 1AA. |
| 2 | Contacting Us |
| 2.1 | If You wish to contact PhysioPilates with general questions, for matters relating to Online classes or Your Subscription or Account or relating to cancellation, You may contact PhysioPilates by email [email protected]. |
| 2.2 | To make a complaint, see clause 14 |
| 3 | Customers only and Age Restriction |
| Only a Consumer may purchase a Subscription and access Online classes on or through Our Site and that person is aged at least 18 years of age may they do so. | |
| 4 | Business Customers |
| These Terms and the attachment below do not apply to customers purchasing Subscriptions and accessing Online classes in the course of any business trade, craft or profession carried on by either them or any other person/organisation. | |
| 5 | Subscriptions, Online classes, Pricing and Availability |
| 5.1 | We make all reasonable efforts to ensure that all descriptions of Subscriptions and Online classes available from PhysioPilates correspond to the actual Subscription and Online classes that You will receive. |
| 5.2 | Please note that clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Online classes and the descriptions of it. Please refer to clause 11 if Your Subscription or the Online classes is incorrect. |
| 5.3 | We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in clause 12.1. |
| 5.4 | Minor changes may, from time to time, be made to certain Online classes, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Online classes and should not normally affect Your use of that Online classes. However, if any change is made that would affect Your use of the Online classes, suitable information will be provided to You |
| 5.5 | In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Online classes. If We do so, We will inform You at least 14 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in clause 12.1. |
| 5.6 | Where any updates are made to Online classes, that Online classes will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Online classes. Please note that this does not prevent PhysioPilates from enhancing the Online classes, thereby going beyond the original description. |
| 5.7 | We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note clause 5.11 regarding VAT, however). |
| 5.8 | All prices are checked by PhysioPilates before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing. |
| 5.9 | If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to clause 12.4. |
| 5.10 | If the price of a Subscription that You have ordered changes between Your order being placed and PhysioPilates processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order. |
| 5.11 | All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and PhysioPilates taking payment, the amount of VAT payable will be automatically adjusted when taking payment. |
| 6 | How Contracts Are Formed |
| 6.1 | Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order before submitting it. |
| 6.2 | You will be required as part of setting up an account to complete a health questionnaire. If in our reasonable opinion you are not suitable for a subscription we will not accept your order. You must complete the health questionnaire with complete and accurate information. |
| 6.3 | If, during the order process, You provide PhysioPilates with incorrect or incomplete information, please contact PhysioPilates as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give PhysioPilates the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Online classes that results from You providing incorrect or incomplete information. |
| 6.4 | Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by PhysioPilates sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between PhysioPilates and You. |
| 6.5 | Subscription Confirmations shall contain the following information: |
| 6.5.1 | Your Subscription ID; |
| 6.5.2 | Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Online classes available as part of it; |
| 6.5.3 | fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges; |
| 6.5.4 | the duration of Your Subscription (including the start date, and the expiry and renewal date); |
| 6.5.5 | confirmation of Your acknowledgement that the Online classes will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Online classes as detailed below in clause 11.1; and |
| 6.5.6 | in relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Physio or Pilates Materials constituting the Online classes, the time/date when or period during which it can be accessed. |
| 6.6 | In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible. Any refunds under this clause 6 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. |
| 6.7 | Refunds under this clause 6 will be made using the same payment method that You used when purchasing Your Subscription. |
| 7 | Payments for Subscriptions |
| 7.1 | Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment). |
| 7.2 | If You do not make any payment due to PhysioPilates on time, We will suspend Your access to the Online classes. For more information, please refer to clause 8.6. If You do not make payment within 14 days of Our reminder, We may cancel the Contract. Any outstanding sums due to PhysioPilates will remain due and payable. |
| 7.3 | If You believe that We have charged You an incorrect amount, please contact PhysioPilates at [email protected] as soon as reasonably possible to let PhysioPilates know. You will not be charged for Online classes while availability is suspended. |
| 8 | Provision of Online classes |
| 8.1 | We undertake to make available to You on these Terms the Online classes for which You subscribe but if You choose not to access or make any permitted use of some or all of the Online classes or, for any reason not attributable to PhysioPilates You are unable to do so, You will not be entitled to any refund. |
| 8.2 | All Online classes within the scope of Your Subscription will be available to You in accordance with clause 6.5.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following: |
| 8.2.1 | an item of Online classes requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-livestreamed item or Background Item, the period within which it is or will be available for access; |
| 8.2.2 | if an item of Online classes is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 minutes. |
| 8.3 | When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Online classes to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Online classes, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see clause 11.1 for more information. |
| 8.4 | In some limited circumstances, We may need to suspend the provision of Online classes (in full or in part) for one or more of the following reasons: |
| 8.4.1 | to fix technical problems or to make necessary minor technical changes; |
| 8.4.2 | to update the Online classes to comply with relevant changes in the law or other regulatory requirements; |
| 8.4.3 | to make more significant changes to the Online classes, as described above in clause 5.5. |
| 8.5 | If We need to suspend availability of the Online classes for any of the reasons set out in clause 8.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous with the Online classes, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 30 days, You may end the Contract as described below in clause 12.2. |
| 8.6 | We may suspend provision of the Online classes as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 14 days of Our notice, We may suspend provision of the Online classes until We have received all outstanding sums due from You. If We do suspend provision of the Online classes, We will inform You of the suspension. You will not be charged for any Online classes while provision is suspended. |
| 8.7 | Any refunds under this clause 8 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. |
| 8.8 | Refunds under this clause 8 will be made using the same payment method that You used when purchasing Your Subscription. |
| 9 | License |
| 9.1 | When You purchase a Subscription to access Online classes, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Online classes for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Online classes (including any material that We may licence from third parties). |
| 9.2 | The licence granted to You under clause 9.1 is subject to the following usage restrictions and/or permissions: |
| 9.2.1 | You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Online classes (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and |
| 9.2.2 | when You use a two way livestream facility to access an Online classes item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it. |
| 10 | Problems with Online classes |
| 10.1 | We undertake to provide Online classes that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Online classes available through Your Subscription does not comply or We do not so act, please contact PhysioPilates as soon as reasonably possible to inform PhysioPilates of the problem. Your available remedies will be as follows: |
| 10.1.1 | if the Online classes has faults, You will be entitled to a repair or a replacement. |
| 10.1.2 | if We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund. |
| 10.1.3 | if You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to clause 13.3 for more information. |
| 10.2 | Please note that We will not be liable under this clause 10 if We informed You of the fault(s) or other problems with particular Online classes before You accessed it and it is that same issue that has now caused the problem (for example, if the Online classes in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Online classes for an unsuitable purpose that is neither obvious nor made known to PhysioPilates and the problem has resulted from Your use of the Online classes for that purpose; or if the problem is the result of misuse or intentional or careless damage. |
| 10.3 | Refunds (whether full or partial, including reductions in price) under this clause 10 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund. |
| 10.4 | Refunds under this clause 10 will be made using the same payment method that You used when purchasing Your Subscription. |
| 10.5 | For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office. |
| 11 | Cancelling Your Subscription |
| 11.1 | If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and PhysioPilates is formed) and ends when You access (e.g. download or stream) any Online classes, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first. |
| 11.2 | After the cooling-off period, You may cancel Your Subscription at any time. However, subject to clause 11.3 and clause 12, We cannot offer any refunds and You will continue to have access to the Online classes for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end. |
| 11.3 | If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform PhysioPilates as soon as possible and do not attempt to access any Online classes. Provided You have not accessed any Online classes since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Online classes once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Online classes for the remainder of the Subscription (up until the renewal or expiry date, as applicable). |
| 11.4 | If You wish to exercise Your right to cancel under this clause 11, You may inform PhysioPilates of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on Our Site www.physiopilates.co.uk and will include a link to it with the Subscription Confirmation. Cancellation by email or by post is effective from the date on which You send PhysioPilates Your message. If You would prefer to contact PhysioPilates directly to cancel, please email us at [email protected], providing PhysioPilates with Your name, address, email address, telephone number, and Subscription ID. |
| 11.5 | We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services. However, please note that You are under no obligation to provide any details if You do not wish to. |
| 11.6 | Refunds under this clause 11 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform PhysioPilates that You wish to cancel. |
| 11.7 | Refunds under this clause 11 will be made using the same payment method that You used when purchasing Your Subscription. |
| 12 | Your Other Rights to End the Contract |
| 12.1 | You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Online classes (as described in clause 5.3 or clause 5.5), or to these Terms that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund for the remaining part of your subscription. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Online classes until that date. |
| 12.2 | If We have suspended availability of the Online classes for more than 30 days, or We have informed You that We are going to suspend availability for more than 30 days, You may end the Contract immediately, as described in clause 8.5. If You end the Contract for this reason, We will issue You with a partial refund for the remainder of your subscription. |
| 12.3 | If there is a risk that availability of the Online classes will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial refund for the remainder of your subscription. |
| 12.4 | If We inform You of an error in the price or description of Your Subscription or the Online classes and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a partial refund for the remainder of your subscription. |
| 12.5 | You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office. |
| 12.6 | Refunds under this clause 12 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription. |
| 12.7 | If You wish to exercise Your right to cancel under this clause 12, You may do so in any way You wish, however for Your convenience We offer a cancellation form on Our Site www.physiopilates.co.uk and will include a link to it with the Subscription Confirmation. If You would prefer to contact PhysioPilates directly to cancel, email us at [email protected] providing PhysioPilates with Your name, address, email address, telephone number, and Subscription ID. |
| 13 | Our Liability to Customers |
| 13.1 | We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and PhysioPilates when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. |
| 13.2 | Our Online classes is intended for non-commercial use only. We make no warranty or representation that the Online classes is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. |
| 13.3 | If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Online classes) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if: |
| 13.3.1 | We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or |
| 13.3.2 | the damage has been caused by Your own failure to follow Our instructions; or |
| 13.3.3 | Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription. |
| 13.4 | Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Online classes which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us. |
| 13.5 | Nothing in these Terms seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office. |
| 13.6 | We will not be responsible or liable if You are unable to access any Online classes due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below). |
| 14 | Complaints and Feedback |
| 14.1 | We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. |
| 14.2 | If You wish to complain about any aspect of Your dealings with Us, please contact PhysioPilates by email, addressed to [email protected]. |
| 15 | How We Use Your Personal Information (“Data Protection”) |
| We will only use Your personal data as set out in Our privacy policy available from online.physiopilates.co.uk/pages/privacy. | |
| 16 | Other Important Terms |
| 16.1 | We may transfer (“assign”) Our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by PhysioPilates in writing. Your rights under these Terms (and the Contract) will not be affected and Our obligations under these Terms (and the Contract) will be transferred to the third party who will remain bound by them. |
| 16.2 | You may not transfer (“assign”) Your obligations and rights under these Terms (and under the Contract) without Our express written permission. |
| 16.3 | The Contract is between You and Us. No other person shall have any rights to enforce any of its terms. |
| 16.4 | If a court or other authority finds that any part(s) of these Terms are unlawful, the remaining parts will remain in full force and effect. |
| 16.5 | If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms, that will not prevent PhysioPilates doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract. |
| 16.6 | We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see clause 12.1). |
| 17 | Law and Jurisdiction |
| 17.1 | These Terms and Conditions, and the relationship between You and PhysioPilates (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales. |
| 17.2 | As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in clause 17.1 takes away or reduces Your rights as a consumer to rely on those provisions. |
| 17.3 | As a Consumer, any dispute, controversy, proceedings or claim between You and PhysioPilates relating to these Terms and Conditions, or the relationship between You and PhysioPilates (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency. 0 |
Attachment
| 1 | Use of Thinkific to access the PhysioPilates Online instruction |
| 1.1 | We use technology which allows PhysioPilates to provide You with Instruction provided that You have the appropriate technology (see below) to receive that Instruction. For this purpose, We use Thinkific. |
| 1.2 | You will be required to open an account with Thinkific to use your subscription. |
| 2 | The technology that We will be responsible for providing |
| 2.1 | To receive or participate in any Physio or Pilates instruction via Thinkific, You will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for use of the Thinkific facility or to join that session: You will only need to pay for the Instruction made available by Your Subscription. |
| 2.2 | We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Thinkific. |
| 3 | The technology and other items that You will be responsible for providing |
| 3.1 | It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Instruction via Thinkific. |
| 3.2 | You will need have access to and use the following non-exhaustive list of facilities for this purpose: |
| 3.2.1 | an appropriate functioning Device which is adequately charged; |
| 3.2.2 | stable, reliable, internet access with adequate speed; |
| 3.2.3 | a safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise; |
| 3.2.4 | suitable exercise clothing; and |
| 3.2.5 | a yoga/pilates mat and, as advised by PhysioPilates before You place Your order for a Subscription, any other exercise equipment that You will need. |
| 3.3 | We do not make supply or make available the Thinkific platform that You use to access any Online classes. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Thinkific as the third party provider of the platform to You imposes on such download and use. |
| 3.4 | Online classes consisting of Physio or Pilates Materials is not provided via the Thinkific platform but is instead downloadable directly from Our Site. |
| 4 | Scope of what We provide |
| 4.1 | We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it. |
| 4.2 | We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable to You under clause 13.3. |
| 4.3 | We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to): |
| 4.3.1 | where You are unable to resolve any technology problem (whether or not You have asked PhysioPilates for or We have offered any suggestions as to how to resolve the problem); or |
| 4.3.2 | any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or |
| 4.3.3 | failure of or defect in the Thinkific platform used by PhysioPilates or You to make Instruction available to You; or |
| 4.3.4 | Your inability to access Instruction due to failure of or defects in Our Site etc. |
| 5 | Account setup needed |
| 5.1 | In order to purchase any Subscription and receive any Instruction, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup. |
| 5.2 | You may not create an Account if You are under 18 years of age. |
| 5.3 | We only offer Online classes for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK. |
| 5.4 | During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account. |
| 5.5 | You may be asked for additional information regarding Your Account, such as Your e-mail address. |
| 5.6 | You will also be required to complete a health questionnaire. |
| 6 | Your responsibility for Your Account and its security |
| 6.1 | You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact PhysioPilates immediately. We will not be liable for any unauthorised use of Your Account. |
| 6.2 | You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account. |
| 6.3 | You must never use anyone else’s Account without prior authorization from PhysioPilates for the specific occasion in question. |
| 6.4 | When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date. |
| 6.5 | If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription. |
| 7 | Your privacy and security on each occasion when You access Instruction |
| 7.1 | Either:- |
| 7.1.1 | the Instruction that You purchase will be accessible only to You as an individual private lesson; or |
| 7.1.2 | Where any Instruction that You access is two way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session. |
| 7.2 | Therefore, unless We specify that a particular two way session is only accessible to You, the following will apply to such a session: |
| 7.2.1 | when You sign in to Thinkific, You should indicate Your first name only since Your name will be visible to Our other customers taking part; |
| 7.2.2 | You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Thinkific platform and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session; |
| 7.2.3 | the space You use should be free of others and it should be difficult to see or hear via the Thinkific platform and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones; |
| 7.2.4 | there are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information; |
| 7.2.5 | We cannot ensure privacy or confidentiality due to the nature of two way sessions involving customers in addition to You; and |
| 7.2.6 | in any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space. |
| 7.3 | We will not be liable for any loss or damage arising from Your failure to comply with the above requirements. |
| 8 | Fitness, Health and Safety |
| 8.1 | You acknowledge and agree that: |
| 8.1.1 | an exercise session (“event”) may be physically strenuous; |
| 8.1.2 | certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition; |
| 8.1.3 | due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident; |
| 8.1.4 | the teacher at each event will be appropriately qualified as a Pilates teacher and will be competent to conduct the event; |
| 8.1.5 | any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional; |
| 8.1.6 | You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You; |
| 8.1.7 | when You setup an Account, and also when You purchase any Subscription, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase. |
| 8.2 | You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing. |
| 8.3 | If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event. |