TERMS & CONDITIONS

TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website www.specialistpilatesonline.com (our site) along with the terms and conditions on which we supply digital subscription based content (Services) for you to participate remotely. The terms contain provisions dealing with access to, and use of, our site. These include information about the website owner, rights to modify or withdraw the website, disclaimers for material published on it or linked to from it, rules about how such materials may be used and about unacceptable user behaviour.

Please read these terms carefully before you subscribe. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

Who we are and how to contact us

www.specialistpilatesonline.com is a site operated by Ribbon Health Limited ("We"). We are registered in England and Wales under company number 11808427 and have our registered office at First Floor Suite, 2 Hillside Business Park, Bury St Edmunds, Suffolk, United Kingdom, IP32 7EA. Our main trading address is First Floor suite, 2 Hillside Business Park, Bury St Edmunds, Suffolk, IP32 7EA.

We are a limited company.

To contact us, please email info@ribbonhealth.co.uk.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you subscribed to the Services.

"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

By using our site you accept these terms

By using our site without a subscription, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

By subscribing to our Services you agree to enter into a binding contract in accordance with these terms. We will try to process your subscription promptly, but we do not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have emailed you to confirm we have successfully verified your details, at which point we will provide you with access to the Services and your subscription period will begin. We reserve the right to reject any offer in our discretion, for any or no reason.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy [LINK TO PRIVACY POLICY]. See further under How we may use your personal information.

Our Cookie Policy [LINK TO COOKIE POLICY], which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

If you are a paid subscriber you will be given not less than 28 days written notice of any changes.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities.

We may suspend or withdraw our site

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Transfer of this agreement

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

Subscriptions

We provide our users subscription based digital content. To benefit fully from our services you will need to create an account and become a paid subscriber, as the majority of our services are not made available to general users. To do so you must be over 18 and have the power to enter into a legally binding contract with us. By registering to become a subscriber, you agree that you have given us accurate registration details, including payment information and will ensure that we always have up to date contact information.

Your subscription will start immediately upon issue of the confirmation email referred to below. The cost of your subscription will be made clear to you on our sign-up page and may vary from time to time. Your confirmation email will also contain a summary of the key terms of your subscription. You agree to pay the fees at the rates and times notified to you at the time you purchase the subscription.

Your subscription will automatically renew for the same period (e.g. weekly/monthly/annually). Upon renewal, we will charge the current subscription price using the same card or other payment method that you previously used.

If you default on any payment, we may:

i.   terminate your subscription with immediate effect;

ii.   charge you for any outstanding amount remaining on the unexpired portion of your minimum subscription term;

 

iii.   send your details to third party debt collectors; and/or

 

iv.   take any action which is necessary in our opinion to recover our losses.

If your subscription has been terminated and you would like to re-subscribe, we have the right to require payment in full of any outstanding amount owed to us.

You must keep your account details safe

If you choose, or you are provided with, a user identification, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The payment of your subscription fee grants you a temporary licence to use the content on our website for the duration of your subscription.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal non-commercial use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Cancellation

You can cancel your subscription at any time via your profile by clicking on “cancel subscription. Cancellation will take place with immediate effect and you will not be entitled to a refund when you cancel part way through a billing period. The Services will cease immediately on cancellation.

For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are contained in the Consumer Contracts Regulations 2013. We provide digital content to you for streaming and these services are available to you immediately on us accepting your request for a subscription. As a result, you will have no statutory right to cancel your contract with us after formation if you change your mind.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU (LIMITATION OF LIABILITY)

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

You acknowledge that participation in our online content may be physically strenuous and you agree that you voluntarily participate with full knowledge that there is an inherent risk of personal injury or illness arising from your participation in any exercise program. It is your responsibility to ensure you are fit and well enough to participate with our online content and you agree that you will at all times be responsible for your own health and wellbeing.

You must not participate if you are under the influence of alcohol or non-prescription drugs.

If you are pregnant you must not participate in any of our general classes and must seek advice from your midwife or consultant prior to participating in any of our antenatal based classes.

You must follow any safety warnings or instructions displayed or given to you by us.

We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor before participating.

In the absence of any negligence or other breach of duty by us, participation is entirely at your risk. 

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

Your legal rights if there is a problem

We are under a legal duty to ensure the Services conform with this contract. The information below is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you're entitled to a repair or a replacement.

c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy [LINK TO PRIVACY POLICY].

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Force Majeure

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet).

Rules about linking to our site

You may without our consent link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. If you wish to provide links to any other areas of our site you must obtain our express written consent.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Third party rights

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Severance of terms

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Enforcement

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

© 2020 By Specialist Pilates Online, a Ribbon Health LTD service.

contact: info@ribbonhealth.co.uk