1.1 We are Appletree Pilates Online. Our contact information is at the end of this document.
2. Some definitions
2.1 Here are some definitions which are used in this document (all capitalised):
a) “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
b) “Content” - all information of whatever kind (including video, audio, posts, comments, blogs, chat, images, photos, advertisements, messages, Reviews etc.), uploaded to our Service (including messages sent via our Service).
c) “Reviews” – reviews or ratings
d) “Service” – our website, the services we offer by means of our website and any related software and services.
e) “User” - persons or organisations using our Service (whether or not registered with us) including Advertisers.
3. What this is all about – introduction to our terms and conditions
3.1 These are our terms and conditions which apply to our Service. We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
4. Changing our terms and conditions
4.1 We may change these terms and conditions by giving notice by email and/or by posting the new version on our website. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.
4.2 If you are a Consumer with a subscription to our Service and you don’t agree to the changes (provided that they are neither minor nor required by applicable law or regulations), you can end your subscription by giving us notice by email to our email address shown below before the effective date of the revised terms and conditions. If so, we will refund any advance payments referable to the period after your termination.
5. Medical warnings
5.1 While we believe that our Service can be beneficial in many ways, it is not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and we make no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved. Please consult your doctor if you have or think you may have a medical condition.
6. How you order - and forming a contract with us
6.1 By registering on our website, you offer to enter a legal contract with us. We accept your offer and there is a binding legal contract when we send you a confirmation email.
6.2 We reserve the right in our discretion for any reason to refuse any application to use our Service, for example if we think it may be unsuitable for you. This applies even if we have already formed a contract with you, in which case we are entitled to cancel the contract. If so, we will refund any payments received from you (relating to the period after termination if a contract has been formed).
7. Consumer right to cancel (“cooling off”)
7.1 If you are a Consumer, you have the right to cancel this contract subject to the provisions set out below.
7.2 However, you lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.
7.3 If you do have the right to cancel, please see the instructions at the end of this document.
8. Your right to use our Service
8.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
9. Who can use our Service?
9.1 You must not use, or attempt to register on, our Service if you are below 18 years of age or your main residence is outside the UK.
10. Acceptable use of our Service
10.1 You undertake not to do any of the following in connection with the Service:
a) breach any applicable law, regulation or code of conduct;
b) upload any Content (including links or references to other content), or otherwise behave in a manner, which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
c) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent;
d) impersonate any person or entity in order to mislead others;
e) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
f) use the Service for any commercial purpose;
g) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
h) do anything which may have the effect of disrupting the Service including denial of service attacks, worms, viruses, software bombs or mass mailings;
i) do anything which may negatively affect other Users’ enjoyment of the Service;
j) gain unauthorised access to any part of the Service or equipment used to provide the Service;
k) use any automated means to interact with our systems excluding public search engines; or
l) attempt, encourage or assist any of the above.
10.2 You undertake to:
a) comply with any rules or requirements on our Service;
b) promptly comply with any reasonable request or instruction by us in connection with the Service; and
c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes.
11. If you upload Content to our Service …
11.1 You are responsible for your Content.
11.2 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
11.3 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Don’t upload any Content if you are concerned that it may be misused.
11.4 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
12. Other peoples’ services / advertising / websites
12.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
13.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. You rely on such information at your own risk.
14. Your account
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
15.1 Fees and subscriptions are as specified on our Service. Payment is in advance.
15.2 The prices shown on our website include any applicable VAT unless we say otherwise.
15.3 If we have mis-priced any part of our Service, we are not obliged to supply the Service provided we notify you. If we do notify you, then you can decide if you want continue with the Service at the correct price but, if you do not, we will provide a full refund of any payments already made.
15.4 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
15.5 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
15.6 You must contact us immediately with full details if you dispute any payment.
16. Discount codes
16.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
16.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
17.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time.
18. Functioning of our Service
18.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service.
18.2 You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
19. Ending or suspending this contract
19.1 This contract automatically ends if your subscription expires without renewal.
19.2 You may at any time end this contract by closing your account in accordance with the instructions on our Service. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
19.3 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
a) we have reason to believe thatyou have breached our terms and conditions;
b) any fees due to us are unpaid / unjustifiably charged back;
c) we think that it is necessary to protect you, us or others (e.g., if we think that our Service has become unsuitable for you due to a medical condition); or
d) we are required to do so by law or appropriate authority.
If we end the contract, we will refund subscription payments relating to the period after termination.
19.4 We are entitled at any time end this contract by email notice without refund if we terminate our Service as a whole.
19.5 If either of us ends this contract:
a) Your right to use our Service and all licences are terminated.
b) Existing rights and liabilities are unaffected.
c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.
d) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
20. Liability – restrictions on our legal responsibility (IMPORTANT)
20.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.In this section, any reference to us includes our employees and agents.
20.2 Very important: We shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;
b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
c) such loss or damage is caused by you, for example by not complying with this agreement;or
d) such loss or damage relates to a business of yours.
20.3 Very important: You will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
21. Intellectual property rights (e.g. copyright)
21.1 The intellectual property rights in all material used on or in connection with our Service (including videos) are owned by us or by our partners. For your personal use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
21.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
21.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
22.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
23. Events outside our control
23.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and pandemics.
24.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
25. English law
25.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.
26. General but important stuff
26.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated above). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
27.1 If you have any complaints, please contact us via the contact details shown below.
28. Contact information
28.1 Name: Sharon Sylvester trading as “Appletree Pilates Online”
28.2 Contact email address: firstname.lastname@example.org
28.3 Other contact information: See our website.
RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel this contract (as explained above):
Right to cancel
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- To exercise the right to cancel, you must inform us Appletree Pilates Online,(email address above) (of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.