Terms & Conditions
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE STARTING TO USE THIS WEBSITE. WE RECOMMEND YOU PRINT A COPY FOR FUTURE REFERENCE.
By using our website you are confirming that you accept these terms and that you agree to comply with them. If you do not agree to these terms and conditions of use, you must not use this website.
1.1 Copyright © 2019; This copyright notice applies to the website:
1.2 Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material. This applies to both free and paid for content
1.3 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act and under the law of a country other than UK.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:
(a) Our, ourselves, us, we, refer to PilatesPhysioPlanet who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(b) Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(c) You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents;
(d) licence means these terms and conditions for use of this website and its contents;
(e) one gender includes each other gender;
(f) the single includes the plural and the plural includes the singular;
(g) Forum means a platform where members are able to communicate together be it on the website or other 3rd party platforms eg Facebook; you tube, Instagram, twitter.
(h) Registration means registration to use the website
(i) Website means collectively the website PilatesPhysioPlanet.com, products and/or services offered or provided by or in the websites.
(j) Affiliates means any of our associated entities
- Scope of Licence
3.1 By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sublicensible licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website.
3.2 You may not use any eBook’s or videos on more than one computer system or device concurrently
3.3 Full-scale reproduction of ebook contents is expressly prohibited.
- Use of Website
4.1 These terms and conditions govern your right to use the Website and your access to and use of the classes and/or any products or services acquired in relation to the Website and/or any links provided on the Website to other websites.
4.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the classes and/or any Forum.
4.3 You agree that if you download any content from pilatesphysioplanet.com you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
4.4 You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time
4.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in UK and when accessed in another jurisdiction the laws of that jurisdiction and UK law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for UK.
4.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
4.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
4.8 We recommend that you choose a strong password for your account. You must not share your account or account details with anyone else. If you believe your account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your account.
4.9 You must not use anyone else’s account.
4.10 You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. You must not misuse our website by knowingly introducing computer viruses, other malicious code or harmful components. You must not attempt to gain unauthorised access to our website. You must not attack our site via a denial-of–service attack or a distributed denial-of-service attack. By breaching this clause 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 website will cease immediately and you will indemnify us for any breach, which means that you will be responsible for any loss or damage we suffer as a result of you not complying with this clause.
- Your Agreement
5.1 In accessing the Website, including any and all webpages, and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
6.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the Website or registering for access to the Program or any of the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
6.2 Without limitation, the Website is available only to individuals that can form legally binding contracts, under UK law.
6.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
- Website Membership
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Website, for the Program and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
8.1 You may cancel your registration (please note a refund will not be issued when cancelling) to the Website via ‘my account’ section of the website. Requests to cancel via email to PilatesPhysioPlanet will not be done.
8.2 We can terminate your licence to use the Website, registration in our sole discretion if we believe you have breached any one of the Terms and Conditions of this licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Website and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions of this licence.
9.1 In purchasing any product or services from the Website (“the Purchase”) you agree to:
(a) pay using a valid payment method that we allow including but not limited to PayPal
(b) provide us with current and complete information we may require including but not limited to full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and
(d) all costs are in British Pound Sterling unless otherwise indicated.
9.2 Subscription charges begin from the time you input your payment details, and will be renewed automatically unless you cancel your subscription. When completing the subscription process, you agree that the paid content will be available immediately, and that you will lose your statutory right to cancel your contract with PilatesPhysioPlanet as detailed below in sub-Clause 9.3.
9.3 If you are a consumer based within the European Union, you have a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. For digital content, this period, if applicable, begins once the contract between you and the trader in question is formed (as explained in sub-Clause 9.2 in this case) and ends at the end of 14 calendar days after that date. Under normal circumstances, the provision of paid content begins immediately upon our confirmation of your subscription. As set out in sub-Clause 9.2, by agreeing to this, you waive your right to the cooling-off period and are not entitled to a refund during this period.
9.4 PilatesPhysioPlanet reseves the right to change your subscription fees from time to time, either by an increase or decrease.
10.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
10.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
- Medical Disclaimer
11.1 We are not a medical organisation and we do not and cannot give or purport to give you any individualised medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance specific to you nor should it be interpreted in substitution for any specific medical advice or assistance used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the System and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services. 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 participating in a Session. If you feel any of the workouts in this section are not suitable for you then you must not perform them.
11.2 If you experience any exacerbation of pain or discomfort during any of the exercises you must stop the workout.
11.3 If you have had surgery of any kind you must get written and signed permission from your surgeon before starting any of our workouts.
11.4 You acknowledge that the classes may be physically strenuous and you agree that you voluntarily participate in a class with full knowledge that there is an inherent risk of personal injury or illness arising from your participation in any exercise program.
- Limitation of Liability
12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
- Our rights to modify services
13.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website and/or the Terms and Conditions, as we see fit.
13.2 We will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.
13.3 You agree that we may transfer, assign, license or deal with our interest in the Website, Copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment.
14.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
14.2 You are liable for all content posted by you on any Forum.
14.3 You are required to exercise due care to conform to any UK laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on any Forum or in relation to the Website or that by your actions of conduct.
14.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
15.1 We make no warranty or representation that the website will be compatible with all systems, or that it will be secure.
15.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
15.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the Content and/or Paid Content available. Where any Paid Content is made unavailable and you are entitled to a refund as a result, We will inform you of the refund due and it will be paid within 14 days using the same method originally used by you. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
15.4 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
15.5 Whilst we exercise all reasonable skill and care to ensure that the website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for our own internet security, that of your personal details and your computers.
15.6 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any content included on the Website.
15.7 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any content included on the Website.
15.8 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
15.9 We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any content from it) or any other site referred to on the Website.
15.10 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- Links To Other Websites
16.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of PilatesPhysioPlanet or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites.
17.1 You must not impersonate other people, particularly employees and representatives of PilatesPhysioPlanet or our affiliates; and
17.2 you must not use 0ur system for unauthorised mass-communication such as “spam” or “junk mail”.
17.3 You acknowledge that PilatesPhysioPlanet reserves the right to monitor any and all communications made to us or using our system.
17.4 You acknowledge that PilatesPhysioPlanet may retain copies of any and all communications made to us or using our system.
17.5 You acknowledge that any information you send to us through our system may be modified by s in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
(a) Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.