Acceptance of Terms
LAST UPDATED: May 2017
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
- We are Share Pilates (limited company – registered company number – [09832414), registered address First Floor 20 Church Street, Twickenham, TW1 3NJ and we own and operate this website (‘Site’).
Accessing our Service
- You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
- We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Customer Terms).
- We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. In particular, the Site may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Site.
- If you choose, or are provided with, a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to a third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms.
- It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
Intellectual property rights
- The intellectual property rights in the Site and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
Description of Services
- We provide a subscription service which requires a monthly payment.
- Our subscription charges may vary from time to time and you should check the Site to ensure that you are aware of the change in our charges.
- You will be able to subscribe to the Site by either:
- Making an annual subscription payment; or
- Making a monthly payment.
Both payments to be made in advance in accordance with the instructions on the Site.
- All subscription charges must be received by us in cleared funds. If we do not receive your subscription monies on their due date for payment, we may suspend the services with immediate effect.
- When you subscribe to our Site, this does not mean that we have accepted your subscription. These Customer Terms will become binding on you when we issue you with a written acceptance of your subscription to the email address specified by you, at which point a contract will exist between us.
Your Cancellation and Refund Rights
- You have (a) the legal right to cancel your contract with Share Pilates under the Consumer Protection (Distance Selling) Regulations 2000. This is called a cooling off period and begins the day after you enter into a contract and lasts for 14 days after which the trial period will expire and payment will be required.
- You can cancel your subscription at any time by going to “Your Account” and clicking “Cancel Subscription” at the bottom of the page. If you cancel your account prior to the expiry of your full pre-paid subscription (either monthly or annual) you will forfeit the fees paid for any unused portion of your subscription, which are non-refundable. You will be able to continue viewing all content until the expiration of your pre-paid subscription.
- Purchases for services may only be paid for using the payment methods we make available from time to time through our payment facility. All prices shall be shown in pounds sterling and paid in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).
Refusal of Transaction
- We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
Disclaimer of Warranties and limitation of liability
- To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
- We provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
18.1 all conditions, warranties and other terms that might otherwise be implied by law into these Customer Terms; and any and all liability to you, whether arising under these Customer Terms or otherwise in connection with your use of the Site.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Customer Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
- Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Customer Terms and you agree that you will not:
- use the Site for any fraudulent or unlawful purpose;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
- transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
- remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
- frame or mirror any part of the Site without our express prior written consent;
- create a database by systematically downloading and storing Site content;
- use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
We reserve the right to revoke these exceptions either generally or in specific instances.
- The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
- You may create a link to this Site, provided that:
21.1 the link is fair and legal and is not presented in a way that is:
21.1.1 misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
21.1.2 harmful to our reputation or the reputation of any of our affiliates;
21.2 you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;
We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.
- These Customer Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
- If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
- If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
- Where we are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, or epidemic, performance of its obligations shall be postponed for the period of time that the circumstances continue.
Rights of Third Parties
- No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of Share Pilates) under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Law and jurisdiction
- These Customer Terms will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Customer Terms.
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