In these Terms and conditions, the following definitions apply:
1.1 “Company” means Sarah Hardy Pilates.
1.2 "Materials" means brands, trade marks and logos
1.3 “Member” means someone who has entered into a subscription with the Site.
1.4 "Products" means any products offered for sale on the Site.
1.5 “Registered User” means someone who has registered with the Site.
1.6 "Services" means any information, video content, photos, articles and services ordered and/or provided by the Company through or via the Site and all services offered as part of the membership subscription or when viewed as a Visitor. Any electronic information supplied to you by the Company will constitute part of Service not a Product and any cancellation rights will apply and be interpreted accordingly.
1.7 "Site" means the www.sarahhardypilates.com website and all other sites operated by Sarah Hardy Pilates whether through this URL or otherwise.
1.8 “Third Party Products” means products, merchandise or services offered through the Site from parties other than the Company.
1.9 "Visitor" means anyone simply browsing the Site.
CONDITIONS OF USE
This Site is owned and operated by the Company whose registered office is Lanner Vean Barns, Helston, Cornwall TR13 0RQ.
These terms and conditions include general terms and conditions for use on this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site.
Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions. Sarah Hardy Pilates’s website is designed to provide you with high quality videos of Pilates classes and associated Pilates products for sale. The Site is not intended for those below the age of 18. Please do not use this site if you are under the age of 18.
2.1 Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a Visitor or you have registered with the Site. If you do not accept the terms of this Agreement, you must discontinue use of the Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2.2 Important Liability Statement
LIABILITY: We try to make sure that all information that we post on the Site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any written articles, video programmes posted by a third party) or provided through any Service supplied by us to you.
USE OF THIS SITE GENERALLY
3.1 You may use the Site for personal and lawful use and in accordance with these terms.
3.2 You are not allowed to copy or use any material from the Site for any purpose including any commercial purpose including for selling any goods or services.
3.3 The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in the Company's Materials are owned by the Company or its third party licensors. You acknowledge and agree that all Materials on the Site are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
3.4 Subscribers (Members) of Sarah Hardy Pilates may not share, give or sell their username or password to any other person or entity. Excessive viewings or logins by any Member will be construed as fraudulent use of the Site, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
3.5 You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Sarah Hardy Pilates and/or content providers who provide content to the Site. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Site.
3.6 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of the Company or any third party.
3.7 The Company accepts no obligation to monitor the use of the Site. However, the Company reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Company will also, at its absolute discretion, fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
YOUR PERSONAL INFORMATION
5.1 You agree that your use of the site shall be at your sole risk. The site and the materials are provided ‘as is’ and without warranties of any kind, either expressed or implied, to the fullest extent of the law, Sarah Hardy Pilates, it’s officers, directors, employees and agents disclaim all warranties, expressed or implied in connection with the site and your use thereof. Sarah Hardy Pilates makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any
· errors, mistakes or inaccuracies of content
· personal injury or property damage, of any nature whatsoever resulting from your access to and use of the site
· any unauthorized access to or use of Sarah Hardy Pilates servers and/or any or all personal information stored therein
· any interruption or cessation of transmission to or from the website
· any bugs, viruses, Trojan horses or the like which may be transmitted to or through the site by any third party
· Any errors or omissions in any content posted, emailed, transmitted or otherwise made available via the site.
5.2 Third Party Articles: Articles on this site may be submitted by third parties and the Company is not able to confirm the accuracy or completeness of such content and is not liable for such articles.
5.3 The Site includes links to external sites, e-mails and co-branded pages. The Company has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. The Company is not responsible for the content of these site and pages or for anything provided by them.
5.4 Subject to the important liability statement, the Company is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
SUSPENSION AND TERMINATION OF SERVICE
6.1 the Company may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
6.2 the Company may terminate the Service immediately in the event you breach any of these terms and conditions or if you do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
7.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfillment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
7.2 From time to time, the Site may accept pre-orders for Services and/or Products that are not currently available but which are intended to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulfillment partners) have confirmed to you by email that the Services are ready to start or the Products are ready to be dispatched (as the case may be). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Where you submit a pre-order, we do not charge your debit/credit card the full amount until the Services are ready to start or the Products are ready to be dispatched (as the case may be), but we do charge a nominal amount (typically, 10 pence) at the pre-order stage (just to ensure that your debit/credit details are correct) which we will then deduct from the balance to be automatically charged to the same debit/credit card when your order is ready to be fulfilled.
SUBSCRIPTION (MEMBERSHIP) SERVICES
8.1 The Services are offered on a subscription basis. Subscription to such Services (Membership) may be available for varying commitment periods (e.g. 1 month or 1 year) and you pay an up-front fee for such periods. Payment for the Services will be made via the Site in accordance with the procedure and pricing explained on the Site.
8.2 Subscription (Membership) fees are non-refundable.
8.3 Following a 14 day free trial which is offered to first time members, membership fees are charged in advance for the payment period chosen (monthly or annually). Further payment will be taken at the start of each new period unless cancelled in which case your membership extends to the end of the period already paid for. You can cancel your membership at any time after which no further payments will be taken.
THIRD PART PRODUCTS
9.1 Third Party Products: You may order products, merchandise or services through the Site from parties other than the Company ("Third Party Products"). All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between you and the party supplying the Third Party Products. The Company provides no warranties or representations whatsoever with regard to any Third Party Product. The Company will not be considered or be construed as a party to such transactions, regardless as to whether the Company may have received some form of revenue or other remuneration in connection with such transactions. The Company will not be liable for any costs or damages arising out of, either directly or indirectly, you or any third party involved or related to the transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of your purchase together with details of your statutory rights.
STATUTORY RIGHTS AND REFUNDS
10.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
11.1 The Company may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these terms and conditions without losing them. You agree that the Company may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
11.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
11.3 This Site and the Company are located in England and in case of any International orders, subscriptions or contracts, this Agreement shall be construed as being performed in England.
11.4 If you have any enquiries or complaints (about the Service or someone else's use of the Site) then please address them to: Sarah Hardy Pilates, Lanner Vean Barns, Helston, Cornwall TR13 0RQ
Nothing contained on this Site, and no service supplied through or in connection with this Site, constitutes medical advice. It is your responsibility to obtain your own medical advice as to the suitability for you of any exercise regimes and other services recommended or offered on or through this Site.