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Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms and conditions together with our privacy policy and website terms of use (see below) tell you information about us and the legal terms and conditions (the “Terms”) on which you can subscribe to our website (“our site”) from which you will have access to our services (the “Services”).

These Terms will apply to any contract between us for the subscription to our site and the purchase of Services from us (the “Contract”). Please read these Terms carefully and make sure that you understand them, before using our site.

These Terms, and any Contract between us, are only in the English language.

 

  1. INFORMATION ABOUT US 

We operate the website www.gilaarcherpilates.com

You can contact us at [email protected] or 10 Holmgate Road, Clay Cross, Chesterfield, Derbyshire, S45 9PH

 

  1. OUR PRODUCTS AND SERVICES
  • Our membership process allows you to check and amend any errors before submitting your subscription to us. Please take the time to read and check your subscription at each stage of the process.
  • When you subscribe to our site, this does not mean we have accepted your subscription. Our acceptance of your subscription will take place as described below. If we are unable to supply you with the Services, we will inform you of this and we will not process your subscription.
  • These Terms will become binding on you and us when we issue you with a written acceptance of your membership to the email address specified in your subscription at which point a contract will come into existence between you and us.
  • In the case of becoming a founding member of the membership subscription you will gain access immediately and you agree that the support provided in the membership will start on the 1st August 2020.
  • The Contract constitutes the whole agreement between you and us.
  • Any samples, drawings, descriptive matter or advertising issued by us or on our site are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
  • We may have to suspend the Services if we have to deal with technical problems, or to make improvements to our site. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If our Services are suspended due to a technical problem with our site which we do not resolve within 48 hours, we shall make appropriate refunds to you strictly relating to the period the Services were suspended.
  • Our subscription charges may vary from time to time and you should check our site to ensure that you are aware of any change in our charges. Any change will not affect previous payments made for your subscription.
  • You will be able to subscribe to our site by paying for a monthly rolling membership (in which case our monthly membership charges will be payable monthly in advance), in each case, in accordance with the instructions on our subscription page. All membership plans will renew automatically at the end of the relevant period.
  • You will be able to subscribe to our site by paying for an annual rolling membership (in which case our annual membership charges will be payable in advance), in accordance with the instructions on our subscription page. All membership plans will renew automatically at the end of the relevant period. 
  • All membership 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 until you have paid us the outstanding amounts. We will contact you to tell you this.
  • For membership subscriptions the price you pay on joining will be frozen and this price will remain the same for as long as you remain a member. 
  • If you leave the membership and then return at a later date, you will pay the price the membership is being offered at, at the time you rejoin. 
  • Charges for individual courses or programmes will be paid in full before any part of the course or programme is released to you.
  • Providing all payments are up to date, continued unlimited access is available to the products (course, programme, membership) purchased.

 

  1. USE OF OUR SITE

Your use of our site is governed by our terms of acceptable website use (see below). Please take the time to read these terms, as they include important information which applies to you.

  1. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our privacy policy. For details, please see our privacy policy.

  1. OUR RIGHT TO VARY THESE TERMS
  • We may revise these Terms from time to time including (but not limited to) in the following circumstances: (a) changes in how we accept payment from you; and (b) changes in relevant laws and regulatory requirements.
  • Every time you subscribe to our site or purchase any Services or products from us, the Terms in force at that time will apply to the Contract between you and us.
  • Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

  1. OUR RIGHTS TO MAKE CHANGES
  • We may change any product:
    1. to reflect changes in relevant laws and regulatory requirements (for example any change that prevents us supplying or providing products in the manner we had previously provided them); or
    2. to implement minor technical adjustments and improvements, for example to address a security threat.
  • We may update or require you to update digital content, provided that the digital content shall always materially match the description of that we provided to you before you bought it.

 

  1. PROVIDING THE PRODUCTS

We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as notified by us to you.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product’s availability, we will extend any online subscription to ensure that the period of actual availability matches the period for which you have purchased the subscription.

 

  1. YOUR CANCELLATION AND REFUND RIGHTS
  • You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to continue with your subscription, you can notify us of your decision to cancel the Contract and receive a refund if applicable.
  • Monthly membership subscriptions can be cancelled at anytime. Access to the membership will be continued until the end of the month that has been paid for. 
  • Annual membership can be cancelled up to 30 days from joining and a full refund will be given. 

 

Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  • For some products bought online you have a legal right to change your mind within 14 days and receive a refund.
  • For digital purchases if you want to download something within 14 days of buying it, you will have to give your consent to waive the 14-day cooling-off period. You give your consent by agreeing to these terms and conditions at time of purchase. 
  • You do not have a right to change your mind in respect of digital products after you have accessed/logged in or started to download or stream these.
  • You have 14 days after the day we email you to confirm we accept your order for a subscription of our digital content, or, until you have accessed/logged in, started downloading or streaming the content, if that is sooner than 14 days. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
  • By subscribing to the CORE monthly membership plan you agree to these terms and conditions and give your consent to waive the 14-day cooling-off period. You will be given instant access to the membership.  
  • For annual membership subscriptions you have the right to change your mind within the first 30 days and receive a full refund. 

 

  1. YOUR RIGHTS TO END THE CONTRACT

Ending the contract because of something we have done or are going to do.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided at all. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

Ending the contract where we are not at fault and there is no right to change your mind.

  • Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed.
  • A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know.
  • The contract will not end until the end of the month in which you contact us. For example, if you tell us you want to end the contract on 10th March we will continue to supply the product until 31st March. You will continue to have access until the end of the month also. You will not receive any further products or services for the next month onwards. 

 

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

To end the contract with us, please let us know by contacting us at [email protected]. Provide your name, address, details of the order and, where available, your phone number and email address.

We will refund you the relevant price, by the method you used for payment. However, we may make deductions from the price, as described in these terms.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in relation to a digital product then your refund will be made within 14 days of your telling us you have changed your mind.

 

  1. OUR RIGHTS TO END THE CONTRACT
  • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not comply with the terms for accessing and using our site (which includes these terms, our terms of use (see below) and our privacy policy).
  • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  • Excessive viewings or logins to our subscription products will be construed as fraudulent use, which will result in the immediate cancellation of access without refund. You agree to take all actions possible to protect your username and password from fraudulent use.

 

  1. IF THERE IS A PROBLEM WITH A SERVICE OR PRODUCT
  • If you have any questions or complaints about a service or product, please contact us.
  • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This 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.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, namely a membership to our Pilates site or online programme or course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • 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
  • 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 

 

  1. PRICE AND PAYMENT
  • The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
  • It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
  • We accept payment via Stripe for digital products. You must pay for the products at the point of sale and before the content is made available to you.
  • If you think an invoice is wrong please contact us promptly to let us know.
  • For membership subscriptions the price you pay on joining will be frozen and this price will remain the same for as long as you remain a member. 
  • If you leave the membership and then return at a later date, you will pay the price the membership is being offered at, at the time you rejoin. 

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
  • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  • 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
  • We are not liable for business losses. We only supply the services and products for domestic and private use. If you use the site or products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or any consequential loss not otherwise excluded above.

 

  1. EVENTS OUTSIDE OUR CONTROL
  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event outside Our Control. An Event outside Our Control is defined below in clause 8.2.
  • An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
  1. OTHER IMPORTANT TERMS
  • We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms.
  • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
  • This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
  • Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

  1. OUR LIABILITY
  • You acknowledge and confirm that you are in good mental and physical health and are unaware of any reason why you are unsuited to taking part in any of the Services or may be likely to suffer illness or injury when taking part in the Services we offer on our site.
  • If you are in any doubt whatsoever about your ability to take part in the Services we offer on our site, you should seek appropriate medical advice from a suitably qualified health professional.
  • Any information on our site should not be considered a substitute for consultation with a suitably qualified health professional.
  • You agree that it is your responsibility to judge your physical and mental capabilities for practising physical exercise, including any exercise or activity shown on this site or in our products. 
  • You will not exceed your limits in using our site or following any activity or instruction shown on it or in our products. 
  • You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition.
  • By using our site and agreeing to these Terms, you agree that you have sought the professional advice of a suitably qualified health professional and that they have agreed that you are able to undertake the Services offered on our site.
  • By subscribing to our site and our Services, it is your responsibility to ensure that the area that you exercise in is safe and that you stop exercising immediately if you notice any detrimental physical effects. You confirm that in this case, you will seek the advice of a suitably qualified health professional and will not continue to use any of our Services unless that health care professional has advised you that you are fit and able to do so.
  • We can accept no liability whatsoever in the event of injury, loss or damage you suffer as the result of undertaking the Services provided on our site.
  • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
  • We do not in any way exclude or limit our liability for any matter which cannot be excluded or limited under applicable law including: (a) fraud or fraudulent misrepresentation; (b) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (c) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and (d) defective products under the Consumer Protection Act 1987.
  • Our site is not directed to anyone under eighteen (18) years of age and by visiting and using this site you warrant and represent that you are over 18 years of age and have capacity to enter into this contract. You also agree to: (a) provide true, accurate, current and complete information about yourself when information is required or requested and (b) keep such information up to date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have done so, we reserve the right to suspend or terminate your use of the site and products at any time.
  • You may access our site and content for your information and personal use and, when you purchase a subscription product, for streaming that content (i.e. viewing a digital transmission of an audiovisual work via the Internet on your device such that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you). Accessing our subscription products for any purpose or in any manner other than streaming is expressly prohibited and constitutes a material breach of these terms entitling us to terminate our contract with you with immediate effect, including any rights of access to subscription products and services, without any reimbursement of any sums paid by you.
  • You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.  You must not allow others to use your user information or password to access any subscription products.  To do so will entitle us to terminate this contract with immediate effect without any reimbursement of any sums paid by you for any products. 

TERMS OF ACCEPTABLE WEBSITE USE

This acceptable website use policy sets out the terms between you and us under which you may access and use our website, www.gilaarcherpilates.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you are over 18, accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

PROHIBITED USES

You may use our site only for lawful purposes.  You may not use our site:

In any way that breaches any applicable local, national or international law or regulation.

In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

For the purpose of harming or attempting to harm minors in any way.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms of use.

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use.

Not to access without authority, interfere with, damage or disrupt:

any part of our site;

any equipment or network on which our site is stored;

any software used in the provision of our site; or

any equipment or network or software owned or used by any third party.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and products, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any non-subscription page(s) and content from our site for your personal 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 or our licensors.

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.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only.

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.

We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. 

In particular, if you are aware of any reason or concern that may make the content of this site unsuitable or inappropriate for you or your use (such as any medical or health condition that may impact on your ability safely to perform the exercises referred to or shown on our site) you should consult your doctor or other relevant medical practitioner before proceeding to use this site or follow any exercise shown or referred to on it. 

Nothing contained on this site should be construed as any form of recommendation, medical advice or diagnosis.

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.  Before you use any third-party website, you should review the applicable terms and policies for such website.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards, forums and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the following content standards:

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary.

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these terms of use.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

You are solely responsible for securing and backing up your content.

 

VIRUSES, HACKING AND OTHER OFFENCES

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, which 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

You may 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.

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.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our terms of use.

If you wish to link to or make any use of content on our site other than that set out above, please address your request to [email protected].

 

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice.

We will not be liable if for any reason our site is unavailable at any time or for any period. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any 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 terms of use and other applicable terms.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation chat rooms, forums and bulletin boards (interactive services).

Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Children and minors are not permitted to use our site.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

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.

CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products or content, our users' needs and our business priorities. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge (although certain content is only available by paying a subscription or fee).

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Subject to any other applicable terms, 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.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products (including digital content pursuant to a subscription) to you, which will be set out in our Terms and Condition above.

This site is not directed at business users.  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 for adults over the age of 18. 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.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for any matter which cannot be excluded or limited under applicable law.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

TRANSACTIONS CONCLUDED THROUGH OUR SITE

Contracts for the membership to our site and for the supply of our services formed through our site or as a result of visits made by you are governed by our terms and conditions (see above).

OTHER IMPORTANT TERMS APPLICABLE TO OUR TERMS AND CONDITIONS AND TERMS OF ACCEPTABLE WEBSITE USE

WAIVERS

If we fail to insist that you perform any of your obligations under our Terms or terms of website use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

COMMUNICATIONS BETWEEN US

When we refer to “in writing” in our Terms or terms of website use, this will include e-mail.

If you wish to contact us in writing, or if any clause in our Terms or terms of website use requires you to give us notice in writing, you can send this to us by e-mail to [email protected] or by post to Gila Archer Pilates, 10 Holmgate Road, Clay Cross, Chesterfield, Derbyshire, S45 9PH. We will confirm receipt of this by contacting you in writing, normally by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your subscription. 

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, our Terms or any Contract although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. Our terms of website use, our Terms, any Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate in our absolute discretion (including, without limitation, terminating your access to our site and any subscriptions or services in which case you accept that no refund or compensation will be provided to you). 

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our site and any subscriptions or services (in which case you accept that no refund or compensation will be provided to you).

Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact us at [email protected]

Thank you for visiting our site.

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