Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
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.
We operate the website www.gilaarcherpilates.com
You can contact us at [email protected] or 10 Holmgate Road, Clay Cross, Chesterfield, Derbyshire, S45 9PH
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.
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.
Exercising your right to change your mind (Consumer Contracts Regulations 2013).
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.
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.
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:
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:
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.
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 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 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.
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 not:
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 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.
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.
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.
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.
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:
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
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
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.
If you have any concerns about material which appears on our site, please contact us at [email protected]
Thank you for visiting our site.