Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our website. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms) and Kalipilates.co.uk the operator and owner of this Website

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal use, you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(g) do anything that interferes with the normal use of our website.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 You may register for a membership account with our website by completing and submitting the account registration form on our website. We will ask that you provide certain personal information including but not limited to full name, email address and payment details.

5.2 All personal information you provide to us will be handled in accordance with our Privacy and Data Protection Policy. We may use the information you have provided to us to contact you and you agree that all personal information that you supply to us will be accurate, complete and kept up to date

5.3 On registration you will be issued with a user name and password or asked to choose a password. You must keep this password confidential.

5.4 You must not allow any other person to use your account to access the website. Logins must not be shared.

5.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

5.6 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

5.7 If we have reason to believe that there is a likely misuse or breach of password confidentiality of the Website then we may require you to change your password or suspend your account.

6. Memberships

6.1 This membership agreement starts once you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable weekly, monthly or yearly membership amount. These are subject to any promotional rate that may be payable for a limited period only.

6.2 Your membership may begin with a 7 day free access period and will automatically renew for a subsequent subscription period unless you or we cancel it in accordance with this agreement

6.3 The 7 day free access period is an introductory offer and may only be used once.

6.4 You can find details of your membership with us at any time including the renewal date and price for your subscription by signing in to your Kalipilates.co.uk account and and clicking on ‘My Account’

6.5 Kalipilates.co.uk subscriptions provide members unlimited access to content of the website

6.6 All Kalipilates subscriptions are based on a 48 week year. Kalipilates.co.uk will endeavour to give a minimum of 2 weeks advanced notice of any closures. Kalipilates may offer an alternative timetable during these 4 weeks of closure but is not at liberty to do so.

6.7 An alternative timetable may be offered on all Bank Holidays and a two week period over Christmas and for up to a further 2 weeks during the year.

6.8 Kalipilates.co.uk accepts no liability for any disruption or non-availability of the website.

6.9 Kalipilates.co.uk reserves the right to suspend, discontinue or alter the whole of or any part of the Website including but not limited to any services available. These terms and conditions shall continue to apply to any modified version of the Website unless stated otherwise.

7. Cancellations

7.1 Subscriptions can be cancelled at any time by the member, or Kalipilates.co.uk if deemed appropriate. Once cancelled memberships will be terminated immediately and billing will cease on the following weekly/monthly/annual membership cycle. Please cancel your membership 7 days prior to the next payment date.

8. Refunds

8.1 Unfortunately we are not able to offer refunds for unused weekly or monthly membership periods. For annual memberships we are not able to offer refunds for the first 3 months of membership. After 3 months any unused membership will be refunded pro rata subject to an administration fee of £45.

9. Fees

9.1 The fees in respect of our website services will be as set out on the website from time to time.

9.2 Currently our prices on our website exclude VAT. If we have to charge VAT or the VAT rate changes between your order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payments.

9.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

9.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

9.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

9.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.6.

9.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

9.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

10. Report abuse

10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

10.2 You can let us know about any such material or activity by our contact us form

11. Health and fitness information

11.1 Our website contains general primary subject matter.

11.2 The primary subject matter is not advice and should not be treated as such.

11.3 The primary subject matter on our website is provided without any representations or warranties, express or implied.

11.4 Without limiting the scope of Section 12.3, we do not warrant or represent that the primary subject matter on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

11.5 You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such exercise programme uses the primary subject matter published on this website.

11.6 [If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the primary subject matter published on our website without first consulting your doctor or another suitably qualified professional. After consulting my qualified medical practitioner I will only participate in classes in the Pre and Postnatal programme

11.7 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

11.8 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

11.9 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

11.10 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

11.11 Our website includes interactive features that allow users to communicate with us.

11.12 You acknowledge that, because of the limited nature of communication through our website’s interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

11.13 Any assistance you may receive using any our website’s interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

11.14 Subject to Section 14.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website.

12. Limited warranties

12.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

12.2 We reserve the right to discontinue, suspend or alter any part or the whole of our website services including but not limited to, any products and/or services available.

12.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

13. Limitations and exclusions of liability

13.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

13.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

(a) are subject to Section 14.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 14.6 shall not apply.

13.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 14.7 shall not apply.

13.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

14. Indemnity

14.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

15. Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16. Third party websites

16.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

16.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

17. Trade marks

17.1 Our logos Kalipilates and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

17.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

18. Variation

18.1 We may revise these terms and conditions from time to time.

18.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

18.3 If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website service that were to be provided by us to you after the date of such termination.

19. Assignment

19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

20. Severability

20.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Third party rights

21.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

22. Entire agreement

22.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

23. Law and jurisdiction

23.1 These terms and conditions shall be governed by and construed in accordance with English law.

23.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of England.

24. Statutory and regulatory disclosures

24.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

24.2 These terms and conditions are available in the English language only.

25. Our details

25.1 This website is owned and operated by Kalipilates.co.uk

25.2 We are registered in England and Wales under registration number [number], and our registered office is at 3 Bridleway, Billericay, Essex CM11 1DP

25.3 Our principal place of business is at 3 Bridleway, Billericay, Essex, CM11 1DP.

25.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

Terms and conditions of use

Join Kali Pilates for £20 per month