- (1) Introduction
Please read the workout agreement carefully. You will be asked to expressly agree to the Workout Agreement before you place an order for workouts on our website.
- (2) Interpretation
In the workout agreement, “we” means PL Pilates (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for workout downloads (and “your” will be construed accordingly).
- (3) Workouts
Our website offers a range of workouts as downloads. The workouts may include those suitable for a range of abilities and vary in length from a few minutes to an hour. In the future we may change and extend the nature of the workout content.
- (4) Order process including Subscriptions
The advertising of workouts on our website constitutes an “invitation to treat”; and your order for workouts constitutes a contractual offer. The workout download agreement will not come into force between you and us, unless and until we accept your order in accordance with the procedure detailed below.
In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 4, and “subscriber” means a person who has such a right by virtue of this Section 4.
Access to certain areas of our website may be restricted to subscribers. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
In order to enter into a workout agreement, you will need to take the following steps: (i) you must add any workouts you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you must provide your invoicing details, confirm your order and give your consent to the agreement; (iii) you will be transferred to the Paypal Pro section of our website, and Paypal will handle your payment; (v) we will send you an email containing a link to your workout download, or send you an email containing a copy of your workout download, or send you an email confirming that the workout agreement has come into force (at which point, in each case, this workout download agreement will come into force).
Before you place your order, you will have the opportunity of identifying whether you have made any input errors. You may correct those input errors before placing your order using the website interface.
The only language in which we provide the workout download agreement is English.
The charges will be as set out on our website from time to time. All charges stated on the website are stated inclusive of VAT (where applicable).
If you subscribe to our regular workout downloads you must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.
We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.
We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential.
During the period of your subscription, you will be able to access, using the login and password details that we provide to you, The Workouts section of the website.
- (5) Limited warranties
We warrant to subscribers that the subscription service will be provided with reasonable care and skill, that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.
We do not warrant the completeness or accuracy of the information published on this website.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
- (6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to the workout agreement;
© the information provided in your order is accurate and complete; and
(d) you have or have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the workouts that you purchase.
- (7) Licence to use workouts
In this Section, “workouts” means the workout downloads that you purchase from our website.
Subject to your payment of the applicable price and compliance with the terms of the workout download agreement, we grant to you a worldwide non-exclusive non-transferable licence to make any Permitted Use of any Workout; providing that you must not in any circumstances make any Prohibited Use of any Workout.
The “Permitted Uses” are:
(a) downloading a copy of each Workout purchased;
(b) storing, listening to and copying to other audio devices an unlimited number of copies of each Workout on a single desktop, notebook, other computer, or music player;
The “Prohibited Uses” are:
(a) the sale, licensing, sublicensing, renting, leasing or commercial distribution of any Workout;
(b) the publishing of any Workout;
© the use of any Workout in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(d) the use of any Workout to compete with us, whether directly or indirectly.
All rights in the workouts agreement not expressly granted in the workouts agreement are hereby reserved.
If you breach any of the terms of the workout agreement, then the licence set out in this Section 7 will be automatically terminated upon such breach (whether or not we notify you of termination).
- (8) Acceptable use
Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not 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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
- (9) Indemnity
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
© permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website;
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).
We may also cancel subscriptions on 30 days written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).
- (11) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- (12) Trade marks
PL Pilates and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, 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.
- (13) Consumer rights
Nothing in the workout download agreement affects any statutory rights you may have as a consumer.
Under the Distance Selling Regulations, consumers usually have a “cooling off” period within which they have a right to cancel contracts for goods or services entered into via the internet. However, as soon as you pay for your order, we will automatically provide you with a link to your Workout download, and you acknowledge that, even if you are a consumer, you will have no right to cancel your order once the Workouts are available for download (save in accordance with the provisions of our money-back guarantee).
- (14) Limitation of warranties
WE SUPPLY WORKOUT DOWNLOADS AND OTHER DOWNLOADS. WHILST OUR WORKOUTS ARE DESIGNED TO COVER A RANGE OF SITUATIONS, THEY CANNOT BE EXPECTED TO BE SUITABLE FOR ALL SITUATIONS. ACCORDINGLY, WE DO NOT GIVE ANY WARRANTIES OR GUARANTEES THAT ANY WORKOUT YOU USE WILL BE SUITABLE FOR YOUR CIRCUMSTANCES.
IF YOU HAVE ANY DOUBTS ABOUT THE CORRECT USE OF THE WORKOUTS, YOU SHOULD SEEK MEDICAL ADVICE FROM AN APPROPRIATELY QUALIFIED HEALTH PRACTITIONER.
THE WORKOUT AGREEMENT SETS OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE WORKOUT SUPPLIED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THE FIRST PARAGRAPH OF SECTION 19, ALL CONDITIONS, WARRANTIES AND OTHER TERMS CONCERNING THE WORKOUT THAT MIGHT OTHERWISE BE IMPLIED INTO THE WORKOUT AGREEMENT ARE EXPRESSLY EXCLUDED.
- (15) Refunds
If you cancel a workout agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your valid notice of cancellation.
- (16) Severability
We may terminate the workout agreement immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the workout agreement, or if you commit any breach of your obligations to us under the workout agreement. Upon the termination of the workout agreement:
(a) we will cease to have any obligation to make available or deliver workouts which are undelivered at the date of termination
(b) subject to Section 13, you will not be entitled to any refund and will continue to have an obligation to pay for workouts; and
© all the provisions of the workout agreement (including without limitation the licence in Section 7) will cease to have effect, except that Sections 16, 18 and 19 will survive termination and have effect indefinitely.
- (17) Force majeure
In this Section and Section 18 below, “force majeure event” means:
(a) any event which is beyond our reasonable control;
(b) hacker attacks, or virus or other malicious software attacks or infections;
© problems with the internet, part of the internet, or any third party internet service provider; and/or
(d) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under the workout agreement, those obligations will be suspended for the duration of the force majeure event.
- (18) Limitations of liability
NOTHING IN THE WORKOUT AGREEMENT WILL LIMIT OR EXCLUDE YOUR OR OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL TO LIMIT OR EXCLUDE, OR TO ATTEMPT TO LIMIT OR EXCLUDE, LIABILITY. SUBJECT TO THIS:
(A) WE WILL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF A FORCE MAJEURE EVENT;
(B) OUR LIABILITY IN CONNECTION WITH ANY WORKOUT IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE RELEVANT WORKOUT;
© WE WILL NOT BE LIABLE FOR ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA OR WASTE OF MANAGEMENT OR OFFICE TIME, OR LOSS OF GOODWILL OR REPUTATIONAL DAMAGE.
YOU ACCEPT THAT WE ARE A LIMITED LIABILITY ENTITY AND WE HAVE A LEGITIMATE INTEREST IN LIMITING THE PERSONAL LIABILITY OF OUR DIRECTORS AND EMPLOYEES. HAVING REGARD TO THAT INTEREST, YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST INDIVIDUAL DIRECTORS OR EMPLOYEES IN RESPECT OF ANY LOSSES THAT YOU MAY SUFFER IN CONNECTION WITH THE WORKOUT OR THE WORKOUT AGREEMENT. THIS WILL NOT OF COURSE EXCLUDE THE LIABILITY OF PHYSIOPILATESONLINE LTD FOR THE ACTS AND OMISSIONS OF ITS DIRECTORS AND EMPLOYEES.
- (19) General terms
The workout agreement may only be varied by an instrument in writing signed by both you and us. We may revise the workout agreement published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of the workout agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of the workout agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the workout agreement.
You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the workout agreement. Any attempt by you to do so will be null and void. We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the workout agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the workout agreement.
The limitations of warranties and liability in this workout agreement protect all our third party suppliers. Subject to this, the workout agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the workout agreement is not subject to the consent of any person who is not a party to the workout agreement.
The workout agreement will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to the workout agreement (providing that we may bring proceedings to enforce our contractual or intellectual property rights in any jurisdiction in which you are resident, established or operating).