This web site is owned and operated by The Physio and Pilates Centre Limited. If you have any suggestions or comments or if you need to contact us, please email us using the link on the home page or use the details below.
Our Contact details:
Physio Pilates Limited
Phone: 01625 524038
Company number: 4212708
Agreement on purchase of a Pilates course
Please read the agreement carefully. Purchase of a course is your acceptance to the Agreement.
In the agreement, “we” means The Physio and Pilates Centre Ltd (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer (and “your” will be construed accordingly).
Our website offers a range Pilates courses. The courses are suitable for a range of abilities as described in the class information. Each class lasts for the time specified on the website ( 45minutes, 1 hour etc) and courses are run in blocks of 5, 6 or 7 weeks. and vary in length from a few minutes to an hour.
(4) Booking process
The advertising of course on our website constitutes an “invitation to treat”; and your order for a course constitutes a contractual offer. The agreement will not come into force between you and us, unless and until we accept your booking in accordance with the procedure detailed below.
In order to enter into an agreement, you will need to take the following steps: (i) you must purchase a course online by clicking the payment button; (ii) you must provide your payment details and thus your consent to the agreement; (iii) you will be transferred to the sagepay section of our website, and sagepay will handle your payment; (v) we will send you an email confirming your payment and place on the course. Courses can also be booked by post with a cheque using our paper booking form, please ask for details.( at which point, in each case, this agreement will come into force).
If you do not enter your email address at all or enter it incorrectly you will not receive the email.
A health questionnaire needs to be downloaded and filled in with your details as part of the agreement and consent to do the Pilates course
These terms and conditions are provided in the English language only.
No refunds will be made if the course is cancelled after that 7 day period and the payment cannot be transferred to future course .
If you miss a class you can make up that class by attending another class within the same block . A maximum of 2 classes in any block can be substituted this way. Make up classes are subject to a space being available and cannot be guaranteed. Missed or unattended classes, for whatever reason, cannot be carried over into any subsequent course.
(5) Limited warranties
We warrant that the service will be provided with reasonable care and skill.
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 agreement;
© the information provided in your order is accurate and complete; and
(7) Acceptable use
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.
(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).
(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
PhysioPilates 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 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 book your place in a class, and you acknowledge that, even if you are a consumer, you will have no right to cancel your order once the confirmation has been received by you.
(14) Limitation of warranties
WE PROVIDE PILATES CLASSES WITHIN A COURSE . WHILST OUR CLASSES 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 CLASS YOU ATTEND WILL BE SUITABLE FOR YOUR CIRCUMSTANCES.
IF YOU HAVE ANY DOUBTS ABOUT YOUR ABILITY TO DO PILATES , YOU SHOULD SEEK MEDICAL ADVICE FROM AN APPROPRIATELY QUALIFIED HEALTH PRACTITIONER.
THE AGREEMENT SETS OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE CLASSES SUPPLIED HEREUNDER
If you cancel a course 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. No refunds will be made if the course is cancelled less than 7 days before the commencement of the course.
We may terminate the booking immediately by written notice to you if you fail to pay, on time and in full, any amount due to use under the agreement, or if you commit any breach of your obligations to us under the agreement. Upon the termination of the agreement:
(a) we will cease to have any obligation to make available a place on a course at the date of termination
(b) subject to Section 13, you will not be entitled to any refund.
© all the provisions of the 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 agreement, those obligations will be suspended for the duration of the force majeure event.
(18) Limitations of liability
NOTHING IN THE 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 COURSE IS STRICTLY LIMITED TO THE PURCHASE PRICE OF THE RELEVANT COURSE;
© 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 AGREEMENT. THIS WILL NOT OF COURSE EXCLUDE THE LIABILITY OF PHYSIOPILATES LTD FOR THE ACTS AND OMISSIONS OF ITS DIRECTORS AND EMPLOYEES.
(19) General terms
The agreement may only be varied by an instrument in writing signed by both you and us. We may revise the 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 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 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 agreement.
You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the 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 agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the agreement.
The limitations of warranties and liability in this agreement protect all our third party suppliers. Subject to this, the 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 agreement is not subject to the consent of any person who is not a party to the agreement.
The 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 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).