TERMS AND CONDITIONS

Thank you for your interest in becoming a member of the Pilates 34 Tribe (P34T). The services provided for members of P34T (“Services”) consist of an online Facebook community and a website with video content to teach the Original 34 Pilates repertoire. There is also the option to access 1-2-1 private online sessions using Zoom (or another similar video service).

These services are provided by Lucy-Pilates under the branding Pilates 34 Tribe.

These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply whether you are a user that registers as a member with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.

By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Medical Disclaimer. Please read these Terms carefully before you start to use our Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.

  1. GENERAL
    1. These Terms were created on 8th June 2020.
    2. The Services are provided by Lucy Khan, trading as Lucy-Pilates and Pilates 34 Tribe (“us“, “we“, “our” or “Lucy-Pilates“). 
    3. You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
    4. The Services are available world-wide over the internet but the availability of the 1-2-1 Zoom sessions will be restricted to those appointments that have been set out as ‘available’ in the calendar on the website and are based on UK time zone. If, due to personal circumstances, you are permanently unable to attend a zoom session in the times that are made available by Lucy-Pilates, then you will be offered the opportunity to change to a Tribe membership for your ongoing membership and will be refunded the difference for the month in question. 
    5. You must take your zoom session within the month following the renewal of your subscription. You cannot roll the sessions over to the next month and they are non-refundable. If this is an ongoing issue, please refer to the 4 above, where you can take the option to change your membership level ongoing.
    6. Availability of zoom sessions is as per the calendar facility on the website. Once you have chosen your preferred date(s) and time(s), please use the contact form to request to book. You will receive confirmation by email within 24 hours.
    7. You must give at least 48 hours notice (2 days) if you want to cancel or alter your zoom session appointment. You will be able to reschedule within the subscription period left, to another available appointment. There may be the opportunity of scheduling your appointment outside of the available appointments but this is not guaranteed nor promised. Please do ask though. 
    8. Lucy-Pilates reserves the right to decline a late cancellation if you inform us of your wish to amend/cancel with less than 48 hours notice. In this instance, you will not be able to amend your zoom session or carry it over to another month so you may lose that session.
    9. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (https://lucy-pilates.co.uk, the “Site“) with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
  2. THE SERVICES
    1. In order to view the Pilates 34 Tribe content on the website, and to be given access to the closed Facebook group, Pilates 34 Tribe, you will need to sign up for an account, on the website. This will require you to complete the following personal information (full name and date of birth), together with completing a Medical Questionnaire, agreeing to the Disclaimer and purchasing a subscription to either Tribe or TribePlus.
    2. If you wish to upgrade your membership from Tribe to TribePlus, you can do this at anytime by sending an email to support@lucy-pilates.co.uk with your request. This will then be implemented when the end of the current month’s membership finishes, and you will automatically renew at the new TribePlus rate thereafter.
    3. Equally, you can downgrade from TribePlus to a Tribe member at any time, by emailing support@lucy-pilates.co.uk to request the change. This will also be implemented at the end of the TribePlus month and you will automatically renew at the new Tribe rate thereafter. The zoom session that is included in your TribePlus monthly membership will need to have been taken before the downgrade or it will become invalid.
  3. RIGHTS WE GRANT YOU
    1. The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of Lucy-Pilates and/or third party licensors.
    2. We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
    3. You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
    4. If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence at any time (and without notice).
  4. YOUR USE OF OUR SERVICES
    1. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
    2. You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
    3. You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
    4. You agree that you will comply with any applicable third party terms of agreement when using the Services.
    5. You agree that you will not:
      1. impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes
      2. use the Services for any commercial or business purpose or the benefit of any third party;
      3. sell, transfer or try to sell or transfer an account with us or any part of an account;
      4. contravene any regulations or requirements of any network connected to our Services;
      5. disrupt or interfere with our Services or networks or servers that provide our Service;
      6. use virtual private networks, false email addresses or any other means to mask your identity;
      7. attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
      8. disable or modify any copy protection technology used on our Services;
      9. not to alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services;
      10. collect, harvest or ‘scrape’ any data from any web pages contained in our Site;
      11. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
      12. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
      13. do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation;
      14. interfere with another user’s use and enjoyment of the Site or the Services; or
      15. use our Services in any other way not permitted by these Terms.
    6. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
  5. COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN
    1. Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
    2. If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:
      1. a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
      2. a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;
      3. a description of the copyright works that you claim have been infringed;
      4. your full name, address and telephone number and a valid email address on which you can be contacted;
      5. a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
    3. Please send the notice containing the above information by email to lucy.khan@live.com.
    4. Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.
    5. We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.
  6. MEDICAL DISCLAIMER
    1. As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in live or video-on-demand classes, activities and any other products and/or services which are provided by Lucy-Pilates for the Pilates 34 Tribe. You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that the Sessions together with any health, fitness and nutritional information that may be provided by third parties and we take no responsibility for such content. 
    2. You acknowledge that some of the exercises or classes may be physically demanding and you understand that it is your responsibility to consult with your doctor prior to participating to ensure that you are fit and well enough to take part and that your participation will not pose any unusual or serious risks to your health and well-being. By accessing our Services and following the instruction, you warrant and represent that you are fit and healthy to do the exercises.
    3. You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the exercises provided for the Pilates 34 Tribe. If you are between the ages of 16 and 18, you agree that your legal guardian has reviewed and agreed to the Medical Disclaimer.
    4. During the subscription process, you will be required to complete a medical questionnaire. We rely on the accuracy of this information to grant you access to the videos and so if you have any doubt at all, please ensure you have consulted a relevant healthcare professional in relation to your own personal health and ability to undertake unsupervised exercise such as that offered by Pilates 34 Tribe. You accept absolute responsibility for the accuracy of the medical questionnaire.
    5. Your medical questionnaire will be individually checked and if there is any question, raised by your answers, as to your suitability to exercise via Pilates 34 Tribe, you will be contacted by email to tell you this.
    6. In this case, your subscription may be paused whilst you seek advice from your healthcare provider. If your healthcare provider advises against exercise such as that provided by Pilates 34 Tribe, you will receive a full refund of the current monthly membership.
    7. You will be reminded to assess your own health and fitness each day you login. Should you have any doubts, please do not exercise, but seek advice from your healthcare provider before continuing to use the site.
    8. Should you decide not to seek advice from your healthcare provider, and continue to exercise using our Services, you agree that you have taken all risk upon yourself and indemnify Lucy-Pilates and Pilates 34 Tribe from any liability should you then injure or cause harm to yourself during participation.
    9. All information from the medical questionnaire shall be held on file for the duration of your membership, plus 1 year. After which, all copies shall be deleted and/or shredded from our system.
    10. It is your responsibility to inform us of any changes to your health that may affect your ability to participate in any of the Pilates34Tribe activities, both on the website and on the Facebook community.
  7. LIMITATION OF LIABILITY
    1. Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
    2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
    3. We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
    4. Any liability we do have for losses you suffer (other than those mentioned in Sections 7.1 and 7.5) is strictly limited to the purchase price of the relevant subscription and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
    5. Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
    6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
    7. We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
    8. We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
    9. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
    10. There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
    11. We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the services which has been paid-for with real money). We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Pilates 34 Tribe services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
  8. INDEMNIFICATION
    1. To the fullest extent permitted by law, you agree to indemnify and hold Pilates 34 Tribe and Lucy-Pilates harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:
      1. your breach of these Terms;
      2. any allegation that any materials that you submit to or post on our Services infringe or otherwise violate the rights of a third party; and
      3. your access or use of our Services.
  9. PILATES 34 TRIBE
    1. In order to access the website content for Pilates 34 Tribe and gain access to the closed Facebook Group, Pilates 34 Tribe, you will need to purchase a subscription or activate a free trial. The charge for the subscriptions you can purchase shall be as stated at the time you place the order, except in the case of obvious error.
    2. At times, Lucy-Pilates may operate a free 7 day period (“Free Trial Period“) for access to the website content and Facebook group. The duration of the Free Trial Period will be clearly indicated at the time of signing up.
    3. You will be able to activate your free trial period with a coupon or code which will be provided for that use. The coupon will only be valid for single use and may be time-limited. This will be clearly indicated at the time of provision.
    4. You can purchase a subscription on our Site via Stripe with Visa, MasterCard. Please note payments via Stripe are subject to Stripe’s terms and conditions which are available on request to Stripe.
      1. Via PayPal – you do not need to have a PayPal account to make a purchase with Visa or Mastercard. Please note payments via PayPal are subject to PayPals’s terms and conditions which are available on request to PayPal.
    5. Your subscription will automatically renew at the end of your subscription period until you decide to cancel. You must cancel at least 72 hours before the end of your subscription period, otherwise it will be automatically renewed for another period, which is non refundable in any circumstances.
    6. If you have a discount code, you must enter this when prompted and purchase your subscription on the Site only. Your subscription will automatically renew at the full price for the relevant subscription at the end of your subscription period unless stated otherwise at the time of receiving your code.
    7. You agree that all sales by us to you of subscriptions are final and that we will not refund any transaction once it has been made beyond the initial 14 day period after the very first payment.
    8. Lucy-Pilates and Pilates34Tribe do not currently charge VAT.
    9. We may change the pricing for the subscriptions offered through the Services at any time. You are only allowed to obtain subscriptions from us through the website, and not in any other way.
    10. Without limiting section 4.8, if we suspend or terminate your account in accordance with these Terms you may lose the remainder of any subscription that you may have and we will not compensate you for this loss or make any refund to you.
    11. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase.
  10. YOUR RIGHT TO CANCEL your membership
    1. 14 day cancellation right
      1. Once you have purchased a subscription, you have the right to cancel and be reimbursed for all payments received within 14 days of receipt of your request. 
      2. How to cancel
        If you want to cancel your subscription, please email support@lucy-pilates.co.uk with your membership information and
      3. Effects of cancellation
        If you cancel your subscription in the first 14 days, your subscription will expire immediately and your access to the website and the closed Facebook group will cease.
      4. After the first 14 days of your subscription have expired, your subscription is non-refundable.
    2. Other cancellation
      1. If you cancel your subscription outside of the circumstances set out in section 11.1, your subscription will expire at the end of your subscription period and no refund will be provided.
      2. How to cancel

Please email support@lucy-pilates.co.uk to cancel your subscription. You must send the email at least 72 hours before your subscription is set to renew.

      1. Effects of cancellation
        Your subscription will expire at the end of your remaining subscription period.
  1. OTHER IMPORTANT TERMS
    1. We collect personal information about you through your use of our Services. All information that we collect about you is subject to our Privacy Policy.
    2. These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).
    3. If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
    4. This contract is between you and us. No other person has any rights to enforce any of its terms (save for as set out in section 13.2(g) above).
    5. Provisions which by their terms or intent are to survive termination of these Terms and will do so.
    6. You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
    7. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
    8. These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
    9. These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.
  2. HOW TO CONTACT US AND FURTHER INFORMATION
    1. If you have any feedback, questions or complaints or any requests for technical support, then please e-mail support@lucy-pilates.co.uk
    2. We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
    3. The Services are operated by Lucy Khan trading as Lucy-Pilates. Pilates 34 Tribe is a brand name for the membership part of the business. You may contact us by email: support@lucy-pilates.co.uk or by post: Lucy-Pilates, 16 Malvern Close, Banbury, OX16 9EL, United Kingdom.

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