Herts Osteopathy Online Pilates & Wellbeing Membership Terms

1. DEFINITIONS:

“Agreed Extension Period” means any period of time beyond the Minimum Membership Period that is agreed between you and Herts Osteopathy during which you will continue to hold Membership.
“Herts Osteopathy” means Herts Osteopathy Limited (CRN: 11279043).
“Membership Content” means the videos, guidance, documents and other materials and content made available on the Website as part of any Membership Package.
“Membership” means membership with Herts Osteopathy which will see a licence being granted to access a Membership Package in accordance with these terms and conditions.
“Membership Application” has the meaning prescribed to it in condition 3.4.
“Membership Commencement Date” means the date your Membership Application is accepted pursuant to condition 3.4.
“Membership Fee” means the amount payable for each Membership Package as identified in.
“Membership Package” to the extent that there is more than one membership package, means any one of the different types of membership package made available by Herts Osteopathy.
“Membership Term” means the period of time from the commencement date of agreement to membership to the last day of membership as determined by the membership cancellation terms.
“Minimum Membership Period” means the period of three (3) months or such other minimum period as is agreed between you and Herts Osteopathy from the Membership Commencement Date.
“Password” the user name and password provided by Herts Osteopathy to enable you to access the Membership Content via the Website.
“Website” means the website www.hertsosteopathy.co.uk.

2. MEMBER REQUIREMENTS

2.1 In applying for Membership and throughout the Membership Term, you warrant and represent that:

(a) you are at least sixteen years of age,
(b) so far as you are aware, you are in good physical condition and that you are capable of all forms of exercise and that such exercise would not be detrimental to your health,
(c) if you have a medical, illness or health condition, that you have sought reassurance from your GP or physician that you can continue physical activities provided by Herts Osteopathy.

2.2 Without prejudice to condition 2.1, it is your sole responsibility to bring to the attention of Herts Osteopathy, any medical condition that may present a risk to you in engaging in any particular activity.

3. ACCEPTANCE OF MEMBERSHIP & MEMBERSHIP FEES

3.1 Any information provided by Herts Osteopathy concerning any Membership Package (whether via the website or otherwise) shall be classed as an “invitation to treat” and not classed as an offer capable of acceptance.

3.2 Any communication received from you by Herts Osteopathy within which you express an interest in taking a Membership Package (whether that is in the form of written communication, clicking to provisionally agree to take Membership or payment of any fees) shall constitute an offer/ application (an “Membership Application”) to Herts Osteopathy to accept you as a member.

3.3 Acceptance of any Membership Application is at Herts Osteopathy’s absolute discretion who shall not be under any obligation to give reasons for any refusal.

3.4 Upon acceptance of your Membership Application, your use of the Membership shall commence upon the later of

(a) the date Herts Osteopathy confirms in writing acceptance of your Membership Application; or
(b) payment of the relevant Membership Fee.

3.5 Acceptance by Herts Osteopathy of your Membership Application shall constitute a legally binding contract between you and Herts Osteopathy upon these terms and conditions.

4. MEMBERSHIP BENEFITS

4.1 As a Member you will be entitled to access the Membership Content classified by the Membership Package you decide to take on a non-exclusive, non-transferable licence basis.

4.2 Your Membership, and the Membership Content, is provided by Herts Osteopathy. Any teachers, clinicians or other individuals who teach or provide the Membership Content shall do so for and on behalf of Herts Osteopathy.

4.3 Herts Osteopathy may (at its sole discretion and at any time) add, amend, remove or update any Membership Content that it from time to time makes available as part of any Membership Package.

4.4 Notwithstanding condition 4.3, Herts Osteopathy is keen to ensure that you are provided with the best experience and as such, and without providing any commitment to address the same, Herts Osteopathy welcomes any suggestions or recommendations that you may from time to time have. These should be sent to admin@hertsosteopathy.co.uk

5. MEMBERSHIP TERM, AUTOMATIC RENEWAL & TERMINATION.

5.1 Your Membership will run for the Minimum Membership Period and any Agreed Extension Period.

5.2 Unless terminated pursuant to condition 5.3, after your Minimum Membership Period and any Agreed Extension Period your Membership (and the licence to access the Membership Content it creates) automatically continue on a rolling monthly basis.

5.3 You or Herts Osteopathy may cancel your Membership at any time on providing no less than one (1) calendar month written notice to the other party of their decision to terminate such notice to expire on:

(a) in the case of a notice of termination being issued during the Minimum Membership Period, the expiry of the Minimum Membership Period;
(b) in the case of a notice of termination being issued during any Agreed Extension Period, the expiry of the Agreed Extension Period; or
(c) in the case of a notice of termination being issued during any rolling month of the Membership Term, the expiry of the one-month notice.

5.4 On termination of your Membership any licence granted to access the Membership Content shall automatically cease.

6. MEMBERSHIP FEES

6.1. Access and continued access to the Membership Content is conditional on advance payment of the Membership Fee.

6.2 In respect of the Membership Fees payable for your Membership:

(a) during your Minimum Membership Period, the Membership Fee shall be the rate payable for your Membership Package as advertised on the Website as at the date you make your initial Membership Application;
(b) during any Agreed Extension Period, the Membership Fee shall be the rate for your Membership Package as is agreed between you and Herts Osteopathy when the extension is agreed;
(c) during any rolling monthly Membership and subject to condition 6.3, the Membership Fee shall be such sum as is, as advertised on the Website as at the date you make your initial Membership Application.

6.3 Herts Osteopathy reserves the right to vary the monthly Membership Fee payable on any rolling monthly Membership PROVIDED ALWAYS that Herts Osteopathy will provide no less than one (1) calendar months’ notice of its intention to increase the monthly fee.

7. OBLIGATIONS AND RESTRICTIONS ON USE

7.1 You are solely responsible for ensuring that you have the appropriate hardware, software, applications and internet connection and broadband speed and capacity to enable to access the Membership Content

7.2 You are solely responsible for ensuring that you have an adequate room and/or space within which it is safe to exercise.

7.3 You are responsible for selecting the relevant Membership Content that is appropriate for you and your level of expertise. If you are in any doubt you should contact Herts Osteopathy on admin@hertsosteopathy.co.uk for guidance before you exercise.

7.4 You will be provided with a unique username and password for accessing the Membership Content provided under your Membership Package via the Website which you will be obliged to keep safe.

7.5 Your Membership (and the licence to access the Membership Content it creates) is personal to you and as such you shall not permit a third party to access the Membership Content via the Website using your Password nor shall you use your Membership for commercial .

7.6 You shall not:

(a) download any of the Membership Content without the prior written approval of Herts Osteopathy (such approval to be at their sole discretion and subject to such conditions as they may impose);

(b) licence, rent, sell, transfer or assign your Membership or any Membership Content for money or any other consideration or free of charge;

(c) disassemble, reverse engineer or decompile, copy, modify, amend or adapt the whole or any part of the Membership Content;

(d) incorporate the Membership Content into any other content without Herts Osteopathy’s prior written consent;

(e) delete any proprietary or identification marks on the Membership Content;

(f) circumvent or disable any content protection system, digital rights management technology used in connection with any Membership Content;

(d) introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Website or any of the Membership Content.

7.7 You shall not, nor directly or indirectly assist any other person to do or omit to do anything to diminish the rights of Herts Osteopathy in the Membership Content.

7.8 You will notify Herts Osteopathy immediately if you become aware of any unauthorised use of the whole or any part of the Membership Content by any person.

8. LIMITATIONS ON USE

8.1 You agree that Herts Osteopathy may, from time to time, carry out essential maintenance to the Website and that this may adversely impact access to the Membership Content. In carrying out such maintenance Herts Osteopathy shall try to provide you with as much prior warning as is possible and keep any adverse impact to a minimum.

8.2 Herts Osteopathy does not warrant your use of the Membership Content will be uninterrupted or error free.

8.3 Herts Osteopathy is not responsible for any delays, delivery failures, intermittent access or other issues relating to communications networks and facilities including the internet.

9. SUSPENSION OF MEMBERSHIP

9.1 Herts Osteopathy reserves the right to suspend your Membership (and the licence to access the Membership Content it creates) and access to the Membership Content immediately if:

(a) you are in breach of any of these terms and conditions; or
(b) you fail to make payment of your relevant Membership Fee; or
(c) Herts Osteopathy has reasonable grounds to believe that your physical and/or medical condition is not up to the standards that Herts Osteopathy (in its sole discretion) considers is required and that the continuance of your Membership would be detrimental to your health.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 You acknowledge and agree that Herts Osteopathy own all intellectual property rights in any Membership Content.

10.2 Your Membership does not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trademarks (whether registered or unregistered, any logos, or any other rights or licences in respect of the Membership Content.

11. LIMITATION ON LIABILITY & WARRANTIES

11.1. Whilst the Membership Content is intended to cover a range of situations and levels, no warranty is given as to the fitness for purpose of the Membership Content to your specific needs or circumstances.

11.2 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from your Membership and these terms and conditions.

11.3 The Membership Content available on or through the Website or provided by Herts Osteopathy in connection with your Membership does not constitute medical advice. It is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the Membership Content and services Herts Osteopathy are providing are suitable for you.

11.4 It is your responsibility to check with your doctor or medical practitioner about your suitability for undertaking exercise as part of the Membership Package you take and to obtain his/her written consent where necessary. Whilst Herts Osteopathy take care to ensure safe practise, there are inherent risks in any exercise programme and subject to the remainder of this condition 10, Herts Osteopathy accepts no liability whatsoever for any injury or illness you incur through taking our classes or using any of the Membership Content or by your failure to notify Herts Osteopathy of any existing health problems or special needs.

11.5 You expressly acknowledge and agree that your access, use and/or involvement with any exercise or matter made available via the Membership Content, may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property.

11.6 You acknowledge and willingly accept the risks noted in condition 11.5 and, subject to condition 11.6, agree to release and hold harmless Herts Osteopathy from and against all claims, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use of the Membership Content and/or involvement with any exercise classes or routines provided thereunder.

11.6 Nothing in these terms and conditions excludes the liability of Herts Osteopathy:

(a) for death or personal injury caused by the proven negligence of Herts Osteopathy;
(b) for fraud or fraudulent misrepresentation.

12. PERSONAL INFORMATION

12.1 Herts Osteopathy will only use your personal information as set out in its privacy policy which is available here: www.hertsosteopathy.co.uk

13. YOUR RIGHTS TO CHANGE YOUR MIND

13.1 As your Membership (and the licence to access the Membership Content it creates) was bought over the telephone, by exchange of emails or via the Website you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013.

13.2 As your Membership and the resulting access to the Membership Content represents digital content that you can download and/or stream (as the case may be) you have 14 days after your Membership Commencement Date, or, if earlier, until you start downloading or streaming. If Herts Osteopathy delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

13.3 You do not have a right to change your mind in respect of:

(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.

13.4 Even if you do not have a right to change your mind (see condition 13.2), you can still end the contract before it is completed, but you may have to pay Herts Osteopathy compensation. As your Membership represents a contract for digital content, it is completed when any Membership Content is downloaded or streamed and paid for. If you want to end the contract that makes up your Membership before it is completed where Herts Osteopathy are not at fault and you have not changed your mind, you must email admin@hertsosteopathy.co.uk. The contract will end immediately and Herts Osteopathy will refund any sums paid by you for your Membership but may deduct from that refund (or, if you have not made an advance payment, charge you) 20% of your relevant Membership Fee.

14. OTHER TERMS

14.1 Variations. Herts Osteopathy may change these terms and conditions from time to time. By continuing to use the Membership Content you are accepting that you are bound by the current terms and conditions. Any changes to terms and conditions will be notified to you.

14.2 Entire Agreement. These terms and conditions form the entire understanding of you and Herts Osteopathy and supersede all previous agreements, understandings and representations relating to the subject matter.

14.3 Force Majeure. Neither you or Herts Osteopathy shall be deemed to be in breach of any of these terms and conditions by reason of any delay in performing, or any failure to perform, any obligation if the delay or failure was due to any cause beyond your or Herts Osteopathy’s (as the case may be) control including, but not limited to, power outages, utility and/or internet supply issues, acts of God, explosions, actual or suspected terrorist attacks, floods, fire or accident, war or threat of war, sabotage, civil disturbance, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, pandemics or epidemics.

14.4 Assignment. Herts Osteopathy may transfer their rights and obligations under these terms to another organisation.

14.5 Third party rights. This contract is between you and Herts Osteopathy. No other person shall have any rights to enforce any of its terms.

14.6 Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.7 Waivers. If Herts Osteopathy do not insist immediately that you do anything you are required to do under these terms, or if Herts Osteopathy delay in taking steps against you in respect of you breaching any of these terms and conditions, that will not mean that you do not have to do those things and it will not prevent Herts Osteopathy taking steps against you at a later date. For example, if you miss a payment and but Herts Osteopathy continue to allow to access to the Membership Content, Herts Osteopathy can still require you to make the payment at a later date and/or suspend your access to the Membership Content.

14.8 Suggestions or complaints. If you wish to raise any suggestion or complaint in connection with your Membership you should contact Herts Osteopathy on : admin@hertsosteopathy.co.uk

14.9 Governing laws. Your Membership and these terms and conditions which govern it shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.