Terms and Conditions
TERMS AND CONDITIONS OF ACCESS TO WEBSITE AND CONDITIONS OF SALE ("TERMS AND CONDITIONS")
1.1 Please read these Terms and Conditions carefully before using the website operated by MK Pilates Academy Limited (company number 10143912) ('MKP'). In particular, we draw your attention to paragraphs 8 (Applicability of online materials), 12 (Liability) and 9.2 (PPL Licence).
1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website.
1.3 If you do not wish to be bound by these Terms and Conditions then you may not use our website or purchase goods.
2 Nature of our Website
2.1 Our website is a place for you to select and order goods being sold by MKP and by MKP on behalf of other third-party sellers who may advertise on our site (all such goods being referred to as 'the Products'). Details of the Products are, as required by law, shown on our website next to each Product and are sold subject to these Terms and Conditions. If goods are to be sold by MKP on behalf of other third-party sellers, you acknowledge that the contract for sale and purchase of Products in these circumstances is between yourself and the third-party seller, with MKP acting as the third party's agent for sale and subject to these Terms and Conditions.
2.2 Please note that the contents of our website are aimed at users who are aged 18 years and above, and you must be over 18 years to purchase the Products, using the payment method displayed on our website. By making a purchase from our website you are warranting that you are aged 18 years and above.
3 Buying Products on our Website
3.1 Purchasing a Product is designed to be a simple and clear process. To complete the purchase you will be asked for a few details that we need to be able to satisfy the order.
3.2 Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website and can vary depending on the product. Delivery terms of products is conditional upon locations of both products and delivery location and also which service we will use to despatch your order. Any delivery cost which is non-standard will be specifically advised to your before despatch and final payment taken. The price of any Product is the price in force at the date and time of your order. The price of any Product may change before you place an order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 4.1). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
3.3 For orders made from the United Kingdom or the European Union, VAT at the rate current at the time of purchase is may be added in the future but at present MKP is not registered for VAT has not and will not be added without full details being disclosed as per 3.2. All other orders are also VAT free at this time.
3.4 You undertake that all details you provide to us for the purpose of purchasing Products will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of all Products you order. We reserve the right to obtain validation of your card details.
4 Payment for Products
4.1 You must pay for the Products by Visa, Mastercard or most other credit or debit cards at the time of the order, at which time you will be notified of the current price. If you are shopping from outside the United Kingdom ('UK'), place your order and your credit card company will convert the transaction into your own currency.
4.2 At this time we do not accept your credit card information via telephone, fax, post.
4.3 MKP is entitled to refuse any order placed by you or on your behalf. If your order is accepted, we will confirm acceptance to you by online electronic means ('Confirmation') to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation. Most orders take up to 7 days to process and are shipped within 2 working days. Orders within the UK will normally be received with 3-5 working days. Orders to be delivered to an address outside the UK will normally be received within 5-10 working days.
4.4 If your item is not in stock we will back-order for you. You will be e-mailed with the option to cancel your order if you would rather not wait.
4.5 Shipping and handling rates include first class delivery within the UK and International Airmail for orders delivered outside the UK. If you wish to have your order shipped by any other method, including FedEx or DHL, please contact email@example.com for pricing prior to placing your order. We may choose to send your order by ‘registered/verified by signature’ post. If this incurs additional cost we will advise you of these cost prior to postage if they are to be passed on to you.
4.6 You may return any physical Products you have purchased within 14 days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing by e-mail and received acknowledgement from MKP within those 14 days. In circumstances where we have not received your notification, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notification by post or a read receipt if sent by e-mail. You will then be entitled to a refund from MKP, which will be paid as soon as possible, but in any event within 30 days of us receiving the returned Products. You must arrange for and pay the costs of returning the Products to MKP. While in your possession, you must keep any Products you intend to return to us in good condition. The rights referred to in this paragraph do not apply where:
- before the end of the 14 day period you have enjoyed the benefit of the Product and for that reason it cannot be returned and re-sold;
- the Product consists of audio or video recordings or computer software and the sealed packaging has been opened or damaged by you.
- the Product delivered is not what you ordered (and the sealed packaging has not been opened); or
- the Product delivered is not of a satisfactory quality as required by the Sale of Goods Act 1979.
we will refund to you the price paid and your reasonable costs of returning the Product. Please e-mail us at firstname.lastname@example.org stating your order number.
Any online products cannot be refunded once the file has been accessed / viewed. Opening the video or data file is full and final acceptance of the product. As samples of all such products are available for viewing prior to purchase this does not breach your consumer rights as long s the product access is of identical or similar content and quality as is advertised.
If you have any complaints, you should direct them to us via e-mail to email@example.com or by first telephoning us on +44 (0)20 7097 1454.
5 Computer Specification, Software Support and Modifications to Website
5.1 You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to http://mkpilates.com and or to use any downloadable Products you purchase. Upon request, MKP will provide you with all reasonable support to help assist you in accessing the MKP systems, software and Products.
5.2 It is your responsibility to ensure that you have sufficient technical competence to operate a computer for the purposes of downloading, streaming and viewing a Product.
5.3 If you are using the computer of a third-party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, MKP is not responsible for this and no refund of the price paid for a Product will be given in these circumstances.
5.4 MKP does not provide software support and this is for you to arrange with your software provider. We will however offer wherever it is possible guidance and support to a reasonable level of customer support.
5.5 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or Products available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products (including, for the avoidance of doubt, those of third parties) shall be subject to these Terms and Conditions.
6 Information You Provide (please also see our Privacy statement)
6.1 The following applies to any information you provide to us, for example, during any registration or ordering process:
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address. If you have purchased a third-party product this includes passing your details to the third-party seller.
- MKP will not disclose your information to third parties other than as authorised above or for the purposes of delivering the Products. Cookies are used on this shopping site but only to keep track of the contents of your shopping cart once you have selected a Product. Data collected on this site is used to:-
- take and fulfill customer orders
- administer and enhance the site and service
- issue a unique identifier (e.g. customer login)
- monitor customer account status beyond that required for individual purchase
6.2 Processing and disclosure rights
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the purposes referred to in 6.1 above.
7.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify MKP immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
7.2 All credit card numbers are encrypted in the software when the order is placed. MK Pilates does not store the card details; they are stored securely with PayPal. Nor do we share them with any 3rd parties (other than PayPal).
We do not keep or store your credit card details at MK Pilates.
8 Applicability of Online Materials
8.1 Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
8.2 For Products that are downloadable, MKP (for itself and if appropriate, on behalf of the third-party seller) grants you a non-exclusive, non-transferable license to use graphic files, audio files, video files and other software associated with such Products. It is your responsibility to ensure that your computer, equipment and software are of sufficient specification to enable you to download any Product that you purchase through our website. MKP will have successfully tested all such downloadable Products but you assume responsibility and should damage be caused to your computer or you be inconvenienced in any other way, you and not MKP shall assume the entire cost of all damages which may result from any defect. You assume total responsibility and risk for your use of our website, use of all information contained within it and all materials you may download from it.
8.3 Compliance with Law
We have used our best endeavours to ensure that our website complies with United Kingdom law.
9 Copyright, PPL and Responsibility
9.1 The contents of our website and our Products are protected by international copyright laws and other intellectual property rights. The owner of these rights is MKP or other third-party licensors or sellers. All product and company names and logos mentioned in our website and on our Products are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with MKP or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire or as stated within the product description.
9.2 You acknowledge that all materials, literatures, routines, choreography and property contained in or relating to the Products are the sole property of MKP or the third-party sellers and you warrant that you shall not make copies of the Products or otherwise do anything that might prejudice the interest of MKP or any third-party sellers in the Product.
9.3 Certain Products require a public performance license to use them publicly. If you use one of these Products publicly you warrant that :-
- you hold a valid public performance license in respect of the public performance of the sound recording as an accompaniment to exercise classes and you will continue to hold such license throughout the period of your use of the Product;
- you are in possession of a written undertaking from the owner of the venue at which you will be using the Product that the owner holds a public performance license in respect of the public performance of the sound recording as an accompaniment to exercise classes at the venue at which you will be using the Product and that such owner will continue to hold such license throughout the period of your use of the Product.
You agree to fully indemnify MKP for any loss, cost or expense we incur if you or any third-party on whose behalf you use the Product act in breach of these warranties.
9.4 You acknowledge that it is your responsibility to choose a Product that is suitable for your purposes and if using a Product for professional purposes, that you have the appropriate training in order to deliver any associated activity safely. You represent and warrant that you discharge MKP, its agents, employees or representatives on a continuing basis from any and all liability from injuries or damages resulting from your use of the Products (including but not limited to use through performing, conducting, teaching or instructing) to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of MKP or its employees, agents or sub-contractors.
9.5 It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the Products. We recommend you obtain medical clearance from your GP prior to purchasing any of the Products that encourage you to perform exercise or before commencing any of the exercises contained with the Products. You understand that the Products may encourage you to perform exercise and that the body's reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.
9.6 You are required to conduct yourself in an appropriate manner during all dealings and correspondence with MKP. If you behave in a manner which, in the opinion of MKP, is threatening, abusive, offensive or otherwise unacceptable, MKP will have the right to bar you from using the website and refuse future dealings with you. You will remain liable to pay the price for Products you have purchased and no refunds will be given.
10.1 Linked Sites
MKP makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from MKP and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that MKP endorses or accepts any responsibility for the content or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
10.2 No Linking to or Extraction of Data or Other Information from MKP Site
Any linking to, deep linking to, or extraction from the MKP Site without the written consent of MKP in hard copy with original signature by a director of MKP is strictly prohibited.
10.3 Liquidated Damages
Without prejudice to the generality of the foregoing sub-paragraph 10.2, any third-party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to MKP for the aggregate of twice the value of any goods sold as a result of such unauthorised activity and all costs incurred by MKP whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
11 Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
12.1 Seller's Warranties
All Products you purchase from our website will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and neither MKP nor any third-party seller accepts any liability for them other than as stated in paragraph 4.6. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an 'as is' basis.
12.2 Exclusion of Liability
In relation to the purchase of Products, neither MKP nor any third-party seller accepts any liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of MKP or our servants, agents or any other person.
Without prejudice to the generality of the above paragraph, it is your responsibility as a professional instructor to use the Products in an appropriate and safe manner ensuring that you have all necessary qualifications, licenses and insurances relevant to the manner in which you are going to use the Products.
12.3 Limit of Liability
If we or a third-party seller are liable to you for any reason, such liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
12.4 User's Responsibilities
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
12.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
12.6 Medical Disclaimer, Liability and Limitations
Not all exercises are suitable for everyone. Before attempting a new exercise or exercise program take into account factors such as flexibility, strength and overall health, to determine whether or not a particular exercise is appropriate for you. MK Pilates and its exercises and programs, like any exercise is inherently dangerous and can result in personal injury. Any injury sustained from proper or improper use of these exercises or exercise programs is the solid responsibility of the exerciser. MK Pilates and its partners disclaim any liability from injury sustained from the use of these exercises or exercise programs and suggest that you consult your professional healthcare provider before attempting any exercise or exercise program.
13 Forum retain until we have one up and running
13.1 You acknowledge that any facility provided by MKP to enable students to communicate with each other, such as a forum or chat room, is provided without liability to MKP.
13.2 It is your responsibility to ensure that any information that you share with other users of the site is accurate and does not breach any third parties' rights including trade mark, database rights, copyright or other intellectual property rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you send us will be published on our site and can be viewed world-wide.
13.3 By sending us information you waive your moral rights to be identified as the author of it and also give MKP license to modify such information. We will assume that any information received is for publication on our website and such other use as MKP, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our website
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
14.2 Entire Agreement
These Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to MKP and any Products. You understand that any agreement to order or purchase MKP Products from or through our website will be an agreement between you and MKP. Any agreement to order or purchase Products of third-party sellers will be between you and the third-party seller but subject to these Terms and Conditions with MKP acting as agent of the third-party seller. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by MKP or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these relevant Terms and Conditions, order form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by United Kingdom law and you submit to the non-exclusive jurisdiction of the British courts.
14.5 Causes beyond Control
Neither you nor MKP will be held liable for any failure to perform any obligation to the other due to causes beyond your or MKP's respective reasonable control.
14.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
- to us via e-mail at firstname.lastname@example.org
- to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.