This is a list of our terms and conditions, if you have any questions please contact us at hello@yourreformer.com

PILATES TEACHER TRAINING - TERMS AND CONDITIONS 

Our Disclosures 

Our complete terms and conditions are contained below, but some important points for you to know before you participate in the program are set out below: 

  • Enrolment is available to individuals directly through our website or through a B2B arrangement with a studio, gym, or other business. 

  • Enrolment is confirmed upon acceptance of these Terms and payment of the applicable course fee. 

  • Course access is non-transferable unless otherwise agreed in writing. 

Your right to change your mind  

The following applies only where you purchase a Program or course as a ‘consumer’ under the Consumer Rights Act 2015, as set out at clause 8 (b) of these Terms: 

  • Except as set out below, you have the right to cancel your purchase of the Program, and receive a full refund of the fees, without giving any reason, any time up to 14 days after the day you accept these Terms (Cancellation Period). 

  • When you don't have the right to change your mind: We agree not to provide the Program or course to you during the Cancellation Period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted these Terms, if you instruct us to provide you with the Program or course during the Cancellation Period, this will be taken to be an express request by you, and you will need to pay a proportionate amount for the portion of the Program or course performed up to the point of cancellation. 

  • Tell us you want to cancel these Terms: If you exercise the above rights and want to cancel or terminate these Terms, you should contact us using the contact details set out at the end of these Terms. 

  • When your refund will be made: We will refund you 14 days of you telling us you have changed your mind. 

  1. Introduction 

a. This teacher training program (Program) is operated by YR D.Int Co Pty Ltd ABN 18 681 883 821t/as Your Reformer (we, our or us). These terms and conditions (Terms) are between us and you, the person enrolling in the Program, whether as an individual student or as a business enrolling students on their behalf (B2B Customer).

b. These Terms are subject to the Terms of Use of the Site. 

  1. Program Overview 

a. We offer online teacher training courses designed to upskill individuals to become reformer Pilates instructors. These courses are delivered entirely online and are not associated with the operation of a physical studio.

b. We may, from time to time, offer additional programs and special offers. These will be subject to specific terms and conditions, which will be made available at the time of the relevant program. 

HOW ENROLMENTS WORK 

  1. Individual Enrolment (Direct/E-Commerce) 

  1. Individuals may enrol directly through our website by: 

  1. Selecting the relevant course on our e-commerce store; 

  1. Completing the checkout process; 

  1. Accepting these Terms by checking the relevant box prior to completing purchase; and 

  1. Completing payment of the applicable course fee. 

  1. Enrolment is confirmed upon receipt of payment and acceptance of these Terms. 

  1. B2B Enrolment 

  1. Studios, gyms, and other businesses (B2B Customers) may enrol multiple students (up to the number specified in the relevant proposal) by: 

  1. Receiving and accepting a quote or proposal from us; 

  1. Accepting these Terms, which will be incorporated into and form part of the proposal documentation; 

  1. Nominating the students to be enrolled in the course; and 

  1. Completing payment of the applicable course fee. 

  1. By accepting a proposal, the B2B Customer agrees to these Terms on behalf of itself and each nominated student. It is the B2B Customer's responsibility to ensure that nominated students are made aware of and comply with these Terms. 

  1. Eligibility 

  1. To be eligible to enrol in the Program: 

  1. Individual students must be aged 18 years or over, or have parental or guardian consent to participate; 

  1. B2B Customers must be a legally registered business entity; and 

  1. All participants must have access to the internet and a compatible device to access the online course materials. 

  1. Course Access and Delivery 

  1. Course materials will be made available to enrolled students online following confirmation of enrolment and receipt of payment; 

  1. Access details will be provided to students via email following enrolment confirmation; 

  1. Course content, structure, and delivery format may be updated from time to time at our discretion; 

  1. Course access is granted to the enrolled student only and must not be shared with any other person; and 

  1. We are not responsible for any technical issues arising from a student's device, internet connection, or third-party platforms. 

  1. Fees and Payment 

  1. Course fees are as set out on our website or in the relevant proposal at the time of enrolment; 

  1. All fees are in Great British Pounds (GBP) and inclusive of VAT where applicable; 

  1. Payment must be made in full prior to course access being granted, unless otherwise agreed in writing; and 

  1. We reserve the right to vary course fees at any time. Any variation will not affect enrolments already confirmed and paid. 

  1. Payment Plans

a. Instalments
Course fees under a Payment Plan are payable via a deposit on registration and either six (6) fortnightly, or three (3) monthly equal instalments.

b. Completion Window
Students have a maximum of six (6) months from the date of enrolment to complete all coursework and practical hour requirements, regardless of the Payment Plan schedule.

c. Missed Deadline
If coursework and hour requirements are not completed within the Completion Window, the Student has a further thirty (30) days' grace to complete outstanding requirements. If requirements remain incomplete after the grace period, the enrolment is forfeited and no refund is payable. Re-enrolment thereafter is at the Company's discretion and current course fee.

d. Missed Payments
If any instalment is missed or remains outstanding, the Company may suspend the Student's access to course materials and practical sessions until payment is made. The Student remains liable for the full course fee regardless of continued attendance.

e. Certificate Issuance
The Certificate will not be issued until (a) all coursework and hour requirements are satisfactorily completed, and (b) all instalments have been paid in full. Where payment remains outstanding, the Certificate will be withheld until payment is made in full or the Company otherwise agrees in writing.

  1. Cancellations and Refunds 

  1. Requests for cancellation or refund must be submitted to us in writing; 

  1. To the extent that you purchase from us as an individual “consumer”, as defined in the Consumer Rights Act 2015 and not a B2B Customer, you may cancel your enrolment in the Program or course within 14 days of the date when you make a booking with us (Cancellation Period). We will not commence the provision of the Program or course during the Cancellation Period unless you expressly request us to do so. Please note that where you expressly ask us to commence the provision of the Program during the Cancellation Period: (1) you will lose your right to cancel your enrolment in the Program or course, if the relevant Program or course is fully performed by us; and (2) you will be liable to pay to us an amount for the relevant part of the Program or course supplied up to when you inform us that you intend to cancel the Program or course, which will be proportionate to the full price for the relevant part of the Program or course; 

  1. Where a B2B Customer cancels an enrolment, any refund entitlement will be assessed with reference to the relevant proposal and these Terms; 

  1. We reserve the right to cancel or reschedule a course at any time. Where we cancel a course, enrolled students will be offered a full refund or the option to transfer their enrolment to an alternative course, at the student’s choice; and 

  1. No refund will be issued where a student fails to access or complete the course due to their own circumstances. 

  1. Intellectual Property 

  1. All course materials, content, and resources provided through the Program are owned by or licensed to us and are protected by copyright and other intellectual property laws; 

  1. Students are granted a limited, non-exclusive, non-transferable licence to access and use the course materials for their personal educational purposes only; 

  1. Students must not reproduce, distribute, modify, or commercialise any course materials without our prior written consent; and 

  1. Nothing in these Terms transfers any intellectual property rights to a student or B2B Customer. 

  1. Media Release 

  1. If you participate in any photography, video recording, or other media capture associated with the Program, we may request that you sign a separate media release form prior to any such content being used; 

  1. We will not use your image or likeness for advertising or promotional purposes without your prior written consent; and 

  1. Where a media release form is signed, we may use the relevant content for advertising, promotional, and marketing purposes in accordance with the terms of that form. 

  1. Program Changes and Termination 

  1. We reserve the right to modify, suspend, or terminate the Program or any course at any time; 

  1. Any changes to these Terms will be published on our website and will take effect immediately upon publication; 

  1. Continued enrolment in or access to the Program following publication of updated Terms constitutes acceptance of those updated Terms; and 

  1. We may suspend or terminate a student's access to the Program if we reasonably believe they have breached these Terms. 

  1. Privacy and data Collection 

  1. We collect, hold and disclose and use any personal data you provide to us in accordance with our Privacy Policy, and applicable privacy laws; 

  1. Personal data collected through the Program will be used to administer enrolments, deliver course materials, and communicate with participants and as otherwise set out in our Privacy Policy; 

  1. We will not share your personal data with third parties except as required by law or as set out in our Privacy Policy; 

  1. B2B Customers must only disclose personal data to us if you have the right to do so (such as having the nominated students’ express consent in relation to the collection and use of their personal data by us); and 

  1. You may access, correct, erase, restrict, or port your personal data, object to its processing, or otherwise exercise your rights as a data subject under applicable data protection law, by contacting us using the details below. 

  1. Consumer law:  

  1. Under the Consumer Rights Act 2015 and other applicable UK consumer protection laws, certain statutory rights apply to the supply of goods and services. In summary, these rights mean that we are required to ensure that the Program or courses: 

  1. are performed with reasonable care and skill; 

  1. are as we describe them to you; and 

  1. are carried out within a reasonable time and for a reasonable price, if we have not agreed the time and price with you. 

  1. Nothing in these Terms is intended to affect or limit your rights as a consumer. 

  1. Liability 

We will perform the Program or course with reasonable care and skill. If you are not a ‘consumer’ as defined in the Consumer Rights Act 2015, we are not liable to you for any indirect or consequential losses including loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity that may arise, whether under statute, contract, equity, tort Including negligence), indemnity or otherwise. We do not exclude or limit in any way our liability to you where it would be unlawful to do so, which includes liability for fraud or fraudulent misrepresentation, and death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors. If a party is liable under these Terms, but the other party is also partly responsible, each party will be responsible for their share of the loss.  

  1. Governing Law 

These Terms are governed by the laws of England and Wales.  

For any questions and notices, please contact us at: 

YR D.Int Co Pty Ltd ABN 18 681 883 821 doing business as Your Reformer 

Phone Number:  

Email: hello@yourreformer.com.au 

© LegalVision Law UK Ltd 

 

UK InstructorPro Terms and Conditions

Welcome to InstructorPro! We provide a programming tool for reformer Pilates studios, including a library of filmed exercises, monthly template programs, and educational content (including written and video materials) to help you deliver reformer Pilates classes to your clients (Services), as set out in more detail on our website (Site).

In these Terms, when we say you or your, we mean the business entity accepting these Terms. When we say we, us, or our, we mean YR D.Int Co Pty Ltd ACN 681 883 821 .

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Services unless you agree to these Terms.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their Terms (Term).

1.2 Subject to your compliance with these Terms, we will provide you with access to the Services.

1.3 Where we require access to your premises or computer systems in order to provide the Services, you agree to provide us with such access free from risk to the safety of our employees and contractors.

1.4 We will not be responsible for any other services unless expressly set out in these Terms or on our Site.

1.5 If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to, are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

1.6 Where you engage third parties to operate alongside the Services (for example, any third-party software systems you wish to integrate with the Services), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.

1.7 You acknowledge that to use the Services to screen programs on TVs or other displays, you are responsible for obtaining and maintaining all necessary hardware, including but not limited to Google TV, Apple TV or similar devices, screens, and any associated equipment. We are not responsible for the performance, compatibility or functionality of any third-party hardware.

1.8 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services. If you have paid upfront for recurring access to any of the Services (excluding one-time purchases) and you would like to cancel them, please contact us in writing within 30 days of receiving notice to cancel that recurring access and we will issue you a pro-rata refund for such Services.

2. Account

2.1 You must sign up for an Account in order to access and use the Services.

2.2 While you have an Account with us, you agree to:

  • (a) keep your information up-to-date (and ensure it remains true, accurate and complete);
  • (b) keep usernames and passwords secure and confidential, and protect them from misuse or being stolen;
  • (c) ensure that only Authorised Users access and use the Services;
  • (d) be responsible for all activities conducted through your Account and by your Authorised Users; and
  • (e) notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

2.3 If you close your Account, you will lose access to the Services.

3. Fees

3.1 You may choose to purchase Services from us, as set out on our Site (Paid Services). Paid Services may include one-time purchases or recurring Services. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Site (as applicable).

3.2 We may offer free trials for certain Paid Services. If you are undertaking our reformer Pilates certification, you will receive 60 days complimentary access to the Paid Services. At the end of the free trial or complimentary period, you will either begin to be charged for the Paid Service or lose access to it (unless you sign up to it as a Paid Service), as specified in the trial offer you sign up to. At the end of the complimentary period, you will begin to be charged for the Paid Service unless you cancel before the end of the complimentary period.

3.3 Details of our Paid Services, including features, limitations, fees and billing cycles (for recurring services) are set out on our Site. For recurring services, you will be billed on a regular basis, as set out on our Site, at the beginning of each billing cycle. All other Paid Services must be paid for at the time you order the Service.

3.4 Cancellation: All recurring Services continue for the agreed Service term (that you selected when purchasing the Service) (Service Term). At the end of each Service Term, provided you have paid all fees owing, your recurring Services will be automatically renewed for recurring monthly periods (each of which will be considered a Service Term). If you wish to cancel your recurring Services, you may do so through your Account. Your cancellation will take effect at the end of your current Service Term, and the Services will not be renewed (meaning you will need to continue paying all fees due up until your current Service Term ends).

3.5 Our payments methods will be set out at the time you purchase the Services. If you choose to pay your fees using one of our third-party payment processors, you may need to accept their terms and conditions (if this is the case, these will be set out at the time you make payment).

3.6 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of the Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

3.7 If any fees due under these Terms or as a result of your use of the Services are not paid on time, we may:

  • (a) suspend your access to the Services; and
  • (b) charge interest on any overdue payments at a rate equal to the Bank of England’s base , from time-to-time, plus 4% per annum, calculated daily and compounding monthly.

3.8 You are responsible for paying any levies or taxes associated with your use of the Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

4. Licence

4.1 During the Term, we grant you a non-exclusive, non-transferable, revocable right to use our basic Services in accordance with these Terms. This right cannot be passed on or transferred to any other person.

4.2 When you purchase our Paid Services, your access rights will vary based on the type of service. For one-time purchases, we grant you the right to access the purchased Service until the earlier of the specified duration of access, the termination of these Terms or your cancellation of the specific Service. For recurring services, we grant you a right to access the relevant Services only for the duration that you continue to pay for the Service, subject to these Terms. These rights cannot be passed on or transferred to any other person.

4.3 Your access to the Services is limited to the number of user licences you have purchased. Each user licence permits one Authorised User to access and use the Services. You must not exceed the number of user licences you have purchased. If you require additional user licences, you must purchase them from us.

4.4 Depending on your selected Service tier:

  • (a) you may use our monthly template programs to deliver classes to your clients; or
  • (b) you may use the platform and filmed exercise library to create and deliver your own custom programming to your clients.

4.5 You may use the Services to:

  • (a) access and view the filmed exercise library and educational content;
  • (b) create class plans using the platform (if applicable to your Service tier);
  • (c) access monthly template programs (if applicable to your Service tier);
  • (d) screen and display the programs on TVs or other displays at your premises for the purpose of delivering reformer Pilates classes to your clients, with instructors facilitating the classes; and
  • (e) use the Services for your internal business operations in connection with delivering reformer Pilates instruction.

4.6 You must not:

  • (a) access or use the Services in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
  • (b) interfere with or interrupt the supply of the Services, or any other person’s access to or use of the Services;
  • (c) introduce any viruses or other malicious software code into the Services;
  • (d) use any unauthorised or modified version of the Services, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;
  • (e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
  • (f) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login beyond your licensed user count, or time-sharing;
  • (g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party;
  • (h) access or use the Services to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted;
  • (i) exceed the number of user licences you have purchased;
  • (j) share login credentials with persons who are not Authorised Users; or
  • (k) use the Services at locations other than your registered business premises without our prior written consent.

5. Availability, Disruption and Downtime

5.1 While we strive to always make the Services available to you, we do not make any promises that these will be available 100% of the time. The Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

5.2 The Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

5.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to the Services.

6. Intellectual Property and Data

6.1 We own all intellectual property rights in the Services. This includes how the Services look and function, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on the Services.

6.2 We own or have licenses to all content displayed on the Services (Content). You do not have any ownership rights in any Content on the Services. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view and download the Content, solely for your internal business use in connection with delivering reformer Pilates classes to your clients at your premises.

6.3 You must not, unless expressly authorised by us or these Terms:

  • (a) circumvent or disable any content protection system or technical protection measure used in the Services or the Content;
  • (b) copy or modify, in whole or in part, any of the Content, except as necessary to use the Services in accordance with these Terms;
  • (c) reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise the Content outside your organisation;
  • (d) breach, or allow any third party to breach, any intellectual property rights in the Content; or
  • (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on the Content.

6.4 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

6.5 When you use the Services, we may create anonymised statistical data from your usage of the Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.

6.6 This clause 6 will survive the termination or expiry of these Terms.

7. Confidential Information and Personal Data

7.1 While using the Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

7.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

7.3 We collect, hold and disclose and use any Personal Data you provide to us in accordance with our privacy policy, available on the Site, and applicable privacy laws.

7.4 You must only disclose Personal Data to us if you have the right to do so (such as having the individual’s express consent).

7.5 We may need to disclose Personal Data to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

7.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

7.7 This clause 7 will survive the termination or expiry of these Terms.

8. Warranties and Representations

8.1 You warrant and represent that:

  • (a) you have the authority to enter into these Terms and to perform your obligations under these Terms;
  • (b) you will comply with all applicable laws in your use of the Services;
  • (c) you have obtained all necessary consents, licences and approvals to use the Services and to disclose any information (including Personal Data) to us;
  • (d) your use of the Services will not infringe any third party's intellectual property rights or other rights; and
  • (e) you are responsible for ensuring that any programs, exercises or content you deliver to your clients using the Services are appropriate and safe for those clients.

8.2 We warrant that:

  • (a) we have the right to provide the Services to you; and
  • (b) the Services will be provided with due care and skill.

8.3 Except as expressly set out in these Terms, we make no warranties or representations about the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law, all implied warranties are excluded.

9. Consumer Law Rights

9.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

9.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

9.3 Where you are acting as a ‘consumer’ under the Consumer Rights Act 2015, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, that Act or any other applicable UK consumer protection legislation.

9.5 This clause 9 will survive the termination or expiry of these Terms.

10. Liability

10.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

  • (a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems);
  • (b) any use of the Services by a person or entity other than you;
  • (c) any third-party hardware, software or services (including Google TV, Apple TV or similar devices);
  • (d) your failure to comply with these Terms;
  • (e) any programs, exercises or content you create or deliver to your clients using the Services; or
  • (f) any injury, loss or damage to your clients arising from their participation in classes delivered using the Services.

10.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

  • (a) neither we or you are liable for any Consequential Loss; and
  • (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  • (c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us during the 12 months immediately preceding the event giving rise to the Liability, or if you have not paid for the Service, to £1,000.

10.3 This clause 10 will survive the termination or expiry of these Terms.

11. Notice Regarding Apple

11.1 To the extent that you are using or accessing the Services on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Services and any content available on the Services.

11.2 Apple has no obligation to furnish you with any maintenance and support services with respect to the Services.

11.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

11.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

11.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

11.6 You agree to comply with any applicable third-party terms when using our mobile application.

11.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

11.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Suspension and Termination

Suspension

12.1 We may suspend your access to the Services where we reasonably believe there has been any unauthorised access to or use of the Services (such as the unauthorised sharing of login details for the Services). If we suspend your access to the Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate these Terms and your access to the Services will end.

Termination

12.2 We may terminate these Terms (meaning you will lose access to the Services, and any recurring Services will be cancelled) if:

  • (a) you fail to pay your fees when they are due and do not remedy the non-payment within 7 days of us notifying you;
  • (b) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
  • (c) you breach these Terms and that breach cannot be remedied;
  • (d) we decide to discontinue the Services, in which case we will provide you with at least 90 days’ written notice and if you have paid upfront for ongoing access to any of the Services (excluding one-time purchases) we will issue you a pro-rata refund for such Services; or
  • (e) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

12.3 You may terminate these Terms if:

  • (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
  • (b) we breach these Terms and that breach cannot be remedied, and if you have paid fees for recurring Services upfront, you will be issued a pro-rata refund of any unused part of those fees based on the portion of the then-current Services period remaining.

12.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 14.8), and if you have purchased any recurring services, termination will take effect at the end of your current Services period.

12.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

12.6 This clause 12 will survive the termination or expiry of these Terms.

13. Use of Programs and Disclaimer

13.1 You acknowledge that:

  • (a) any programs, exercises or educational content provided through the Services are general in nature and may not be suitable for all individuals;
  • (b) you are responsible for assessing the suitability of any programs or exercises for your clients, including obtaining appropriate medical clearances where necessary;
  • (c) you must modify or adapt any programs as appropriate for your clients' individual needs, fitness levels and health conditions;
  • (d) you are responsible for ensuring that your instructors are appropriately qualified and trained to deliver reformer Pilates classes;
  • (e) you are responsible for ensuring that your premises, equipment and operations comply with all applicable health and safety laws and regulations;
  • (f) the Services are programming tools and educational resources only, and do not constitute medical, health or fitness advice; and
  • (g) we are not liable for any injury, loss or damage arising from your use or delivery of any programs, exercises or content accessed through the Services.

13.2 You must ensure that appropriate warnings, disclaimers and waivers are provided to your clients before they participate in any classes delivered using the Services.

14. General

14.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

  • (a) where you are resident or incorporated in the United Kingdom, refer the matter to mediation administered by The Centre for Effective Dispute Resolution (CEDR); or
  • (b) where you are not resident or incorporated in the United Kingdom, refer the matter to arbitration administered by the London Court of International Arbitration, with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.

14.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including the Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.4 Governing law: These Terms are governed by the laws of England and Wales, and any matter relating to these Terms is to be determined exclusively by the courts of England and Wales and any courts entitled to hear appeals from those courts.

14.5 Illegal Requests: We reserve the right to refuse any request for or in relation to the Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

14.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

14.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

14.9 Professional Services Disclaimer: The Services provide programming tools and educational content for reformer Pilates instruction. The Services do not constitute, and are not a substitute for, medical, health or fitness advice. You are responsible for ensuring any programs you create or deliver are appropriate for your clients.

14.10 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

15. Definitions

15.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to the Services.

Authorised User means an employee, contractor or agent of yours who is authorised by you to access and use the Services under a user licence purchased by you.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of the Services (including the Services) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Personal Data means any information relating to an identified or identifiable living individual, in accordance with applicable UK data protection legislation.

Services means the services we provide to you, as detailed at the beginning of these Terms.