CONDITIONS OF USE
This Site is owned and operated by Liz Daffen Yoga & Pilates.
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services any terms and conditions relating to the sale and purchase of Products on the Site.
Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions. Liz Daffen’s website (the “Site”) is designed to provide you with high quality video of yoga, Pilates, meditation, strength and stretch routines, information about wellness and bringing together a community of people that are interested in yoga, Pilates, health and wellness. The Site is not intended for those below the age of 18. Please do not use this site if you are under the age of 18.
PLEASE NOTE THAT WE DO NOT GIVE REFUNDS.
- Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered on the Site as a user). If you do not accept the terms of this Agreement, you must discontinue use of the Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
Important Liability Statement
The use of the Services and Products require a high level of responsibility and self-awareness in order to avoid injury. Before using any of the Services and Products, it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the Services and Products are suitable for you. Before commencing any exercise program and before making changes to your existing exercise, you should consult your physician or other qualified Healthcare Provider in order to ascertain whether the programs and changes are appropriate for you. You are responsible for your own safety. A very important part of your own journey is to assume responsibility for your own wellness, your own body and your health. Please listen to your body and when in doubt, hold back on any exercise regime. From time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against the Company, or any person or entity involved with the Company including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You assume all risk of injury by using the content, Services and Products. Please do not use the content, Services and Products if you are not willing to accept this responsibility.
No content or other information contained on or provided through the Site or provided by the Company by email or in any manner whatsoever should be construed as medical and/or health advice. Always seek the advice of your physician or other qualified Healthcare Provider for answers to any questions you may have regarding a medical or health related condition. Neither the content, other information contained on the Website, nor any other Service offered by or through the Company is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
There is absolutely no guarantee, representation, warranty or undertaking that you will not suffer injury arising out of participation in any physical activity as shown on the Site or that your fitness, health or wellbeing will improve as a result of participation in the Services. Your health and wellness will improve as part of an all-round change in diet and activity level as advised by your Healthcare Provider.
LIABILITY: We try to make sure that all information that we post on the Site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, and subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any articles posted by a third party) or provided through any Service supplied by us to you.
In these terms and conditions, the following definitions apply:
1.1 “Services” means any information, video content, photos, articles and services ordered and/or provided by the Company through or via the Site and all services offered as part of the membership subscription or when viewed as a Visitor. Any electronic information supplied to you by the Company will constitute part of Service not a Product and any cancellation rights will apply and be interpreted accordingly.
1.2 “Products” means any products offered for sale on the Site.
Use of this Site Generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any purpose including any commercial purpose including for selling any goods or services.
2.2 The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in the Company’s brands trade marks and logos (“Materials”) are owned by the Company or its third party licensors. You acknowledge and agree that all Materials on the Site are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
2.3 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of the Company or any third party.
2.4 the Company accepts no obligation to monitor the use of the Site. However, the Company reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Company will also, in its absolute discretion, fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
Your Personal Information
3.1 Usage of your personal information is governed by the Company’s Privacy & Cookies Policy, which forms part of these Terms and Conditions. In the event that the Company undergoes reorganisation or is sold to a third party, you agree that any personal information the Company holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy & Cookies Policy.
3.2 The Company’s Privacy & Cookies Policy sets out how your personal data may be shared with third parties, including operators of loyalty schemes / rewards programmes under which you may collect points relating to Products and Services available through the Site.
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site, the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, the Company does not enter into conditions, warranties or other terms in relation to the Site, the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
4.2 The Site includes links to external sites, e-mails and co-branded pages. The Company has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. The Company is not responsible for the content of these site and pages or for anything provided by them.
4.3 Subject to the important liability statement, the Company is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
Suspension and termination of Service
5.1 the Company may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
5.2 the Company may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
6.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
7.2 From time to time, the Site may accept pre-orders for Services and/or Products that are not currently available but which are intended to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulfilment partners) have confirmed to you by email that the Services are ready to start or the Products are ready to be dispatched (as the case may be). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Where you submit a pre-order, we do not charge your debit/credit card the full amount until the Services are ready to start or the Products are ready to be dispatched (as the case may be), but we do charge a nominal amount (typically, 10 pence) at the pre-order stage (just to ensure that your debit/credit details are correct) which we will then deduct from the balance to be automatically charged to the same debit/credit card when your order is ready to be fulfilled.
Your use of the Site may start with a free trial. The free trial period lasts for 14 days, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. We reserve the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing for your membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click “Your Account” page. We may authorise your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “YOUR ACCOUNT” LINK TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your for your membership fee until you cancel.
8.1 The Services are offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. 3 months, 6 months or one year) and you may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Site. Additionally, we may offer promotional subscription Services, which offer a one off up-front payment fee (e.g. for 3 months) with a commitment to subscribe for e.g. the following 9 months. Monthly subscription may be available with a twelve month commitment or with no commitment. Payment for the Services will be made via the Site in accordance with the procedure and pricing explained on the Site.
8.2 If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription by clicking on your Account details.
8.3 If you choose a subscription with a fixed commitment period (e.g. 3 months) then, at the end of that period your subscription will automatically renew until you cancel by clicking on your Account.
8.4 We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any Services, including your subscription, in the event of problems with the debit/credit card.
8.5 Subject to your cooling off right stated in clause 12 and your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable. Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in the Company deducting the balance of payments due immediately.
8.6 If your subscription begins with a promotional period, you will be automatically charged for the subscription rates to which you agreed on expiry of that promotional period unless you cancel your account through clicking on My Account.
8.7 Any studio, corporate or group membership rates are only available to employees/members of the specified studio, organization or group (or other parties such as contract staff and/or friends or family if the offer is specifically extended to such parties). Any attempt to subscribe to such a plan without entitlement to do so may result in the Company deducting the balance of payments due immediately.
Cooling Off Rights
9.1 Services: You may cancel Services including any subscription within 7 days after the day of ordering by cancelling through your Account area of the website in these terms and conditions, save that this right will cease once you use your password to log on to the members only part of the Site or to access the Services ordered (or subscribed for) for the first time during that 7 day period.
9.2 Third Party Products: You may order products, merchandise or services through the Site from parties other than the Company (“Third Party Products”). All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between you and the party supplying the Third Party Products. The Company provides no warranties or representations whatsoever with regard to any Third Party Product. The Company will not be considered or be construed as a party to such transactions, regardless as to whether the Company may have received some form of revenue or other remuneration in connection with such transactions. The Company will not be liable for any costs or damages arising out of, either directly or indirectly, you or any third party involved or related to the transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of your purchase together with details of your statutory rights.
Statutory Rights and Refunds
10.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
11.1 The Company may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these terms and conditions without losing them. You agree that the Company may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
11.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
11.3 This Site and the Company are located in England and in case of any International orders, subscriptions or contracts, this Agreement shall be construed as being performed in England.
11.4 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to: firstname.lastname@example.org.
Third party contributions
12.1 Articles: Articles on this site may be submitted by third parties and the Company is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.
Nothing contained on this Site, and no service supplied through or in connection with this Site, constitutes medical advice. It is your responsibility to obtain your own medical advice as to the suitability for you of any exercise regimes and other services recommended or offered on or through this Site.