TERMS OF SALE OF DIGITAL CONTENT COMPRISING PILATES INSTRUCTION AND NUTRITIONAL THERAPY WORKSHOPS

BACKGROUND:  

  • These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, www.kayshathomas.com (“Our Site”).  

  • Terms and information that are specific to accessing Pilates instruction from or via Our Site using the Zoom cloud-based web conferencing or Skype platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale. 

  • Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.   

  • All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We: 

  1. are required by law to give to You before You order a Subscription; or  

  2. voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription. 

  • We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment below. 

  • These Terms of Sale, as well as any and all Contracts, are in the English language only. 

  • These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”. 

1.Definitions and Interpretation  

  1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account” means the account, referred to in Sub-Clause 7.1, that You must setup with Us in order to purchase any Subscription; 

“Background Items” means background and other information about the history and practice of Pilates and health and fitness downloadable or viewable as text/graphics; 

“Consumer” means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession; 

“Contract” means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7; 

“Paid Content”  means any digital content (including text, graphics, images, audio, and video) comprising Pilates, nutrition workshops, any training, teaching or instruction session or course, or materials or other information related thereto, sold by Us through

 

Our Site and made available by Us on or via Our Site by means of  

either

(a) two-way synchronous live stream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx;  

or

(b) asynchronous live stream video and/or audio or recorded non-downloadable video and/or audio of one or more items  

either 

provided on Our video/audio streaming platform accessed on Our Site 

or 

hosted on another’s website, e.g. Youtube] via a link that We provide to You; 

and 

(c) downloadable or other viewable text, graphics or other non-video, non-audio items or information, including Background Items. 

Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or other individual(s) presenting any digital content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced; 

“Subscription” means a subscription to Our Site purchased by You which provides You with access to Paid Content which comprises either: 

(a) one or more specific single events or items; and/or 

(b) one or more series or collections of two or more specific events or items; and/or 

(c) one or more or all types of events or items available on or via Our Site; and 

(d) the Background Items.

  

We will give You information about the period of access to (a), (b) and (c) before You purchase the Subscription which will include the information described in Sub-Clause 7.4.6.  

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;  

“Subscription Confirmation” means Our acceptance and confirmation of Your purchase of a Subscription; 

“Subscription ID” means the reference number for Your Subscription; and 

“We/Us/Our” means Kaysha Thomas of Charterhouse Clinic, 98 Crawford Street, London W1H 2HL


2.Information About Us 

2.Our Site, www.kayshathomas.com, is owned and operated by Kaysha Thomas of Charterhouse Clinic, 98 Crawford Street, London W1H 2HL.  

3.We are regulated by British Association for Nutrition and Lifestyle Medicine 

4.We are a member of Complementary and Natural Healthcare Council (CNHC) and The Chartered Institute for the Management of Sport and Physical Activity (CIMSPA)

5.Kaysha Thomas is a qualified Nutritional Therapist and Pilates Instructor

3.Contacting Us 

6. If You wish to contact Us with general questions, You may contact Us by telephone at 07583 000 109, by email at hello@kayshathomas.com, or by post at Charterhouse Clinic, 98 Crawford Street, London W1H 2HL.

7. For matters relating to Paid Content or Your Subscription or Account, please contact Us by telephone at 07583 000 109, by email at hello@kayshathomas.com, or by post at Charterhouse Clinic, 98 Crawford Street, London W1H 2HL. 

8. For matters relating to cancellations, please contact Us by telephone at 07583 000 109, by email at hello@kayshathomas.com, by post at Charterhouse Clinic, 98 Crawford Street, London W1H 2HL, or refer to the relevant Clauses above. 

9. To make a complaint, see Clause 15. 

4.Consumers only and Age Restriction 

Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least eighteen (18) years of age may they do so. 

 

5.Business Customers 

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation. 

 

6.Subscriptions, Paid Content, Pricing and Availability 

10. We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.  Please note, however, that due to the nature of Pilates tuition, class length may be slightly longer or shorter than described.

11. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it.  Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect. 

12. We may, from time to time, change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 48 hours before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1. 

13. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You. 

14. In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 48 hours before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1. 

15. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description. 

16. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every 6 months. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however). 

17. All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing. 

18. If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4. 

19. If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order. 

20. All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment. 

7.Orders – How Contracts Are Formed 

21. Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it. 

22. If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information. 

23. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email.  Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You. 

24. Subscription Confirmations shall contain the following information: 

1. Your Subscription ID; 

2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it; 

3. Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges; 

4. The duration of Your Subscription (including the start date, and the expiry and renewal date); 

5. Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1; 

6. In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period; and 

25. In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 5 days. 

26. Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. 

27. Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription. 

8.Payment for Subscriptions 

28. Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment). 

29. We accept the following methods of payment on Our Site: 

1. Credit and Debit card payment

2. Paypal

30. If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 24 hours of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable. 

31. If You believe that We have charged You an incorrect amount, please contact Us at hello@kayshathomas.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.   

9.Provision of Paid Content 

32. We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.  

33. Paid Content appropriate to Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:  

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.  

9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 Minutes but if the start is delayed by more than that period then We will offer you the option to rebook for a later date or different session, offer a full refund if you cannot attend another booking to compensate You for any inconvenience or loss that You suffer as a result. 

9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).  Please see sub-Clause 12.1 for more information. 

9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons: 

9.4.1 To fix technical problems or to make necessary minor technical changes; 

9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements; 

9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5. 

9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 12 hours.  If the suspension lasts (or We tell You that it is going to last) for more than 48 hours, You may end the Contract as described below in sub-Clause 13.2. 

9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You.  We will inform You of the non-payment on the due date, however if You do not make payment within 24 hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended. 

9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. 

9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription. 

10.Licence 

34. When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties). 

35. The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions: 

1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); 

10.2.2 You may not use any two-way livestream facility which is or is part of a Paid Content item or event to communicate or make accessible to any other person accessing or participating in that item or event  anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of item or event; 

11. Problems with the Paid Content 

36. By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through Your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows: 

  1. If the Paid Content has faults, You will be entitled to a repair or a replacement. 

  2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund. 

  3. If You can demonstrate that the fault has damaged Your device or other digital content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation.  Please refer to sub-Clause 14.3 for more information. 

37. Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage. 

38. If there is a problem with any Paid Content, please contact Us at hello@kayshathomas.com or visit the contact page on Our Site to inform of the problem. 

39. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund. 

40. Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription

41. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office. 

12.Cancelling Your Subscription 

42. If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first. 

43. After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end. 

44. If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content.  Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable). 

45. If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on Our Site and will include a link to it with the Subscription Confirmation.  Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details: 

  1. Telephone: 07583 000 109

  2. Email: hello@kayshathomas.com

 

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID. 

46. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however, please note that You are under no obligation to provide any details if You do not wish to.

47. Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel. 

48. Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription. 

13.Your Other Rights to End the Contract 

49. You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to.  If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a pro-rata refund for any unused portion of your subscription. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date. 

50. If We have suspended availability of the Paid Content for more than 12 hours, or We have informed You that We are going to suspend availability for more than 24 hours, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a pro-rata refund for any unused portion of your subscription. 

51. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a pro-rata refund for any unused portion of your subscription. 

52. If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a full refund. 

53. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office. 

54. Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription. 

55. If You wish to exercise Your right to cancel under this Clause 13, If You would prefer to contact Us directly to cancel, please use the following details: 

  1. Telephone: 07583 000 109

  2. Email: hello@kayshathomas.com

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID. 

 

56. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however, please note that You are under no obligation to provide any details if You do not wish to

14.Our Liability to Consumers 

57. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. 

58. Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity. 

59. If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages Your device or other digital content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if: 

  1. We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or 

  2. The damage has been caused by Your own failure to follow Our instructions; or 

  3. Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription. 

60. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us. 

61. Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office. 

62. We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).  

 

15.Complaints and Feedback 

  1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. 

  2. If You wish to complain about any aspect of Your dealings with Us, please contact Us by email, addressed to hello@kayshathomas.com

16.How We Use Your Personal Information (Data Protection) 

We will only use Your personal data as set out in Our Privacy Policy available from here.

17.Other Important Terms 

17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them. 

17.2 You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.  

17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms. 

17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect. 

17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract. 

17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above). 

18.Law and Jurisdiction 

  1. These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales. 

  2. As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions. 

  3. As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.  

 

19.Content Copyright

1. All information on this Site, including any and all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by Kaysha Thomas, with the exception of the content you submit to us set forth in the section below. 

 

2.0The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of my Site does not grant you any ownership rights to the Content of my Site. 

 

3. The reproducing in any format (including on another website) of any part of my Site (including content, images and designs) without my prior written consent is strictly prohibited.  

 

4. Requests for prior written consent should be addressed to the following email: hello@kayshathomas.com

 

5. You may provide links to my Site as long as: 

  • you clearly give credit to me as the author, 

  • include a hyperlink to my Site, 

  • you do not remove or obscure any portion of my Site by framing or otherwise,  

  • your website does not engage in illegal or pornographic activities, and  

  • provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it.  

 

6. You must not provide links in such a way as to suggest any form of association, approval or endorsement on my part without my prior written consent. 

 

7. You must not provide links from any website that is not owned by you. 

 

8. You must cease providing links to my Site immediately upon my request. 

20.Content You Submit to Me

1. You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to me on the Site or on any of my social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to me”).  

2. You expressly acknowledge and agree that once you submit the content to me, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.  

3. You, and not I, are entirely, and solely, responsible for all the content you submit to me. I do not claim ownership rights in the content you submit to us. However, you hereby grant to me a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.  You represent and warrant that:

 

  • the content you submit to me is your original creation or you own the content or otherwise have the right to grant the license set forth above  

  • the content you submit to me does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,  

  • the content you submit to me does not result in a breach of contract between you and a third party, 

  • the content you submit to me does not contain any libelous, defamatory, or obscene material or content that violates my terms of use or those of my social media accounts. 

 

4. You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to me and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

Attachment

2. Use of the Zoom web-conferencing platform OR Skype to access pilates online instruction  

We only offer Pilates instruction online (referred to below as “Instruction”). We use technology which allows Us to provide You with Instruction provided that You have the appropriate technology (see below) to receive that Instruction. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”) OR Skype for Business,

Where We are to make any of the Instruction available by means of Zoom OR Skype for Business rather than any other platform, it will be on the following basis. 

3.The technology that We will be responsible for providing 

We will subscribe to Zoom and Skype for Business and will pay any necessary fees to Zoom or Skype for Business to maintain that subscription. It will enable Us to act as “host” and to provide the Instruction to You over the internet via the Zoom or Skype for Business facility.  

To receive or participate in any Pilates] instruction via Zoom or Skype for Business, You will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for use of the Zoom or Skype for Business facility or to join that session: You will only need to pay for the Instruction made available by Your Subscription.   

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom or Skype for Business App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or Skype for Business.  

4. The technology and other items that You will be responsible for providing 

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Instruction via Zoom or Skype for Business.  

You will need have access to and use the following non-exhaustive list of facilities for this purpose: 

(a) An appropriate functioning Device which is adequately charged; 

(b) An up to date Zoom or Skype for Business App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Instruction; 

(c) Stable, reliable, internet access with adequate speed; 

(d) A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise; 

(e) Suitable exercise clothing; and 

(d) A yoga/pilates mat and, as advised by Us before You place Your order for a Subscription, any other exercise equipment that You will need.

We do not make supply or make available the Zoom or Skype for Business platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or Skype for Business as the third party provider of the platform to You imposes on such download and use. 

Paid Content consisting of Background Items is not provided via the Zoom or Skype for Business platform but is instead downloadable directly from Our Site. 

 

5. Scope of what We provide 

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.  

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not, therefore, take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable to You under Sub-Clause 14.3.

We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):  

(a) Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or  

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or 

(c) Failure of or defect in the Zoom or Skype for Business platform used by Us or You to make Instruction available to You; or 

(d) Your inability to access Instruction due to failure of or defects in Our Site etc. 

6. Account setup needed 

In order to purchase any Subscription and receive any Instruction, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup. You may not create an Account if You are under 18 years of age. 

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK. During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.  You may be asked for additional information regarding Your Account, such as Your e-mail address. 

 

7. Your responsibility for Your Account and its security 

 

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account. 

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account. 

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question. 

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date. If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.  

8. Your privacy and security on each occasion when You access Instruction 

EITHER 

Note that all Instruction that You purchase will be accessible only to You as an individual private lesson.

OR 

Where any Instruction that You access is two-way synchronous live stream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session.  

Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:  

(a) When You sign in to Zoom or Skype for Business, You should indicate Your first name only since Your name will be visible to Our other customers taking part;  

(b) You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom or Skype for Business App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;  

(c) The space You use should be free of others and it should be difficult to see or hear via the Zoom or Skype for Business App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones; 

(d) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information; 

(e) We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving customers in addition to You; and 

(f) In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two-way session in order to protect Your privacy and that of others in or near that space. 

We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

9. Fitness, Health and Safety 

You acknowledge and agree that: 

a. An exercise session (“event”) may be physically strenuous 

b. Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.  

c. Due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident 

d. The teacher at each event will be appropriately qualified as a Pilates teacher and will be competent to conduct the event  

e. Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional; 

f. You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;  

g. When You setup an Account, and also when You purchase any Subscription, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase. 

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing. 

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event.  

When You purchase a Subscription and at least 48 hours before You participate in any event, We advise You to tell Us: 

(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at an event; 

(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activities at an event or to use any equipment or facilities that You will or might use; 

(c) Of any circumstances affecting Your health which may be worsened by any activities at an event; and 

(d) None of Our classes are suitable for those who are pregnant or 12-weeks postpartum.

We will discuss with You any such matter that You tell Us, and We will inform You if We decide not to accept Your order for a Subscription because of that medical, health or fitness issue or special need. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the issue.