Last updated on 14 July 2022
Pilates & Yoga with Katja Ltd
Company number: 14225556
Thank you for your interest in our online Pilates & yoga classes! In these terms, we also refer to Pilates & Yoga with Katja as "our", "we", or "us". And you are you!
These terms apply when you use this Website, being https://www.pilatesyogawithkatja.com, and any other websites we operate with the same domain name and a different extension (Website). These terms also apply when you purchase a one-off Pilates or yoga class accessible via Zoom (Zoom Class), or subscribe to a monthly or annual membership for access to all pre-recorded videos in our content library (Membership) through this Website (collectively, the Content).
If you're looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.pilatesyogawithkatja.com/pages/privacy-policy.
We separated these terms into three parts, so they are easy to read and understand:
PART A: Terms for when you sign up for Content (applies when you buy)
PART B: Terms for when you browse and interact with this Website (applies when you browse)
PART C: Liability and warranties, and interpretation provisions (applies to buying and browsing)
Please let us know if you have any questions about these terms, and don't continue using this Website or purchase any Content unless you have read and agree to these terms.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14-day right to change your mind and get a full refund on your digital content. You do not have this right to cancel the digital content once the digital content has been supplied to you, provided you have been told this and have agreed to waive your cancellation right.
By purchasing a Membership, you consent to receiving access to the Membership and its applicable inclusions immediately at the time of purchase, and you acknowledge that this means you lose your right to the 14-day cancellation period under the Consumer Rights Act 2015.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06. This information is not intended to replace the terms and conditions below, which you should read carefully.
By submitting an order for purchase of Content using the Website's functionality (Order) you represent and warrant that:
(i) you have the legal capacity to enter into a binding contract with us and are over the age of 18; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Content you have ordered in exchange for your payment of the total amount listed upon checkout.
This Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order has been accepted.
To place an Order and to access the Content, you will be required to sign up for a personal account (Account). When you sign up for an Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you're solely responsible for:
(i) maintaining the confidentiality and security of your Account information and your password. Do not share your Account information (including login details and passwords) with anyone else; and
(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.
Our Content is carefully designed to improve your understanding and technique of Pilates and yoga.
We will endeavour to ensure that the Content provided will be substantially the same as the Content described on our Website.
Depending on your Order, the Content will include:
(i) a one-off single Pilates and yoga class accessible via Zoom (Zoom Class); or
(ii) access to pre-recorded Pilates and yoga in our content library (Content Library), with payment either on a monthly or annual basis (Membership).
We may also offer add-on bundles of pre-recorded classes for purchase in addition to your Membership (Add-Ons). Add-Ons are considered Content for the purposes of this agreement and are paid on a one-off basis. Bundles may be rented for a specific time period or bought permanently. They are accessed via your account.
We do not guarantee that any new classes will be added to our Content Library, and we do not guarantee that any classes on the Content Library from time to time will remain accessible in the Content Library, and we reserve the right to remove classes from the Content Library at any time.
If you subscribe to a Membership, you will be granted access to your Content by logging into the Website using your Account details. The Content is provided in a video format, to be viewed online through your Account and not downloaded.
It is your responsibility to access the Zoom Class at the scheduled start time. You will not be entitled to reschedule the Zoom Class due to your failure to attend the Zoom Class at the scheduled start time or are otherwise not able to access the Zoom application due to reasons beyond our control.
The Content provided as part of your Order may, from time to time, include additional material such as informational handbooks. These terms apply to any additional Content provided by us.
You are granted a licence to use the Content purchased by you for your own purposes. Each Account must only be used by one person, and you must not give access to your Account to any other person.
Your licence will continue:
(i) for the duration of the Zoom Class; or
(ii) for the period that you maintain a valid Membership, as long as we are in operation as a business.
We will only revoke your licence if we suspect that you are misusing the licence, for example by distributing the Content to other people or giving access to your Account to other people, or if you otherwise do not comply with this agreement.
You must pay for all Content at the time specified when placing an Order.
We may use third-party payment providers (Payment Providers) to collect payments for Content, currently Stripe and PayPal. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
In the event that we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
All prices are:
(a) as displayed and accepted by you at the time of checkout;
(b) payable at the time of placing an Order;
(c) per class (or bundle of classes, as applicable); and
(d) subject to change without notice prior to you completing an Order.
After your 7-day free trial (if applicable), you must pay fees to us in the amounts and at the times specified at the time of check-out, either on a monthly or annual basis (Membership Fees).
All Membership Fees must be paid in advance.
We reserve the right, from time to time, to change the Membership Fees. We will notify you in advance if we do this.
Membership Fees will be taken using direct debit (DD). If you have signed up for a Membership, you:
(i) authorise direct debit in line with our Payment Provider's separate DD Authorisation Form and any DD Agreement as applicable;
(ii) agree to enter into any DD Agreement required by our Payment Provider;
(iii) authorise us to charge your bank account or credit card in advance in line with any DD Authorisation Form and any DD Agreement;
(iv) must ensure that there are sufficient funds available in your account to allow our Payment Provider to debit the Fees payable;
(v) acknowledge and agree that there may be additional payments required from the Payment Provider if you miss of fail to make any payment. These terms are separate and in addition to these Terms; and
(vi) acknowledge that we will not pay any charge back amount if you fail to cancel your Membership in accordance with this clause.
By choosing a recurring payment plan, you acknowledge that your Membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Membership. We may submit periodic charges for the Membership Fees without further authorization from you, until you provide prior written notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorization or change your payment method, please contact us via our Website.
(i) Unless otherwise agreed in writing, the Membership Fees are due and payable on a monthly basis, with the first payment being due on the date you place your Order or the date immediately following any 7-day free trial period (if applicable).
(ii) Your Membership will continue to renew on a monthly basis indefinitely, and you must pay Membership Fees in respect of each monthly period, unless you notify us at least 24 hours before the start of your next monthly billing period that you want to cancel your Membership. Otherwise, we will continue to debit the Membership Fees from your account each month.
(i) Unless otherwise agreed in writing, the Membership Fees are due and payable on an annual basis, with the first payment being due on the date you place your Order or the date immediately following any 7-day free trial period (if applicable).
(ii) Your Membership will continue to renew on an annual basis indefinitely, and you must pay Membership Fees in respect of each annual period, unless you notify us at least 24 hours before the start of your next yearly billing period that you want to cancel your Membership. Otherwise, we will continue to debit the Membership Fees from your account each year.
If you signed up for a Membership that includes a 7-day free trial period, you will not be charged Membership Fees if you cancel at least 24 hours before the 7-day free trial period ends.
Subject to clause 4.1(e), by signing up and purchasing a Membership:
(i) you consent to receiving access to that Membership and its applicable inclusions immediately at the time the purchase of your Membership has been accepted by us; and
(ii) you acknowledge that this means you lose your right to the 14-day cancellation period under the Consumer Rights Act 2015 and you will not receive a refund if you cancel your Membership prior to the end of the relevant billing period.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you're entitled to a repair or a replacement. Please get in contact with us if you believe you are entitled to a repair or replacement of the Membership Fees.
We may cancel your Membership by giving you 3 months' written notice prior. If you have purchased an annual Membership, we will refund you on a pro-rated basis for the remainder of your Membership period.
On cancellation of your Membership, once the then-current monthly billing period ends:
(a) you will no longer have access to the Content; and
(b) we will delete any personal information and account details 6 months after cancellation.
You may cancel or reschedule a Zoom Class you have booked by providing us 48 hours written notice prior to the scheduled start time of the Zoom Class. To the extent permitted by law, you will not be entitled to a refund if you cancel less than 48 hours prior to the scheduled start time of the Zoom Class.
We retain all intellectual property rights in the design of the Content. You must not attempt to copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher, decompile, download or otherwise commercialise the Content.
In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
You may publish photos of or reviews on the Content online or on social media (or both), and we ask that you please provide accreditation to Pilates & Yoga with Katja by reference or hashtag. We reserve the right to require you to remove any posts that feature the Content or remove any accreditation to us.
If you provide photos to us of anything you produce as a result of the Content or post reviews on the Content, we may publish those photos or reviews online, including on our Website or social media accounts, without any rights of accreditation to you. We may accredit you if appropriate information is provided.
Pilates and yoga provides great benefits, but only you know your own body and your limits. The Pilates and yoga techniques taught in the Content may be advanced in skill level and can be dangerous. Not all classes available in the Content are suitable for all users, and participating in the classes may expose you to risks, including accidents, serious injury or property damage. Only those with the relevant level of skill, competence and physical aptitude should take part in the Content.
The Content is generally not suitable for pregnant women unless specifically agreed between you and us, and if you have sought medical advice prior to confirm that it is appropriate and safe for you to take part in the Content.
We are not mental health professionals or medical professionals and do not provide medical advice, including advice on diagnosing, examining, and treating medical conditions. Any information included in the Content is not a substitute for medical advice.
Before relying on the Content or taking part in classes, seek medical advice to evaluate any risks. By not seeking such advice, you accept the risk that the Content may not be right for you.
We do not guarantee that the Content will lead to specific outcomes as individual results are based on a large variety of factors.
Any recommendations provided by us as part of the Content are not to be taken as medical advice and are not exhaustive of all possible solutions or remedies.
Any information provided to you as part of or in connection with the Content is general in nature and may not be suitable for your circumstances. We do not guarantee the accuracy, correctness or completeness of any information provided in the Content.
We make no guarantees as to the resolution or quality of the Content while streaming or otherwise viewing the Content. The viewing quality of the Content will depend on a variety of factors including your internet speed, location, the device on which you are accessing the Content, bandwidth and download speed.
It is your responsibility to comply with applicable Laws, including privacy laws.
We use a third-party video platform, Uscreen, to upload and distribute the Content. By using the Content, you acknowledge and agree that Uscreen's terms & conditions may apply. You agree to Uscreen's terms & conditions, and we will not be liable for any loss or damage suffered by you in connection with such terms.
The Content may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Content may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
By using the Content, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply. You agree to any Third Party Terms applicable to any third party goods and services, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Pilates & Yoga with Katja;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Content;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Pilates & Yoga with Katja, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Website will be free from errors or defects (or both, as the case may be);
(ii) the Website will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website will be secure or confidential; and
(v) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
Pilates & Yoga with Katja retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Pilates & Yoga with Katja or as permitted by law.
In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world.
You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.
You agree to any Third Party Terms applicable to any third party goods and services, and Pilates & Yoga with Katja will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.
To the maximum extent permitted under applicable law and our agreement with our third party hosting provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
Pilates & Yoga with Katja does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Content or services provided by us, is limited to the total Fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability.
All express or implied representations and warranties in relation to Content and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':
(i) breach of any of these terms;
(ii) use of the Website; or
(iii) use of any Content, or other goods or services provided by us.
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Content or services provided by us (except to the extent this liability cannot be excluded under law).
Nothing in these terms will exclude or limit a party's liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party's negligence.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
(a) Singular and plural — words in the singular includes the plural (and vice versa);
(b) Gender — words indicating a gender includes the corresponding words of any other gender;
(c) Defined terms — if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) Person — a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) Party — a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) These terms — a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(g) Document — a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(h) Headings — headings and words in bold type are for convenience only and do not affect interpretation;
(i) Includes — the word "includes" and similar words in any form is not a word of limitation; and
(j) Adverse interpretation — no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified by us, or if no email address is specified, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.