PLEASE READ THIS TERMS OF BUSINESS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE
YOOPOD TERMS OF BUSINESS
These Terms will apply to any contract between us for the subscription to our site and the purchase of Services from us (the “Contract”). Please read these Terms carefully and make sure that you understand them, before subscribing to our site. Please note that before subscribing to our site you will be asked to agree to these Terms.
You should print a copy of these Terms and our terms of website use or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 5. Every time you wish to order any Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 1st October 2016.
These Terms, and any Contract between us, are only in the English language.
All charges relating to subscriptions to our site or our Services will be as set out on our site from time to time and will be stated inclusive of VAT (where applicable)
1. INFORMATION ABOUT US
1.1 We operate the website https://www.yoopod.com We are Pilates On Demand Limited (trading as yoopod), a company registered in England and Wales under company number 07730038 and with our registered office at 34 Verdun Road London SW13 9AX, UK.
1.2 To contact us, please see our Contact Us page
2. OUR SERVICES
2.1 Our subscription process allows you to check and amend any errors before submitting your subscription to us. Please take the time to read and check your subscription at each stage of the process.
2.2 When you subscribe to our site, this does not mean we have accepted your subscription. Our acceptance of your subscription will take place as described in clause 2.3. If we are unable to supply you with the Services, we will inform you of this and we will not process your subscription.
2.3 These Terms will become binding on you and us when we issue you with a written acceptance of your subscription to the email address specified in your subscription at which point a contract will come into existence between you and us.
2.4 The Contract constitutes the whole agreement between you and us.
2.5 Any samples, drawings, descriptive matter or advertising issued by us or on our site are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.6 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to our site. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. If our Services are suspended due to a technical problem with our site which we do not resolve within 48 hours, we shall make appropriate refunds to you strictly relating to the period the Services were suspended.
2.7 Our subscription charges may vary from time to time and you should check our site to ensure that you are aware of any change in our charges. Any change will not affect previous payments made for your subscription.
2.8 You will be able to subscribe to our site by:
(a) paying for an annual rolling subscription; or
(b) paying for a monthly rolling subscription (in which case our monthly subscription charges will be payable monthly in advance),
in each case, in accordance with the instructions on our subscription page. All memberhsip plans will renew automatically at the end of the relevant period.
2.9 All subscription charges must be received by us in cleared funds. If we do not receive your subscription monies on their due date for payment, we may suspend the services with immediate effect until you have paid us the outstanding amounts. We will contact you to tell you this.
2.10 If you are a new member you shall be entitled to 14 calendar days’ complimentary subscription (the “Complimentary Period”) beginning on the day you receive our acceptance of your subscription and ending at 6PM UK Time on the 14th day. In order to qualify for your Complimentary Period you will need to provide your credit/debit card details during the subscription process. Payment for your monthly or annual subscription (as the case may be) will be processed and debited from your account following the expiry of your Complimentary Period.
3. USE OF OUR SITE
Your use of our site is governed by our terms of website use (see below). Please take the time to read these terms, as they include important information which applies to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. OUR RIGHT TO VARY THESE TERMS
5.1 We may revise these Terms from time to time including (but not limited to) in the following circumstances:
(a) changes in how we accept payment from you; and
(b) changes in relevant laws and regulatory requirements.
5.2 Every time you subscribe to our site or purchase any Services from us, the Terms in force at that time will apply to the Contract between you and us.
5.3 Whenever we revise these Terms in accordance with this clause 5, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
6. YOUR CANCELLATION AND REFUND RIGHTS
6.1 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in this clause 6. This means that if you change your mind or for any other reason you decide you do not want to continue with your subscription, you can notify us of your decision to cancel the Contract using the cancellation form in your “My Yoopod” account section.
6.2 Cancellations during the Complimentary Period: If you cancel your subscription at any time within the Complimentary Period (as defined in clause 2.10) by using the cancellation form in your “My Yoopod” account section, your subscription will be cancelled and you will not be charged. Please note – any cancellation requests after 6pm UK time on the 14th day of your Complimentary Period will be treated according to clause 6.3
6.3 Cancellations following the expiry of the Complimentary Period: All payments for subscriptions are non-refundable. Please note – cancellation requests must be made before 6pm UK time on the day before the experation of your pre-paid period. If you cancel your account prior to the expiration of your full pre-paid subscription period (either Monthly or Annual period), you will forfeit the Fees paid for any unused portion of your subscription and your cancellation request will apply to the following payment. You will be able to continue viewing all content until the expiration of your current pre-paid subscription period.
6.4 Details of your legal right to cancel and an explanation of how to exercise it are provided in our acceptance of your subscription.
7. OUR LIABILITY
7.1 You acknowledge and confirm that you are in good mental and physical health and are unaware of any reason why you are unsuited to taking part in any of the Services or may be likely to suffer illness or injury when taking part in the Services we offer on our site. If you are in any doubt whatsoever about your ability to take part in the Services we offer on our site, you should seek appropriate medical advice from a suitably qualified health professional. Any information on our site should not be considered a substitute for consultation with a suitably qualified health professional.
7.2 By using our site and agreeing to these Terms, you agree that you have sought the professional advice of a suitably qualified health professional and that they have agreed that you are able to undertake the Services offered on our site.
7.3 By subscribing to our site and our Services, it is your responsibility to ensure that the area that you exercise in is safe and that you stop exercising immediately if you notice any detrimental physical effects. You confirm that in this case, you will seek the advice of a suitably qualified health professional and will not continue to use any of our Services unless that health care professional has advised you that you are fit and able to do so.
7.4 We can accept no liability whatsoever in the event of injury, loss or damage you suffer as the result of undertaking the Services provided on our site.
7.5 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
7.6 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.7 We do not in any way exclude or limit our liability for any matter which cannot be excluded or limited under applicable law including:
(a) fraud or fraudulent misrepresentation;
(b) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(c) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(d) defective products under the Consumer Protection Act 1987.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 8.2.
8.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
8.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
9. OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms.
9.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
9.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
9.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
YOOPOD TERMS OF WEBSITE USE
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your network to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any matter which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the subscription to our site and for the supply of our services formed through our site or as a result of visits made by you are governed by our terms of business (see above).
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the following content standards:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that any such contribution does comply with these standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the above content standards.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out above.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
OTHER IMPORTANT TERMS APPLICABLE TO YOOPOD’S TERMS OF BUSINESS AND TERMS OF WEBSITE USE
If we fail to insist that you perform any of your obligations under our Terms or terms of website use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
COMMUNICATIONS BETWEEN US
When we refer to "in writing" in our Terms or terms of website use, this will include e-mail.
If you wish to contact us in writing, or if any clause in our Terms or terms of website use requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Yoopod at 34 Verdun Road, London SW13 9AX, United Kingdom or at email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your subscription.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site, our Terms or any Contract although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Our terms of website use, our Terms, any Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org or call us on +7813150551
Thank you for visiting our site.