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Full Terms and Conditions
1. INTERPRETATION AND VARIATION
1.1 In these Terms and Conditions the following definitions apply:
“All Active” or “All Active Pilates and Physio means All Active (N.I.) Ltd a company registered in Northern Ireland under company number NI 678048 CRN
"Class" means a class provided by or on behalf of All Active or its subsidiaries at the Studios or on-line.
"Class Pack" means the Package that entitles a Client to attend a set number of Classes before the expiry date of the package.
“Class Spot” means an allocated position in Class that Clients can book and are subject to capacity limits and restrictions
"Client" means any person that has completed a Registration Form which has been accepted by All Active.
“Instructor” means the duly qualified staff member of All Active hired (either as an employee or self-employed contractor) to lead the class that clients participate in.
"Monthly Subscription" or "Subscription" means the Membership with the rights and obligations set out in condition 3.
"Package" means the different types of Packages that a Client may purchase including but not limited to a Class Pack or Monthly Subscription membership.
"Registration Form" means the registration and/or application form completed by a Client whether electronically or otherwise.
"Studios" means any of All Active studios or subsidiaries (classes) as published on the Website from time to time
"Terms and Conditions" means these terms and conditions.
"Website" means www.allactivepilatesandphysio.co.uk
1.2 These Terms and Conditions are incorporated into the Registration Form and any Package is subject to these Terms and Conditions as amended from time to time.
1.3 All Active reserves the right to vary and revoke these Terms and Conditions from time to time which it may consider necessary or desirable for the regulation of the internal affairs of the Studios and/or the conduct of Clients. Any such changes will be published on the Website and, until revoked, are binding on Clients.
1. 4 Any reference to All Active shall automatically include All Active Pilates and Physio and all subsidiary companies owned or partly owned by All Active
1.5 In these terms any reference to the singular shall include the plural and vice versa, unless the context otherwise stipulates
2. MEMBERSHIP
2.1 Subject to condition 2.2, when a person has completed a Registration Form they shall become a Client of All Active subject to these Terms and Conditions. No person may become a Client or receive any services without first completing a registration form.
2.2 Acceptance of a person as a Client is in the absolute discretion of All Active.
2.3 A person shall cease to be a Client when they request their account is deleted. For the avoidance of doubt the provisions of condition 4 shall continue to apply after a person ceases to be a Client.
2.4 Subject to Clause 2.5, for Memberships, the relevant start date in determining that expiry date is the date the Membership began.
2.5 Packages shall expire in accordance with the specific expiry terms communicated during the purchase of that Package.
2.6 All Active reserves the right to expel from the Studios and classes, suspend for a specific period, terminate the Package of or refuse to renew the Package of any Client whose conduct is or may be, in All Active's reasonable opinion, damaging to the character of the Studios or amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of another Client. Any Client so expelled or that has their Package terminated or suspended shall forfeit all privileges of access to Studios and classes and shall not be entitled to any refund.
2.7 A Client may attend Classes according to the type of Package which they have purchased.
2.8 Details of prices of Packages are available at the Studios or on the Website and shall be such prices as determined by All Active from time to time.
2.9 Subject to any statutory right of cancellation, payments for Packages are non-refundable unless otherwise stated in these Terms and Conditions. Classes at All Active will be provided by the existing All Active Instructors. A Client shall not be entitled to any compensation, including without limitation a refund or a replacement class, where a specific Instructor is not provided.
2.10 Clients may cancel any purchase of any Package made online at any time up to the end of the 14th day from the date the Client receives confirmation of the ordered Package provided it has not been used. Clients do not need to give All Active any reason for cancelling the Package nor will Clients have to pay any penalty. Clients cannot cancel any Package if the Package has been used by booking or attending a Class. To cancel a Package under this condition 2.10, Clients must notify All Active in writing or by email. Once a Client notifies All Active that they are cancelling their Package, any sum debited to All Active from their credit or debit card will be credited to their account as soon as possible and in any event within 30 days of cancellation.
2.11 Any Package must only be used by the person in whose name the Package was purchased and breach of this condition will lead to termination of the Package.
2.12 All Active sells ‘introductory’ passes to new Clients and these shall strictly be limited to one purchase per customer. Any Clients found to have purchased the introductory offers more than once within one account or across multiple accounts will have the package removed and no refunds may be given. Should the Client have already used the classes under the introductory offer then those taken classes shall be charged at the full rate for a single class.
2.13 The 'Introductory' pass cannot be shared and is only for use by the purchaser.
3. MONTHLY SUBSCRIPTION
3.1 The provisions of this condition 3 shall only apply to a Client that applies for a Monthly Subscription Package by monthly payments as well as an Annual Membership.
3.2 Any Client, who is purchasing classes by Subscription, shall be entitled to participate in the number of classes stated in the package they purchased at the Studios or online until their Subscription terminates and any such Client will forfeit their Package if they fall behind in payment on the renewal date of their Subscription. Such Client shall remain liable for any outstanding payments.
3.3 Subscription fees must be paid in accordance with these Terms and Conditions irrespective of whether or not the Client uses the Studios' facilities.
3.4 Subscription fees may be increased at All Actives discretion. Clients shall be given at least 7 working days' notice of any increase in Subscription fees.
3.5 Subject to condition 3.6 and any right of All Active to cancel or suspend the Subscription, the Subscription will continue indefinitely unless and until a Client cancels their Monthly Subscription via email to hello@allactivepilatesandphysio.co.uk at least 30 days prior to their next billing cycle. The Client shall be solely responsible for cancelling their Monthly Subscription. No refunds shall be given to Clients in respect of any Subscription fees that have been paid.
3.6 Clients who do not wish to accept a change proposed by All Active to any Subscription fees may cancel their Subscription by cancelling their Subscription in accordance with condition 3.5.
3.7 If the Subscription is paid by debit or with credit card (or any Subscription fees remain outstanding beyond the due date) the Client unconditionally and irrevocably All Active to debit any credit or debit card provided by the Client with the monthly Subscription fee (or any outstanding fees) without notice to the Client.
3.7.1 Authorised debits in clause 3.7 include but are not limited to all late cancelled missed class fines under the monthly subscription as outlined in clause 3.8
3.8. For Clients on a Membership any classes where a customer is deemed a no-show shall be charged £5 per occurence. Classes cancelled at less than 12 hours notice will be forfeited.
3.9 Private sessions may only be cancelled with 24 hours notice or the session will be forfeited.
3.10. Annual Packages may be frozen for up to 1 times per annum for up to 8 weeks during July and August or more only in cases of medical issues, All Active reserves the right to ask for a letter from a GP or Physio in order to place any 'freeze' on the monthly Package.
4. LIMITATION OF LIABILITY
4.1 In consideration of All Active accepting a person as a Client, the Client agrees that:
4.1.1 Neither All Active, nor its employees or agents shall be liable for any loss, damage or theft of any property (including bicycles) belonging to, or brought onto or left outside any All Active premises by the Client or any guest of the Client, unless, subject to condition 4.3 below, such loss, damage or theft was caused by negligence of All Active, or its employees, agents or sub-contractors.
4.1.2 Vehicles, bicycles and their contents, parked or locked up on or outside any of All Actives premises or community venues are left at the owners risk and All Active will accept no liability for loss, damage or theft in respect thereof, unless, subject to condition 4.3, such loss, damage or theft was caused by negligence of All Active or its employees, agents or sub-contractors.
4.1.3 Neither All Active, nor its employees or agents shall be liable for any death, personal injury or illness occurring upon any of All Actives premises or as a result of the use of the facilities and/or equipment provided by All Active, except to the extent that such death, personal injury or illness arises from any negligent act or omission of All Active or its employees, agents or sub-contractors.
4.2 Without prejudice to condition 4.1.3, it is the Client's responsibility to ensure that, in accordance with condition 7 of these Terms and Conditions, their physical condition is appropriate for participating in Classes and to ensure that they correctly operate or use any facilities and/or equipment provided by All Active, including the adjustment of levels or settings on any equipment. If the Client is in any doubt as to how to correctly operate any equipment, they should consult a member of staff before use.
4.3 Where loss or damage to property including vehicles, and/or their contents, brought onto All Actives premises is caused by the negligence of All Active or its employees, agents, or sub-contractors, All Active liability shall be limited to £500 (for any one incident).
5. ONLINE BOOKING
5.1 Classes may be booked online by Clients in advance via the Website or booking app.
5.2 Clients may cancel any classes booked online via the Website or booking app until 12 hours before the Class is scheduled to start.
5.3 If a Client arrives after the start time of the Class, unfortunately the Client will not be allowed entry into the Class for any reason. This is to preserve the experience of all the other Clients in the Class and make sure the Client hears the pre-Class advice and questions for their safety. If a Client misses a class in this fashion, they will be permitted to attend the next Class on that day that has availability if there is one.
Clients should arrive a few minutes before the start time of the Class. If a Client is not there before the start time of the Class or told a member of the All Active team they'll be arriving late (either by email or phone) then the Client’s class spot may be given to anyone who is in studio and waiting to get into the Class. If the Clients class spot has been given away, we will endeavour to place the Client on another free class spot in the same Class or should there not be one, we will get the Client into the next Class on that day with availability if there is one.
5.4 If the online booking system shows that the Class is full then the Client will be invited to join a waitlist. If the Client joins the waitlist and a place becomes available in the Class, then the Client will given the option to book into the class. Waitlist bookings will be on a first come first served basis.
5.6 If a Client is automatically added to a Class then they will be sent an email confirming this. If a Client is allocated a Class via the waitlist then these online booking conditions apply as if the Client had booked the Class online in the first place. A Client can remove themselves from the waitlist via the Website.
5.7 In the event of a late cancellation or if a Client does not attend a Class that was booked online (including any class that was allocated via the waitlist) or does not sign in on time in accordance with condition 5.3 then this will be classified as a "no show". In the event of a "no show" if a Client holds a:
5.7.1 Class Pack, one class will be deducted from that Client's Package; or
5.7.2 Membership - one class credit will be deducted from the monthly membership or a £5-£10 no-show shall be applied and the class credit will be deducted.
6. USE OF FACILITIES
6.1 A Client is entitled to use the Studios' facilities provided always that All Active may at any time withdraw all or part of its facilities or Classes for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond its control. No refunds shall be given during any such temporary closure.
7. FITNESS AND HEALTH
7.1 Fitness classes within All Active may involve intensive exercise. Each Client agrees to familiarise themselves with what Classes involve prior to assessing whether they are fit to participate in a Class. Clients should refer to the Website or speak to a Client of staff for further information.
7.2 Each Client warrants and represents on the date of their acceptance of these Terms and Conditions and on each occasion that the Client uses the Studios that the Client is in an appropriate physical condition to participate in Classes and that the Client knows of no medical or other condition why the Client is not capable of engaging in the Classes or exercises provided by All Active and that such Classes or exercises would not be detrimental to the Client's health, safety or physical condition.
7.3 All Active’s staff are not all medically trained and may not be qualified to assess whether the Client or any guest is in appropriate physical condition to engage in any exercise without detriment to the Client's health, safety, comfort, or physical condition. If any doubt on suitability for classes please contact us directly or book a 1-1 session with one of our Physios.
7.4 Clients are advised not to undertake any physical activities without first seeking medical advice if they have concerns over their physical condition or attending a 1-1 session with one of All Actives Physios. All Active reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of All Actives facilities.
7.5 Clients shall not use All Actives facilities if they are suffering from: low/high blood pressure, cardiac irregularities, any infectious or contagious illness, disease or other ailment or suffering from any ailment where there is a risk, however small, that such ailment may be detrimental to the health safety, comfort or physical condition of the other Clients. If there is any doubt, Clients should consult their doctor and must notify All Active of any circumstances affecting their health which may be exacerbated through attending the classes.
7.6 Clients are required to follow the instructions of the instructor at all times.
7.7 Where required the client must ensure that they wear appropriate protective equipment including, but not limited to non-slip socks. If the trainer taking the class has reason to believe that any item of protective equipment belonging to the client is inappropriate the client will be required to change such item. If the client fails to comply with such a requirement the instructor may require the client to stop all further participation or limit or restrict any further participation as the trainer considers necessary to protect the health and safety of the client, other clients participating in the class, staff, and any other person for the time being present. If further participation is stopped or limited or restricted under this clause 7.4, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
7.8 If at any time during participation in a class a client suffers any injury or illness (however minor), the client must immediately disclose this fact to the Instructor taking the class. Thereafter the client shall provide such further information relating to the injury or illness as the Instructor may reasonably request. If the Instructor has reason to believe that the client has any injury or illness which with any further participation would or could be a risk to the health and safety of the client, other clients participating in the class, staff, or any other person for the time being present, the Instructor may require the client to stop all further participation or limit or restrict any further participation as the Instructor considers necessary to avoid such risk. If further participation is stopped or limited or restricted under this clause 7.8, the client will not be entitled to any refund of any of the cost of the class or any other compensation, but All Active may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
8. PERSONAL BELONGINGS, DRESS, SAFETY
8.1 Clients are requested to wear a form of dress appropriate to a fitness class. In the interests of safety and hygiene, no crockery, glass or food are permitted in the classes or Studios. No pets (with the exception of guide dogs) are permitted in the Studios' buildings or grounds. Clients must use entrances and exits to the classes as advised by the instructors.
8.2 In the event of a fire, Clients are asked to make their way to the nearest available exit.
8.3 Smoking is not allowed in the classes Studios.
9. GENERAL
9.1 Details of Class times may vary from time to time and are published on the Website. All Active reserves the right to change Class times or cancel Classes at its discretion and will endeavour to give Clients notice of such changes as is reasonably practicable.
9.2 Clients must at all times observe All Actives guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management may issue to ensure the safety of the Clients and the smooth operation of the classes for the convenience of all Clients.
9.3 Clients consent to having their photograph or video image taken by All Active at any time whilst using the All Active facilities or other venues. All Active reserves the right to use any such individual or group photographs of Clients and/or guests for press or promotional purposes. If a Client specifically does not want their photograph or image used for such purposes then they must notify All Active in writing.
9.4 Clients are required to give written notice to All Active of any change of address, mobile phone number or email.
9.5 All Active may communicate with the Client by email. By providing an email address to All Active the Client consents to receiving email communications from All Active, including notices pursuant to these Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. All Active will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
9.6 All Active reserves the right to refuse admission to the classes or Studios.
9.7 All Active may assign the benefit of the Registration Form and a Client's Clientship to a third party at any time without notice to the Client.
9.8 A person who is not a party to the Registration Form has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Form.
10. CONSENT AND DATA USAGE
10.1 By registering an account with All Active, you acknowledge to receiving marketing communications via email/phone.
For more information on our privacy policy, visit our website.
10.2 We will retain your information until we receive instruction to remove your account.
TERMS & CONDITIONS - GENERAL & WEB USAGE
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Registered Users to access Paid Content and / or any communications System on the Web Site;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service” means collectively any online facilities, tools, services or information that All Active makes available through the Web Site either now or in the future;
“Services” means the services available to you through this Web Site, specifically Pilates, Reformer, Barre, personal training, and other fitness classes offered from time to time.
“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our places of business with addresses online via websites
“System” means any online communications infrastructure that All Active makes available through the Websites either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” /"Registered Users" means any third party that accesses the Web Site and is not employed by All Active and acting in the course of their employment; and
“Web Site” means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of All Active, our affiliates or other relevant third parties.
By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by All Active.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier. Fair Use of Intellectual Property Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of All Active or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only with prior permission.
8. Deep linking (i.e. links to specific pages within the site) requires the express permission of All Active. To find out more please contact us by email at hello@allactivepilatesandphysio.co.uk
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of All Active or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that All Active reserves the right to monitor any and all communications made to us or using our System.
10. Accounts
10.1 In order to procure Services on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. All Active accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact All Active immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, All Active accepts no liability or responsibility. All Active will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation
11.1 Either All Active or you may terminate your Account. If All Active terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
11.2 If All Active terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
11.3 All Active reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
11.4 If orders or payments are cancelled by All Active for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
11.5 If All Active terminates your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.
11.6 If you wish to cancel your membership you can do so after the expiry of your initial contract term by notifying All Active in writing via email on hello@allactivepilatesandphysio.co.uk with at least 30 days notice.
11.7 In the event that you wish to cancel an annual contract early, All Active may at their discretion and on a case-by-case basis agree to do so with an exit fee applied, consisting of the difference between the rates you would have paid to date of your termination on a month-to-month basis and what you have paid, and the amount of any discount you received in reliance of a longer term commitment. Such requests must be made in writing via email.
11.8 If you’re moving out of the area All Active may waive the exit fee, on proof of new address that must be outside of a 5 mile radius of the studio.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all descriptions of Services available from All Active correspond to the actual Services, All Active is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.
12.2 Where appropriate, you may be required to select the required package of Services.
12.3 All Active does not represent or warrant that such Services will be available. Availability indications are provided on the Web Site however these may not take into account orders that have taken place during your visit to the website.
12.4 All pricing information on the Web Site is correct at the time of going online. All Active reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every year as appropriate.
13. Provision of Services
13.1 Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
13.2 All Active shall use its best endeavours to provide the Services with reasonable skill and care.
13.3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
13.4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. All Active will ensure that any necessary corrections to the Services provided are made within 7 working days.
13.5 All Active reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already derived from the Services;
13.5.2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of All Active. Such discretion to be exercised only within the confines of the law.
14. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.
15. Disclaimers
15.1 All Active makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16 Changes to the Service and these Terms and Conditions
16.1 All Active reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If All Active is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. All Active accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18.Limitation of Liability
18.1 To the maximum extent permitted by law, All Active accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts All Active’s liability for death or personal injury resulting from any negligence or fraud on the part of All Active.
18.3 Nothing in these Terms and Conditions excludes or restricts All Active’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
19.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Notices All notices / communications shall be given to us either by post to our Premises or by email to hello@allactivepilatesandphysio.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
This Contract shall be governed by and interpreted in accordance with the laws of Northern Ireland and shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.
The Contractor will keep abreast of all legal issues and changes to Law that may affect the performance of the Contract and will take necessary steps to ensure that all Laws are adhered to and any new Laws coming into force during the Contract will be recognised and their Staff will have the appropriate training to comply.
Severability
If the courts of Northern Ireland hold any provision of the Contract to be invalid, illegal or unenforceable for any reason, that provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Contract, the Parties may, to the extent permitted by Law, commence negotiations in good faith to remedy the invalidity.