PLEASE READ THESE TERMS CAREFULLY.

BEFORE USING ANY CONTENT OR SERVICES AVAILABLE VIA THE PILATES ON TAP APP PLEASE PAY PARTICULAR ATTENTION TO THE SECTION BELOW HEADED SAFETY WARNING 

BY BUYING THE PILATES ON TAP APP OR TAKING PART IN A FREE TRIAL YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT BUY THE APP OR TAKE PART IN A FREE TRIAL.


Who we are and what this Agreement does

We The Pilates Effect Limited trading as Pilates on Tap, of 36 Frith Avenue, Havant, Hampshire, England, PO9 2PL license you to use:

  • The Pilates on Tap mobile application software (App) and any updates or supplements to it.
  • The content and services we make available to you via the App (together Services).

subject to these terms and conditions (

Terms).

Your licence to use the App and the Services will commence on the date on which you download the App and will continue:

  • (if you take part in a free trial) during the period of the free trial; or
  • (if you purchase a monthly subscription) during each month for which you pay the monthly subscription fee; or
  • (if you purchase an annual subscription) for the period of 12 months from the date on which you download the App or renew your annual subscription as the case may be.


Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy which can be found at https://pilatesontap.co.uk/privacy-policy and it is important that you read that information.


App store terms also apply

If you download the App from a third party app store (App Provider) you agree that:

  • These Terms are an agreement between you and us, and not with the App Provider;
  • The ways in which you can use the App may also be controlled by the App Provider’s terms and conditions, and policies (together App Provider Terms);
  • You will pay the applicable price and/or subscription fee for use of the App and the Services in accordance with the App Provider Terms.


Support for the App and how to tell us about problems. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at https://pilatesontap.co.uk 


Contacting us (including with complaints). If you think the App is faulty or wish to contact us for any other reason please email us at hello@pilatesontap.co.uk 


How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.


How you may use the App

In return for your agreeing to comply with these Terms you may:

  • download the App from the App Provider’s app store onto any personal device using the iOS or Android operating system, and view, use and display the App and the Services on such devices for your personal purposes only.
  • download from the App Provider’s app store and use any free updates of the App which we may make available.


Who may use the App 

You must be at least 18 years old to accept these Terms. 

Individuals under the age of 18 may use the App and the Services provided they have permission from a parent or legal guardian who will provide supervision. 


You may not transfer the App to someone else

We are giving you personally the right to use the App and the Services as set out above. You may not otherwise transfer the App or the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.


Changes to these Terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may not be permitted to continue to use the App and the Services. 


Update to the App and changes to the Services

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, offer new content, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.


If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.


We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.


Restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Services or the content we make available via the App (Content) in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, the Services or any Content, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

✓ is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;p.p1


✓ is not used to create any software that is substantially similar in its expression to the App;

✓ is kept secure; and

✓ is used only for the Permitted Objective;

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.


Acceptable use restrictions

You must:

  • not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App, any Services or any Content (to the extent that such use is not licensed by these Terms);
  • not post or transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.


Intellectual property rights

All intellectual property rights in the App, the Services and the Content throughout the world belong to us (or our licensors) and the rights in the App, the Services and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Services or any Content other than the right to use them in accordance with these Terms.


SAFETY WARNING

IT IS IMPORTANT TO US THAT YOU STAY HEALTHY WHILST USING THE SERVICES. 

THE APP AND THE SERVICES HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS. PLEASE CHECK THAT THE FACILITIES AND FUNCTIONS OF THE APP AND THE SERVICES MEET YOUR REQUIREMENTS.

YOU MUST ACT RESPONSIBLY AND SENSIBLY WHEN USING THE SERVICES AND SELECTING YOUR PREFERENCES IN RELATION TO THE SERVICES AND CONSIDER THE ASSOCIATED RISKS. THE DEGREE OF DIFFICULTY ASSOCIATED WITH THE CONTENT OF WORK OUT SESSIONS AVAILABLE VIA THE APP WILL VARY IN DEGREE OF DIFFICULTY, AND IT IS IMPORTANT THAT, WHEN YOU SELECT WORK OUT SESSIONS OR ACTIVITIES, YOU CHOOSE THOSE SESSIONS AND ACTIVITIES SUITABLE TO YOUR LEVEL OF EXPERIENCE AND FITNESS, AND THE STATE OF YOUR HEALTH. YOU SHOULD ALWAYS TAKE ADVICE FROM A PHYSICIAN OR HEALTHCARE PROFESSIONAL BEFORE COMMENCING ANY NEW FITNESS PROGRAMME.

WHEN USING THE SERVICES, YOU MUST ALWAYS ENSURE THAT YOU HAVE SUFFICIENT SPACE AND A SUITABLE ENVIRONMENT IN WHICH TO UNDERTAKE WORK OUT SESSIONS SAFELY.

THE APP AND THE SERVICES (INCLUDING (WITHOUT LIMITATION) ANY ARTICLES IN THE ENLIGHTENMENT SECTION OF THE APP) ARE PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY. NEITHER THE APP NOR THE SERVICES (INCLUDING (WITHOUT LIMITATION) ANY ARTICLES IN THE ENLIGHTENMENT SECTION OF THE APP) PROVIDE ADVICE OR INFORMATION ON WHICH YOU SHOULD RELY AS A SUBSTITUTE OR REPLACEMENT FOR OBTAINING PROFESSIONAL OR SPECIALIST ADVICE. YOU SHOULD ALWAYS OBTAIN SUITABLE PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF INFORMATION OBTAINED FROM THE APP OR THE SERVICES OR UNDERTAKING ANY ACTIVITIES OR WORK OUT SESSIONS AVAILABLE VIA THE APP. 

YOU ARE RESPONSIBLE FOR YOUR USE OF THE APP AND THE SERVICES AND YOU USE THE APP AND THE SERVICES, AND UNDERTAKE ANY ACTIVITIES OR WORK OUT SESSIONS AVAILABLE VIA THE APP AND THE SERVICES, ENTIRELY AT YOUR OWN RISK. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY WHATSOEVER ARISING OUT OF OR IN RELATION TO YOUR USE OF THE APP OR THE SERVICES, OR YOU UNDERTAKING ANY ACTIVITIES OR WORK OUT SESSIONS AVAILABLE VIA THE APP OR ANY SERVICES.


Limit of liability


We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we will be responsible only for loss or damage you suffer that is a foreseeable result of our breaking these Terms. We will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen if we break these Terms or if, at the time you accepted these Terms, both we and you knew it might happen if we break these Terms.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.


We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity.


We are not responsible for events outside our control. We will not be liable for any delays or interruptions to the Services or your use of the App caused by events outside our control. Events outside our control include (without limitation) any interruptions, failures, hacking, viruses, attacks or other problems affecting the internet, any internet service provider, or any telecommunications or hosting facility or network.


We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and the Services you will not be entitled to any refund of any subscription fees paid.

In addition if we end your rights to use the App and the Services or your licence to use the App and the Service ends because you do not continue your subscription or your free trial ends:

  • You must stop all activities authorised by these Terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.


Your right to end your rights to use the App and the Services

You may end your rights to use the App and the Services at any time by contacting us if we have broken these Terms in a serious way. If what we have done can be put right you will give us a reasonable opportunity to do so. 


We may transfer this contract to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this contract.


You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.


No rights for third parties

This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or any other applicable law for anyone other than you and us to enforce any term of this contract.


If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by English law and, except as set out in this paragraph or as otherwise required under applicable law, legal proceedings in respect of these Terms, the App or the Services must be brought in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.