Your personal data will be used only to process your order and support your experience throughout this website.
TERMS AND CONDITIONS OF SUBSRIPTIONS
1 Introduction
1.1 If you sign up to my membership you agree to be legally bound by this contract.
1.2 If you use any of my free resources (for example a free trial, podcasts, newsletters, workshop sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3 When signing up for the membership or using any resources you also agree to be legally bound by:
1.3.1 my website terms of use and privacy policy;
1.3.2 specific terms which apply to my membership which may be set out on the webpage for the membership or in email correspondence between us (membership description). All these documents form part of this contract as though set out in full here.
2 Information I give you
2.1 Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant membership description. I shall give you information on: the main characteristics of the membership who I am, where I am based and how you can contact me the price of the membership the arrangements for payment, your access to the membership and any relevant timeframes how to exercise your right to cancel the contract in the cooling off period if you are a consumer my complaint handling policy
3 Ordering services from me
3.1 Below, I set out how a legally binding contract between you and me is made:
3.2 You sign up for the membership on the website by filling in the form and clicking on the payment link.
3.3 When you sign up for my membership, I shall acknowledge it by email. This acknowledgement does not, however, mean that you have been accepted into the membership. I may contact you in my sole discretion and refuse entry to the membership, for example if I do not think the membership is right for you or there has been a mistake in the pricing or description of the membership. I do not have any obligation to provide a reason for this refusal.
4 The membership
4.1 If you are a consumer you have protection under consumer rights legislation, including that I must provide the membership with reasonable care and skill.
4.2 The availability of the membership might be affected by events beyond my reasonable control. If so, there might be a delay before I can make the membership available again. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to provide access as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with hosting providers.
4.3 In the event that membership resources (or any content added by you or other members) are not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.
4.4 When you gain access to the resources in the membership, the resolution and quality of the resources you receive will depend on a number of factors, including the type of device you are using and your bandwidth, which may fluctuate during the course of your viewing. While I use all reasonable endeavours to provide a quality viewing experience, I cannot make any guarantee as to the resolution or quality of the content you will receive.
4.5 In order to gain access to the resources in the membership, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements of the membership platform and software from time to time. I may change the requirements for compatible devices from time to time and whether a device is (or remains) compatible may depend on software or systems provided by the device manufacturer or other third parties. As a result, devices that are compatible when you sign up may cease to be compatible in the future.
4.6 I reserve the right to make changes to the membership from time to time. The availability of the content, as well as platforms and compatible devices, may change. I also reserve the right to replace or remove any resources and the platforms available to you through the membership, and to otherwise make changes in how I operate it. I may from time to time, with respect to any or all members, offer certain features or other elements of the membership, including promotional features, user interfaces, plan and pricing.
4.7 No Sharing of login details. You may not share, give or sell your login details to any other person or entity. Excessive viewings or logins by any member may be treated as fraudulent use of the membership, in which case it will result in the immediate cancellation of membership without a refund. When you become a member you agree to take all actions possible to protect your login details from fraudulent use. I reserve the right to cancel any membership I believe has been compromised, or is being used fraudulently, at my sole discretion.
4.8 The membership is not suitable for persons under 16 years of age, and by signing up you confirm that you are 16 years of age or older.
5 Your responsibilities
5.1 You will pay the fees for the membership in accordance with the membership description.
5.2 Account, Password and Security. When you sign up for the membership, you will be given your login information. You are responsible for maintaining the confidentiality of your password and other login information, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify me of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you log out from your account at the end of each session. Each registration is for a single user only. You may not use another member’s account without prior authorization from me.
5.3 Any content you post or submit to the membership site or to our Facebook Group or Whatsapp Group while you are a member is subject to our website terms of use and acceptable use policy.
5.4 You will comply with our community rules from time to time, including our Facebook Group and Whatsapp Group rules.
5.5 You acknowledge that deciding how to handle any issues which may arise as a result of your joining the membership, the choices you make in relation to them and whether or not you follow through on any information I provide is exclusively your responsibility. For this reason, although I fully expect great results to come from your participation in the membership , I cannot guarantee any specific outcomes or that all members will achieve the same results. The results are entirely dependent on your commitment and the effort you put into the resources I make available.
5.6 The membership resources do not treat mental disorders and are not a substitute for counselling, therapy, mental health care or medical treatment of any kind. By signing up for the membership you confirm that you will not use the resources in place of any form of counselling, therapy or medical treatment.
5.7 The resources in the membership do not in any way constitute specific advice or recommendations for your personal situation. They are for training and guidance only. I am not able to advise you on your individual circumstances.
6 Physical exercise – risks and responsibilities
6.1 I take my responsibility as a pilates teacher seriously and it is important before you take part in my online sessions that we have a clear understanding of where the boundaries of that responsibility lie.
6.2 During our session, I shall only provide instruction that I am qualified to give and I shall use all reasonable care and skill. Your wellbeing is at the heart of everything I do.
6.3 However, any information or guidance I provide is not a substitute for the consultation, diagnosis or medical treatment of your doctor or healthcare provider.
6.4 You must not rely on any information or guidance I provide to you as an alternative to medical advice from your doctor or healthcare provider and I expressly exclude all responsibility, and shall have no liability, for any damages, loss, or injury suffered by you or any third party as a result of your participation in my sessions or your reliance on any information or guidance I provide to you.
6.5 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance I provide to you.
6.6 You acknowledge that any form of exercise contains a degree of risk. It is recommended that you check with your GP or healthcare provider before you start any new exercise programme. In particular, if you are (or might be) pregnant you acknowledge that this has its own inherent risks and by taking part in my online sessions you confirm that you have been given permission by your GP or other healthcare provider to practice pilates and you do not know of any reason why you should not take part in my sessions.
6.7 Nothing in my session should cause you to experience any pain. If you experience pain from any of the poses you should stop immediately.
6.8 I shall provide you with a variety of alternative positions during my online sessions and it is your responsibility to listen to your body and not to push it beyond its limits. You should stop whenever you wish, especially if you experience any discomfort.
6.9 You understand that it is your responsibility to judge your physical and mental capabilities for physical exercise. It is your responsibility to ensure that by following the videos and other resources in the membership, you will not exceed your limits while performing such activity, and you will select the appropriate level of activity for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have
7 Fees and payment
7.1 The fees for the membership are set out in the membership description.
7.2 Membership fees are payable monthly or weekly. The membership fees are billed on a periodic basis as specified at the time you sign up (e.g., monthly, weekly, or in class passes). Your membership subscription will continue on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription in accordance with clause 12.4 or the account or the membership is otherwise suspended or discontinued according to the terms of this agreement.
7.3 Pricing for Membership Subscriptions. I may increase the price of the membership fees in future, in which case I will notify you via email. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.
7.4 The membership fees are non-refundable except for: 7.4.1 if you are a consumer, your right to a ‘cooling off’ period as described below; and 1.1.1 where I cancel your membership other than under 12.1 below, you are entitled to a partial refund for months which you have paid for in advance and during which you will not have access to the membership. In all other circumstances I am not able to refund to you any of the payments you have made in advance.
7.5 Payment is via the payment button on the website or as agreed between us.
8 Cooling off period for consumers
8.1 If you are a consumer you have the right to cancel this contract within 14 days without giving any reason, subject to clause 8.3 below. You are a consumer if you are an individual acting for purposes which are wholly or mainly outside your business.
8.2 The cancellation period will expire 14 days after you sign up for the membership.
8.3 However, if you confirm to me you wish to gain access to the membership resources during the 14 day cooling off period then you lose your right to cancel under the cooling off period. Logging into the membership site acts as confirmation. At this point my refund policy set out in clause 7.4 and my cancellation policy set out in clause 12.4 will apply.
8.4 If you cancel this contract in accordance with the cooling off period in clause 8.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, as specified in clause 8.3 this will only be the case if you have not logged into the membership site.
9 Intellectual property
9.1 All intellectual property in the materials and resources I provide to you via the membership or otherwise belongs to me, or has been licensed to me, and unless we agree otherwise you can only use those materials and resources for your own personal use and you may not share them with third parties.
9.2 Unless I explicitly state or agree otherwise in writing, the resources and materials I provide to you may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited other than for your own personal use in accordance with this agreement.
9.3 All live sessions will be recorded and will be available to you through the membership. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other conditions or need for further consent.
10 How I may use your personal information
10.1 I shall use the personal information you give to me to:
10.1.1 provide the membership;
10.1.2 process your payment for the membership; and
10.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me. For full details of how I deal with your personal data, see my privacy policy here.
10.2 All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
10.3 I shall not give your personal information to any third party unless you agree to it.
11 Resolving problems and complaints
11.1 In the unlikely event that there is a problem with the membership, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
11.2 I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
11.3 Nothing in this contract affects your statutory rights. You may also have other rights in law.
12 Termination of your membership
12.1 Your right to cancel. You may cancel your membership at any time. After you cancel, you will continue to have access to all the resources until the end of the billing cycle. Your membership fees are recurring and your membership must be cancelled prior to the renewal date in order to avoid additional membership charges. It is your responsibility to notify me if you wish to terminate your membership before the expiry date.
12.2 You cancel your membership by following the instructions on the website or by contacting our me pilateswitheimear@gmail.com
12.3 I may terminate your membership if you commit any breach of the terms of this contract.
12.4 If I terminate your membership and suspend or discontinue your access due to your breach of this contract, then you will not be entitled to any credit, refund or discount in relation to the membership fees already paid by you.
12.5 If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
13 Limit on my responsibility to you
13.1 Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
13.1.1 losses that: (a) were not foreseeable to you and me when the contract was formed (b) that were not caused by any breach of these terms on my part
13.1.2 business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
13.2 My total liability to you is limited to the amount of fees you have paid for the membership.
14 Disputes
14.1 I shall try to resolve any disputes with you quickly and efficiently.
14.2 If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
14.3 The laws of Ireland will apply to this contract.
14.4 In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage each other or my website, products and services.
15 Entire agreement
15.1These terms constitute the entire agreement between us in relation to your purchase.
16 Third party rights
16.1 No one other than a party to this contract has any right to enforce any term of this contract.
TERMS AND CONDITIONS OF SALE OF GOODS
IMPORTANT
Please read the following information carefully as it sets out the terms and conditions which governs the sale of products on this website. By purchasing items on this site you will be deemed to have accepted these terms and conditions of sale and our privacy policy.
1. Goods
Subject as hereinafter provided, the Pilates with Eimear warrants that all goods promoted for sale on this site are of satisfactory quality. Specifications on this website of the goods to be sold are not intended to be binding and are intended only to give a general description of the goods. In all other respects, and to the maximum extent permissible, Pilates with Eimear makes no other warranties or promises about the goods, and any implied warranties are excluded.
The warranty contained above is subject to the following conditions: (i) the goods must be stored in appropriate conditions; if you do not store them in appropriate conditions we cannot be held responsible for faults or problems that arise as a result; (ii) any claim by you in respect of any shortages and/or defects in the goods must be notified to us in accordance with these terms and conditions, stating the nature of the shortage/defect and quoting the invoice no.; if you fail to notify us you will be deemed to have accepted the goods.
2. Availability
All goods are offered for sale subject to availability. Pilates with Eimear regrets that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. If there is a problem we will let you know as soon as we can and will refund in full any money that you have already paid to the Pilates with Eimear in respect of the goods in question. The price of the goods shall be the price listed on our website on the date of your order, inclusive of any VAT which may be payable by you. All prices displayed on the website are quoted in Euro and must be paid in full, including delivery charges (which are separately stated at the time of your order). Customers, and not the Pilates with Eimear, are responsible for the payment of any applicable customs duties or taxes in their own country, and failure to pay customs duties or taxes is likely to result in your package being destroyed.
3. Ordering
By clicking on the ADD TO CART button whenever you see an item you would like to buy. Adding an item to your basket does not commit you to buy as you can always remove it later. You can review the contents of your basket at any time by clicking the VIEW CART button. Once you have found all the items you need, go to the checkout and pay for your purchases by following the simple instructions given there. Please ensure that you include the following information with your order, as we cannot process your order without this information:
• Name
• E-mail address
• Contact telephone number
• Card type
• Full name as displayed on the card, the credit card
• Number, and expiry date of the card
• Billing address
• Delivery address (This need not be the same as the billing address)
• Items you require
By clicking the Confirm button on the Confirm & Purchase Screen, you agree to these terms and conditions. Please carefully check your personal details and details of the goods to be provided before clicking the Confirm button. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.
You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity and specification of goods set out in your order. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately.
Should you notice that any details are incorrect, after you have placed your order, you should contact us without delay in order to amend any inaccurate details. We cannot guarantee that we will be able to make any such amendments and do not accept any responsibility in this regard.
4. Acceptance of orders
All orders are subject to acceptance by the Pilates with Eimear.
Once we have received your order we will confirm all the details by e-mail and advise you whether or not the item(s) you require are in stock.
5. Delivery
We aim to deliver your order within 21 days. However delays may occur if the items you have ordered are out of stock. You will be advised of stock availability when we process your order.
The delivery charges that apply to your purchases are specified in Euro.
In the event that some of the items you have ordered are out of out of stock we may send your order to you by two or more deliveries. You will only pay one delivery charge. We will meet any additional delivery charges.
If your goods do not arrive within the time specified above please contact us at shop@ngi.ie quoting the receipt number, which you will receive following completion of the checkout process.
Please retain the invoice and shipping notice, which will be sent separately, as it will be required should you decide to return any product under our returns and refunds policy, set out below.
6. Prices
Pilates with Eimear reserves the right to change its prices at any time. Irrespective of any change of prices, you will be charged the price which was specified for the good when you ordered.
7. Payment
You can pay by Paypal or by credit card with Stripe. We accept Visa, Mastercard and American Express. All credit card purchases are subject to validation and credit checks.
8. Right of Withdrawal and Refunds
We seek to ensure that you are happy with your purchases. If you are unhappy with any item which you have purchased from us please contact Pilates with Eimear within 7 days of delivery of the item(s) to you and advise us that you have goods to return. We will give you a full refund provided that the good(s) which you wish to return is unused, complete and is in a re-saleable condition. Goods which are returned for a refund must be returned with the invoice. Your statutory rights are not affected.
Where any valid claim in respect of any goods sold by Pilates with Eimear which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Pilates with Eimear,Pilates with Eimear shall be entitled to replace the goods (or the part in question) free of charge or, at the sole discretion of Pilates with Eimear, refund the price of the goods (or a proportionate part of the price), but Pilates with Eimear shall have no further liability to the purchaser.
9. Events outside our control
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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action.
• 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.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• impossibility of the use of public or private telecommunications networks.
• the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
10. Comments
If you have any complaints or comments about Pilates with Eimear’s on-line shop or any items supplied to you please contact: pilateswitheimear@gmail.com
11. Exclusion of Warranty
Subject to the paragraph below, Pilates with Eimear makes no warranty or representation as to the quality of any goods sold or their fitness for a particular purpose or their conformity with any description or sample andPilates with Eimear shall not be responsible for damage or loss of any kind whatsoever (including loss of profits and consequential damages) caused directly or indirectly by the goods supplied.
Consumer Protection: The exemptions from the provisions of Sections 13, 14 and 15 of the Sale of Goods Act 1893 (“the 1893 Act”) (as inserted by Section 10 of the Sale of Goods and Supply of Services Act 1980 (“the 1980 Act”) contained in Clause 9.1 shall, in all cases other than a contract for the international sale of goods (as defined in the 1980 Act) be subject to the restrictions on such exemptions contained in Section 55(4) of the 1893 Act (as inserted by Section 22 of the 1980 Act).
12. Governing Law
These terms and conditions are governed by the laws of Ireland. This on-line shop is run by Pilates with Eimear, Eimear Gallagher, New Inn, Cashel, Co. Tipperary
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