Welcome to Grace Health and Fitness!

Terms & Conditions

User Terms and Conditions

1. User Terms

1.1 What these terms cover. These are the terms and conditions on which we supply services and digital content to you (our “products”) and operate our website, membership site, live video communications, and social media accounts (Site). By using our services and content you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our services or content. We recommend that you print a copy of these Terms for future reference.

1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3 You must be at least 18 years of age to subscribe to our site. Children may only use our content and associated services under the supervision of an adult.

2. Information about us and how to contact us

2.1 Who we are. We are Grace Health and Fitness.

2.2 How to contact us. You can contact us by emailing sarah@gracehealth.co.uk

2.3 How we may contact you. If we have to contact you we will do so in writing to you at the email address you provided to us in your registration details, or upon booking.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Health and Safety

3.1 Any physical exercise, workout, routine, programme, or activity on our Site may involve strenuous physical movement which carries a risk of injury.

3.2 Not all of the content in our Site will be suitable for everyone. You are responsible for exercising within your own physical limits. If you experience pain, discomfort, or dizziness, you should not continue. You should seek medical advice before starting a new exercise regime, including the use of any gym or fitness equipment.

3.3 Content in our Site is provided for the benefit of your health and safety. It is critical that you follow all health and safety and other instructions provided, and that you take appropriate medical advice before following any of the exercises, workouts, routines, or

activities shown. This is particularly important if you have pre-existing medical conditions, are injury prone, or are pregnant or breastfeeding.

3.4 Nothing on our Site should be construed as medical advice or diagnosis.

3.5 Any advice we offer, suggestions, recipes and comments made on our Site should not take presidence over the information provided by your health care professional and specific to you.

3.6 When present at a group or individual session your instructor/therapist/coach is responsible for ensuring that all reasonable steps are taken to ensure your health and safety throughout the session. If however something happens that could not reasonably be forseen Grace Health and Fitness accept no responsibility for injuries, loss or damages to you or your property.

4. Other terms that may apply to you

4.1 These terms refer to other additional terms that may apply to you:

(a) Privacy Policy

(b) Cookie Policy

5. Our products

5.1 Changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement technical adjustments and improvements.

These changes will not negatively affect your use of the product.

5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description that we provided to you before you purchased it (for those users paying for products or services).

6. Providing the product

6.1 We do not guarantee that our Site, or any content in it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

6.2 If Grace Health and Fitness have to cancel a group or individual session reasonable notice will be given, where possible. We will attempt to arrange an alternative instructor, an alternative time, or offer you a place in another class. A refund for that session will be offered if no alternative can be agreed. There will however be no refund offered if the class is offered with an alternative instructor or offered on an online basis.

7. Price and payment

7.1 Where to find the price for the product. The price of our products and services can be found on our Site. We take all reasonable care to ensure that the prices are correct. Prices may change from time to time.

7.2 How you must pay. We accept payment via Stripe, IZettle or Paypal upon booking or at time of appointment.

7.3 Cancellation and Refund Policy. Cancellations by users for one to one sessions must take place no less than 48 hours before the session start time. If less than 48 hours notice is provided the user is liable to pay the full cost of the session, except at the discrection of Grace Health and Fitness. If more than 48 hours notice is provided the user may be refunded or offered an alternative time. Cancellations by users for group programmes must take place at least one week prior to cource commencing. If less than one week notice is provided the user is liable to pay the full cost of the programme, except at the discretion of Grace Health and Fitness. If more than one week notice is provided the user may be refunded or offered an alternative.

7.4 Gift vouchers. Gift vouchers are valid for 12 months only. Gift vouchers are non-refundable and non-transferrable. If in the unlikely event Grace Health and Fitness cannot honour the Gift Voucher a cash alternative will be offered. It is the responsibility of the User to accept one of the available times offered on the Online Booking System .

8. Account details

8.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at sarah@gracehealth.co.uk

9. Intellectual property rights

9.1 All intellectual property rights in our digital content and services throughout the world belong to us and the rights in our digital content and services are licensed (not sold) to

you. You have no intellectual property rights in, or to, our digital content and services other than the right to use them in accordance with these terms. You must not infringe our intellectual property rights or those of any third party in relation to your use of our digital content and services.

10. Restrictions on use

10.1 You agree that you will:

(a) not rent, lease, sub-license, loan, provide, or otherwise make available, our digital content in any form, in whole or in part to any person without prior written consent from us;

(b) not copy our digital content, except as part of the normal use of the digital content;

(d) not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of our digital content 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 digital content to obtain the information necessary to create an independent program that can be operated with another program provided that the information obtained by you during such activities is not used to create any software that is substantially similar in its expression to our digital content.

(e) not reproduce, duplicate, copy or re-sell any part of our Site except in accordance with these terms; and

(f) not access without authority, interfere with, damage or disrupt:

(i) any part of our Site;

(ii) any equipment or network on which our Site is stored;

(iii) any software used in the provision of our Site; or

(iv) any equipment or network or software owned or used by any third party.

(g) not leave comments against Site content that:

(i) are defamatory

(ii) are obscene, offensive, hateful, or inflammatory

(iii) are sexual in nature

(iv) promote violence

(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

(vi) are likely to deceive anyone

(vii) promote illegal activity

(viii) are likely to harass, upset, embarrass, alarm, or annoy any other person

(ix) are likely to give the impression that the contribution emanates from Grace Health and Fitness, if this is not the case

(x) advocates, promotes, or incites any party to commit, or assist, any unlawful or criminal act

(xi) contain a statement which you know or believe, or have reasonable grounds for believing, that users of the Site to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism

11. Do not rely on information on this Site

11.1 Content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

11.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete, or up to date.

12. We are not responsible for websites to which we link

12.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information they may contain.

12.2 We have no control over the contents of those sites or resources.

13. Are you a business customer or a consumer?

13.1 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

· You are an individual; and

· You are buying or using products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft, or profession).

13.2 You are a business customer if you are buying or using the products wholly or mainly in connection with your trade, business, craft, or profession. If you are a business customer these terms along with our Privacy Policy, Cookie Policy, Subscriber Terms, constitute the entire agreement between us in relation to your purchase and use of our product. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. If you are a business customer using our products on behalf of a business or company, you confirm that you have authority to act on behalf of that business or company.

14. Our responsibility for loss or damage suffered by you if you are a consumer

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms were agreed to, both we and you knew it might happen.

14.2 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; for fraud or fraudulent misrepresentation; and for breach of your legal consumer rights.

14.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 15.

15. Our responsibility for loss or damage suffered by you if you are a business

15.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

15.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

15.3 Subject to clause 15.1:

(a) we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms; and

(b) our total liability to you for all other losses arising under or in connection with these Terms, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to £250.

16. Indemnity

You agree to defend, indemnify, and hold us, our affiliates, and each of their respective officers, directors, employees, agents and advisors harmless from any and all claims, liabilities, costs, and expenses, including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and fines, and legal fees and expenses (calculated on a full indemnity basis) arising out of or in connection with a breach of these terms, and/or any of our other polices, by you or any user of your account.

17. How we may use your personal information

17.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

18. We may collect technical data about your device

18.1 By using the Site and our products and services, you agree to us collecting and using technical information about the devices you use to access those services and related software, hardware, and peripherals in order to improve our products and to provide any services to you.

19. We are not responsible for viruses and you must not introduce them

19.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

19.2 You are responsible for configuring your information technology, computer programmes, and platform to access our Site. You should use your own virus protection software.

19.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

19.4 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.

20. Linking to our Site

20.1 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.

20.2 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.

20.3 You must not establish a link to our Site in any website that is not owned by you.

20.4 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.

20.5 We reserve the right to withdraw linking permission without notice.

20.6 If you wish to link to, or make any use of, content on our Site other than that set out above, please contact sarah@gracehealth.co.uk

21. Breach of these terms

21.1 If you breach any term of our Terms and Conditions, or other policies, we may suspend your access to our Site and services.

22. Which laws apply to these Terms and where may you bring legal proceedings if you are a consumer.

22.1 These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in the Scottish, English or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.

23. Which laws apply to these Terms and where may you bring legal proceedings if you are a business.

23.1 If you are a business, any dispute or claim arising out of or in connection with these Terms or their subject matter or formation shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.

24. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site or products, please check these terms to ensure you understand the terms that apply at that time.

24.1 If a court finds part of these Terms 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.

24.2 Even if we delay in enforcing these Terms, we can still enforce them 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 breaching these Terms, 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.

Subscriber Terms and Conditions

1. Subscriber Terms

1.1 Our Service. We provide a subscription service which allows our subscribers to access and view paid content.

1.2 What these Subscriber Terms cover. These Subscriber Terms are the terms and conditions governing your use of our subscription service to access and view content on our Site, including all related websites, mobile applications and other software, social media accounts, user interfaces, technology, data and documentation, features and other materials (including any updates or supplements to any of the foregoing which we provide) (our services).

1.3 Why you should read them. Please read these Subscriber Terms carefully before you accept them to access our services. They tell you who we are, how we will provide our services to you, how you and we may change or end the subscription contract, what to do if there is a problem, and other important information.

1.4 Are you a business customer or a consumer? In some areas you will have different rights under these Subscriber Terms depending on whether you are a business or consumer. You are a consumer if:

· You are an individual.

· You are subscribing for our services wholly or mainly for your personal use (not for use in connection with your business, trade or profession).

1.5 (Business only) If you are a business customer this is our entire agreement with you. If you are a business customer these Subscriber Terms (together with our User Terms and Conditions, and our other online terms referred to in those terms and conditions) constitute the entire agreement between us in relation to your subscription and use of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Subscriber Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Subscriber Terms.

2. Information about us and how to contact us

2.1 Who we are. We are Grace Health and Fitness.

2.2 How to contact us. You ca

2.3 How we may contact you. If we have to contact you we will do so writing to you at the email address you provided to us in your registration details.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our subscription contract with you

3.1 How we will accept your subscription with us. Our acceptance of your subscription will take place when we successfully receive a subscription payment from you via the Site, at which point a contract will come into existence between you and us.

3.2 Adult subscribers only. You must be at least 18 years of age to become a subscriber. Children may only use our Site and associated services under the supervision of an adult.

3.3 If we cannot accept your subscription. If we are unable to accept your subscription, we will inform you of this in writing. This might be because your stated payment method is not valid.

3.4 How long your subscription continues. Your subscription continues on a monthly basis until the subscription is terminated. Details of how the subscription may be terminated are provided in these Terms.

3.5 Subscription contract options. From time to time we may offer a number of subscription options or plans, including special promotional rates or plans. Some of these may have differing conditions and limitations, details of which will be provided to you at the time you pay for your subscription or in other communications made available to you.

3.6 Permitted use of our services and content. Our services and content may not be shared with individuals who have not paid for it. During your subscription contract we grant you a limited, non-exclusive, non-transferable right to access our services and content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use our services for public performances.

3.7 Our content is subject to change. Our services and content is regularly updated, and therefore subject to change at any time without notice to you.

3.8 Access & geographic locations. You are permitted to view the content worldwide.

3.9 Factors affecting quality of content. The quality of the display of content may vary at times, and will be affected by a number of different factors, including the speed of your internet connection, your location, and available bandwidth.

4. Changes to your subscription, these terms, or the services

4.1 We may change your subscription, these Subscriber Terms, or any services:

· to reflect changes in relevant laws and regulatory requirements; and

· to implement minor technical adjustments and improvements.

These changes will not affect your use or enjoyment of the services.

4.2 More significant changes. In addition, we may make certain more significant changes to your subscription, these Subscriber Terms, or any services, but if we do so we will notify you and you may then (if you wish) end your subscription before the changes take effect.

5. Access and suspension of your subscription

5.1 When you can access our services. You will have access to subscribed content immediately after the related subscription payment has been received. We will supply our services until you or we end the subscription contract.

5.2 We are not responsible for delays outside our control. If the supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

5.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the subscription to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the subscription contract. We will not be responsible for delays in activating your subscription, or not supplying any of our services, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.4 Reasons we may suspend the supply of our services to you. We may have to suspend the supply of our services to:

(a) deal with technical problems or make minor technical changes;

(b) undertake updates to reflect changes in relevant laws and regulatory requirements;

5.5 Your rights if we suspend our services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. You may contact us to end your subscription contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days.

5.6 We will suspend your access to subscription content if you do not pay the relevant subscription fee. If you do not pay us when you are supposed to we will suspend your access to the associated subscription content.

6. Your rights to end the subscription contract and how to end the subscription contract

6.1 You can always end your subscription with us. You can do this via your Account in the membership site.

6.2 Once your subscription starts you can’t get a refund for any payments you’ve already made. If you don’t want to subscribe any more, cancel your subscription. You will still have access to the subscription content until the end of the period you have paid for.

6.3 By activating your subscription for the associated digital content, you waive your right to cancel the contract for the purchased digital content within 14 days.

7. Our rights to end the subscription contract

7.1 We may end the subscription contract if you break it or if you do not, within a reasonable time of us asking for it, provide us with any relevant information that is necessary for us to provide our services.

8. If there is a problem

8.1 How to tell us about problems. If you have any questions or complaints, please contact us at sarah@gracehealth.co.uk

9. Price and payment

9.1 Where to find the price for the product. The price of our subscriptions can be found on our Site. We take all reasonable care to ensure that the prices are correct. Prices may change from time to time.

9.2 How you must pay. We accept payment via Stripe when you subscribe on our Site.

9.3 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off,

counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

10. Our responsibility for loss or damage suffered by you if you are a consumer

10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Subscription contract was made, both we and you knew it might happen.

10.2 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; for fraud or fraudulent misrepresentation; and for breach of your legal consumer rights.

10.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial or business purpose our liability to you will be limited as set out in clause 11.

11. Our responsibility for loss or damage suffered by you if you are a business

11.1 Nothing in these terms shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

11.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

11.3 Subject to clause 11.1:

12. How we may use your personal information

12.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

13. Protecting your account and access

13.1 Passwords and access details. You are responsible for keeping passwords and other pieces of access and account information confidential. You must not disclose these to any third party. We have the right to disable any password or access details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these requirements.

13.2 Notify us. If you know or suspect that anyone other than you knows your password or account access details, you must promptly notify us at sarah@gracehealth.co.uk.

13.3 Account control responsibility. As the person who created the subscription contract and who pays subscription fees to us, you are responsible for access and control over the subscription contract, your subscription account with us, and the devices that are used to access our services, and therefore you are responsible for all activity that occurs through your subscription account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your subscription account. We reserve the right to terminate or suspend your subscription account without notice to you in order to protect you, us, or our partners from identity theft or other fraudulent activity.

14. Intellectual property rights

14.1 All intellectual property rights in our digital content and services throughout the world belong to us (or our licensors) and the rights in our digital content and services are licensed (not sold) to you. You have no intellectual property rights in, or to, our digital content and services other than the right to use them in accordance with these terms. You must not infringe our intellectual property rights or those of any third party in relation to your use of our digital content and services.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Subscriber 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 the contract.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Subscriber terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract.

15.4 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.

15.5 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.

15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in the Scottish, English, or Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.

15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.

16. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

17. Other terms that may apply to you

17.1 These terms refer to other additional terms that may apply to you:

(a) Privacy Policy

(b) Cookie Policy

Terms & Conditions

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