EAPP TERMS AND CONDITIONS
1.Introduction to EAPP
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This page tells you the terms on which you may use this website elizabethalexanderphysiotherapyandpilates.com whether as a registered user or guest. Please read carefully before use. By using the site, you accept the terms and agree to obey them. If you don't accept them, please don't use the site.
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2. Who is EAPP
www.elizabethalexanderphysiotherapyandpilates.com Is operated my Elizabeth Muir who is the founder and director of the company. Elizabeth is regulated by all appropriate professional bodies and members of the relevant trade associations, including HCPC and The Chartered Society of Physiotherapists.
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3. Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
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"Account" means collectively the personal information, payment information and credentials used by Users to access Paid Content and/or any System on the Website;
“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee.
“Service/Plan” means collectively any online facilities, any and all Pilates training, teaching, sessions, instruction or information that EAPP makes available through the Website either now or in the future;
“Sessions” means any Pilates sessions which form part of the Paid Content;
“Subscription Fee” means the sum of money paid by Users to keep their Account active and to enable them to access Paid Content;
“Subscription Period” means the period for which a subscription has been purchased;
“System” means any online communications infrastructure that EAPP makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;
“User” / “Users/ “You”” means any third party that accesses the Website and is not employed by EAPP and acting in the course of their employment;
“Website” means the website that you are currently using.
“We/Us/Our/I ” means EAPP run by Elizabeth Muir as company Director.
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4. Account
4.1 An Account is required to use parts of the Website.
4.2 You will need an Account to view the Paid Content and be a Subscriber.
4.3 You may not create an Account if you are under 18 years of age.
4.4 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.5 I recommend that you choose a strong password for your Account. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact me immediately. We will not be liable for any unauthorised use of your Account.
4.6 You must not use anyone else’s Account.
4.7 You must not share your Account details with anyone.
4.8 If you wish to close and delete your Account, you may do so at any time. To do this please email elizabethalexanderltd@gmail.com
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5. Payment
Payment for Subscriptions will be via your chosen payment method and will be billed unless your account is cancelled. You will be billed on a monthly basis, unless you cancel your account. If you re-subscribe your payment will be made immediately to allow full access to the site straight away.
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6. Disclaimers
6.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. The content is of a generalist nature and does not take into account the particular physical or medical condition of individual audience members. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
6.2 Certain Sessions may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition.
6.3 You must ensure that you are fit and well enough to participate in any session that you take part in, and you will at all times be responsible for your own state of health, physical condition and wellbeing.
6.4 If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before participating in a Session.
6.5 You must not participate in any sessions if you are pregnant unless EAPP have been informed and it is a specific pregnancy related class.
6.6 You must not participate in any sessions when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
6.7 If you are unsure of any exercises please contact me, qualified professional or doctor before you commence any exercises or advice recommended. Any exercise holds an element of risk if undertaken without supervision. These exercises are recommendations only and are performed at your own risk. Please consult a doctor if necessary before you perform any of the exercises mentioned on this website or associated materials produced by EAPP.
6.8 If you feel any of the workouts in this section are not suitable for you then you must not perform them.
6.9 If you have had surgery of any kind you must get written and signed permission from your surgeon before starting any of our workouts.
6.10 If you experience any pain or discomfort during any of the exercises you must stop the workout.
6.11 We recommend that you have an EAPP physiotherapy assessment to assess your suitability for the exercises prior to you starting any of our workouts.
6.12 If you choose to do a video that has warnings against your condition you do so at your own risk.
6.13 EAPP accept no responsibility or liability for any loss or injuries caused directly or indirectly through the performing of any exercises given within this website or associated material produced by EAPP. The authors of any information associated with EAPP do not guarantee that any recommended exercises will work, or that you will produce benefits for yourself. Always consult your own GP, if you’re in any way concerned about your health or anything associated with it.
​6.14 The content of this site is not intended for use outside the UK unless otherwise discussed with EAPP.
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7. Subscriptions and Cancellation
7.3 Subscription charges commence at the beginning of every month. Your credit / debit card will be billed monthly thereafter until you cancel your recurring subscription.
7.4 EAPP reserves the right to change Subscription Fees from time to time.
7.5 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that I may, at my sole discretion, accept. My acceptance is indicated by sending to you a subscription confirmation email.
7.6 Subscription confirmations will be sent to you immediately upon your activation of a subscription and shall contain the following information:
7.6.1 Confirmation of the subscription including full details of the main characteristics of the Paid Content available through your subscription;
7.6.2 Pricing for your subscription
7.6.3 The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
7.7 Provision of Paid Content shall commence immediately upon Our confirmation of your subscription.
7.8 You may cancel at any time after subscribing by emailing EAPP at least 72 hours before your payment is due to be taken.
8.Use of the Site
You have permission for temporary use of the free content on this site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. If you have subscribed you will have access to the paid content available on the website. You must treat all identification codes, passwords and other security information as confidential. If I think you have failed to keep confidentiality, I am allowed to disable any security information (including your passwords and codes).
You agree to follow our acceptable use policy. Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely. We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone. We follow a privacy policy in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.
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9.Intellectual Property Rights
I am the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright. You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
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10. EAPP Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site. Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
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11.Uploading to our Site
If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term. Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity. We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.
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12. Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
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13. Links to this Site
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time. You mustn't suggest any endorsement by us or association with us unless we agree in writing.
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14. Links From this Site
Links from our Site Platform to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
15. Variation
We change these terms from time to time and you must check them for changes because they are binding on you.
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16. Applicable Law
16.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
16.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
16.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.
16.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
16.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
16.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
16.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite
Arbitration Scheme.
16.8 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
16.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
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17.Contact EAPP
Please email Elizabeth at elizabethalexanderltd@gmail.com to contact her about any issues.