Terms and Conditions of Service
By accessing Freshly Centered’s website (www.freshlycentered.com), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Welcome to FRESHLY CENTERED and www.freshlycentered.com.
This page tells you the terms on which you may use our website www.freshlycentered.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.
2.Who We Are
www.freshlycentered.com is operated by Tracy Ward as a Sole Trader.
We are regulated by our appropriate professional bodies and members of relevant trade associations, including HCPC and The Chartered Society of Physiotherapists.
- Definitions and Interpretation
In this Agreement, the following terms shall have the following meanings:
means collectively the personal information, payment information and credentials used by Users to access Paid Content and/or any System on the Website;
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 Website;
means any Content that is accessible without the payment of a Subscription Fee;
means Content accessible only upon the creation of an Account and the payment of a Subscription Fee.
means collectively any online facilities, means any and all Pilates training, teaching, sessions, instruction or information that FRESHLY CENTERED makes available through the Website either now or in the future;
means any Pilates sessions which form part of the Paid Content;
means the sum of money paid by Users to keep their Account active and to enable them to access Paid Content;
means the period for which a subscription has been purchased;
means any online communications infrastructure that FRESHLY CENTERED 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 FRESHLY CENTERED and acting in the course of their employment;
means the website that you are currently using www.freshlycentered.com.
means FRESHLY CENTERED run by Tracy Ward.
4.1 An Account is required to use parts of Our 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 We 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 Us 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 firstname.lastname@example.org.
5.1 The sale of any online class is final and no refunds will be provided.
5.2 The sale of any downloadable product is final and no refunds will be provided.
5.3 Payment for Subscriptions will be due immediately upon purchase. Your chosen payment method 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.
6.1 The content on this site (www.freshlycentered.com) is provided for general information only. This extends to any written and/or video content, whether provided free of charge or via purchase. 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. The information available is not intended to be a substitute for medical advice and does not replace the relationship that exists between an audience member and their healthcare professional. For this reason, it may not be suitable for You. 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 they are pregnancy-specific sessions.
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 us or consult with a Physiotherapist, 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 Freshly Centered and Tracy Ward.
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 you have a 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 FRESHLY CENTERED 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 FRESHLY CENTERED. The authors of any information associated with FRESHLY CENTERED 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.
- Subscriptions and Cancellation
7.1 Subscription charges commence immediately upon purchase. Your credit / debit card will be billed monthly thereafter until you cancel your recurring subscription.
7.2 FRESHLY CENTERED reserves the right to change Subscription Fees from time to time.
7.3 No part of this Website constitutes a contractual offer capable of acceptance. Your order for a subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you a subscription confirmation email.
7.4 Subscription confirmations will be sent to you immediately upon your activation of a subscription and shall contain the following information:
7.4.1 Confirmation of the subscription including full details of the main characteristics of the Paid Content available through your subscription;
7.4.2 Pricing for your subscription
7.4.3 The applicable times and dates for your subscription (including the commencement date, expiry and/or renewal date);
7.5 Provision of Paid Content shall commence immediately upon Our confirmation of your subscription.
7.6 You may cancel at any time after subscribing by emailing email@example.com at least 24 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 we think you have failed to keep confidentiality, we are 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.
The materials appearing onFreshly Centered’s website could include technical, typographical, or photographic errors. Freshly Centered does not warrant that any of the materials on its website are accurate, complete or current. Freshly Centered may make changes to the materials contained on its website at any time without notice. However, Freshly Centered does not make any commitment to update the materials and material on the site may be out-of-date. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
9.Intellectual Property Rights
We are 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.
10.Our 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.
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 can read this policy at [Insert Link]. 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.
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 must not 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.
13.Links to Our 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.
14.Links From Our 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.
We change these terms from time to time and you must check them for changes because they are binding on you.
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 These terms and conditions will be governed by and construed in accordance with Scots law. Any disputes arising in connection with these terms and conditions will be subject to the exclusive jurisdiction of the Scottish courts.
Please email us at firstname.lastname@example.org to contact us about any issues.