Terms and Conditions
This Site is owned and operated by Pepilates Limited.
1. Interpretation and variation
1.1 In the Terms and Conditions the following definitions apply
"we", "us" and "our" means Pepilates Limited, a company registered in England as number 10623727,
"you" means the person who agrees to these Client terms in connection with registering as a client with us, buying services (including sessions) or products from us and/or booking any of our sessions (whether or not by using our website, over the telephone, by electronic communication or at a studio),
"group deal" means an arrangement by which you get lower rates for our sessions by virtue of your membership of, or working for, a particular association or organisation,
"products" means any products which we advertise, make available or offer for purchase (whether or not through or via our website, over the telephone, by electronic communication or at a studio),
"services" means any services (including a session) and information ordered by you from us and/or provided by us to you (whether or not through or via our website, over the telephone, by electronic communication or at a studio), including all services offered as part of any course or workshop,
"Studio" means any one of the Pepilates Limited studios at Clapham: Unit 3B, 9 Park Hill, London SW4 9NS and Wimbledon: 126 Merton Road, London SW19 1EJ; and a reference to a Studio in the Terms and Conditions will be to the relevant studio at which a Client has booked to attend sessions, and
"website" means the website at the URL www.pepilates.co.uk and each duplicate of that website (using another URL) or replacement website(s) from time to time.
"Terms and Conditions" means these terms and conditions.
1.2 Any electronic information supplied to you by us will constitute part of a "service" not a product and cancellation and refund rights will apply accordingly.
1.3 References in these terms and conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
1.4 Each reference to this agreement is to the agreement between you and us referred to in paragraph 2.2 below of which these terms form part.
1.5 The Company reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Clients. Any such changes will be notified to Clients and, until revoked, are and will be binding on Clients.
1.6 The Terms and Conditions will be governed by the laws of England and subject to the exclusive jurisdiction of the English courts.
2. Client relationship
2.1 You agree that you become a client of Pepilates Limited upon the terms of this agreement when we accept your application to register with us or to purchase services and/or products from us (whether or not by using our website, over the telephone, by electronic communication or at a studio). Acceptance is in our absolute discretion. You must be 18 or over to become a client and use the facilities at a studio. Before you can become a client, we may ask you for proof of your age and other personal details.
2.2 This agreement is made up of:
(a) your application for registration as a client and our acceptance of your application (in each case whether or not through or via our website, over the telephone, by electronic communication or at a studio),
(b) these terms (as changed from time to time under paragraph 2.3 below),
(e) in relation to your purchase and our supply of a service or product from time to time, your application to purchase of the relevant service or product, any specific terms we indicate as being applicable to that purchase (such as special offer terms) and our acceptance of your application (in each case whether or not through or via our website, over the telephone, by electronic communication or at a studio).
These together form a single legal agreement between us, so please make sure that you read them carefully and understand them. If you have any questions, please ask a Client of our staff. The terms of this agreement forms the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
While this agreement subsists it governs each service or product purchased by you and supplied by us to you. No agreement will exist in relation to a service or product until we have confirmed to you by email the particulars of your order, the value of your order and the service or product (as applicable) you have purchased.
2.3 We reserve the right to change these terms from time to time where we consider it necessary or desirable for Pepilates, a studio and/or the conduct of clients. We will give you reasonable advance notice of such changes. When a change is implemented we will display the updated version of these terms on our website and in each studio. Each change will be binding on you as from the first date you purchase any of our services or products on or following the implementation date of the change or, if earlier, you or your conduct indicates you accept the change.
2.4 If a Client brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Client in accordance with and subject to the Terms and Conditions.
2.5 Clients must be 18 or over or have their parents’ written consent before becoming a Client of the Studio (which consent must be made available on request).
2.6 You can end this agreement, by giving us one full calendar month's notice during a period in which any of the following are subsisting:
(a) the studio you normally use has been closed for more than 31 days in a row in any 12 month period,
(b) the opening hours, facilities or sessions at that studio have been significantly reduced for 31 days in a row, or
(c) that studio has been closed on a permanent basis,
and, in each case, we have not made available another studio providing equivalent sessions within one kilometre of the location of that studio. Where you end this agreement in these circumstances you may be entitled to a refund under paragraph 6.2 below.
2.7 We reserve the right to immediately expel you from each studio, suspend you for a specific period and/or end this agreement where:
(a) you seriously or repeatedly break the conditions of this agreement,
(b) do not pay any sums due to us (including if the credit/debit card you use is not valid or does not work for another reason) on or before the due date,
(c) you allow another person (whether or not a client) to use your sessions without our prior consent,
(d) your conduct is or may, in our reasonable opinion, be injurious to the character of Pepilates,
(e) you or your guests use offensive or abusive language, or use violent or offensive behaviour, at any studios, or if your behaviour puts another client, guest or any member of staff at risk, or
(f) such expulsion is otherwise in the interests of other clients.
If you are expelled and/or we end this agreement under this paragraph, you will forthwith cease to be a client of Pepilates, all your unused and booked sessions will be forfeited, you will not be entitled to any refund, we will not allow you to become a client again in the future and you may not be allowed to enter any studio.
3. Availability of studio, facilities and sessions
3.1 Opening and closing times, peak times and off-peak times will vary from studio to studio. These details are displayed at the studio and on our website. Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.pepilates.co.uk
3.2 The schedule of sessions will vary from time to time. The schedule will be available on our web site, at the studio or by contacting us.
3.3 We may at any time withdraw one or more of our facilities to carry out cleaning, repairs, alterations or improvements, for staff training and meetings, for maintenance or security work, or for reasons that are beyond our control. Where practicable we will tell you about this using the studio's information board.
3.4 If any of the circumstances indicated in paragraph 2.6 above occur:
(a) We will, where possible, give you at least one full calendar month's notice in writing using the contact details we have for you in our records. We will also place a notice on the studio's information board.
(b) We will cancel any bookings for sessions which fall within the affected period (ie converting them to unused sessions) and extend the expiry date of your unused sessions by the shorter of the length of the affected period and 90 days.
3.5 As regards group exercise classes, out of consideration for the trainer and other clients, and also for your own safety (the warm-up is an important aspect of each session) please be aware that if you are more than 5 minutes late for a session, you may not be allowed to participate and no refund will be given.
3.6 Where we operate a booking system in relation to a session, bookings for that session are available on a first come, first served basis and we are not responsible if that session is not available because the maximum number of bookings allowed has been reached.
3.7 Where a facility or session at a studio does not have a booking system in place, that facility or session is available on a first come, first served basis and we are not responsible if that facility or session (and related equipment or service) is not available because another client is using it or the maximum number of classes/people allowed has been reached.
4. Booking, cancellation and expiry of sessions
4.1 Details of each session, any specific conditions applying to it and its price and gift certificate prices are available either on our website, by contacting us or at a studio and will be as determined by us from time to time. Not all types of session, price option and gift certificate will be available at all times and at all studios. We may, at any time, choose to withdraw a type of session, price option or gift certificate.
4.2 Where we indicate that specific conditions apply to a session purchased by you, those specific conditions form part of this agreement in relation to that session and the shall take precedence to the extent that they are inconsistent with other parts of this agreement.
4.3 Our prices may be increased by us at any time. We shall give you not less than 14 days notice prior to any such increases. Information provided by us as to pricing and availability is subject to change by us without notice.
4.4 Unless we indicate otherwise:
(a) you must first purchase and pay for each session in advance, which we will immediately credit to your account,
(b) each session must be used during its availability period, being the period ending on and including its expiry date (stated when a package is purchased but varies between one month for a taster class, three months for a starter pack and six months for other packages), and
(c) where we operate a booking system in relation to a session, you shall not attend any session unless you have booked an available place in it.
4.5 You can apply each unused session standing to the credit of your account in booking an available place in a session of the relevant type which appears in our timetable, satisfies any conditions applicable to your purchase of that unused session and which is scheduled to occur prior to the expiry date of that unused session. Bookings can be made using any online booking system, which we make available from time to time, or by contacting us. You can make a booking by telephone or in person at a studio's reception, as long as you provide information requested by our staff to confirm your identity as a client.
4.6 Where you make a booking in respect of a session you have purchased, that session shall be treated as having been used (and not available to make any other booking) unless:
(a) a cancellation request in respect of that booking is received in person by a member of staff (ie during a telephone conversation, via email or while you are at the studio) during the cancellation period, or
(b) our website booking system accepts and processes the cancellation during the cancellation period.
The cancellation period runs from the time you make the booking until the time which is 24 hours before the scheduled start time of the booked session.
Please note that if you make a cancellation request by email, text message, voice mail or other form of electronic communication you are taking the risk that the request will not be received by us during the cancellation period.
If we receive a cancellation request from you during the cancellation period, we will cancel your booking and that session will be treated as unused and available to make another booking. In any other case the session will be treated as having been used, whether or not you attend, and you will not be entitled to a refund or to use it for a make another booking.
4.7 We may cancel any session without having to give advance notice or to give any reason (this could, for example, occur where a trainer becomes ill and we cannot schedule a replacement). If so we will cancel your booking for that session and treat that session as unused, so that you can use it for a make another booking, and extend the expiry date of that session by 30 days.
4.8 Except where paragraph 4.9 below applies, when you are purchasing a session you are paying for a session and not a particular trainer and accordingly a different trainer may take the session without any need for prior notice and this will not entitle you to cancel your booking of that session after the expiry of the cancellation period. If, however, a change of trainer is made during the cancellation period, we will try to send a notification to you.
4.10 You cannot transfer unused sessions or session bookings to any other person or permit them to be used by any other person. Any assignment, transfer or disposal of unused sessions or session bookings is at our sole discretion and may only be permitted in exceptional circumstances.
4.11 If the association or organisation you work with or are a Client of has arranged a group deal, you can purchase sessions using the applicable group deal rate while you work with or are a Client of that association or organisation. You must provide proof of your eligibility for the relevant group deal each time when requested by us. You must let us know as soon as you cease to be entitled to a group deal.
5. Freezing the availability period of your unused sessions
5.1 You may freeze (suspend) the availability period of sessions you have purchased but not used (ie not applied to bookings) for between one month and 12 full calendar months for the following reasons only: pregnancy, serious illness, or serious injury.
5.2 Other cases are subject us agreeing to a freeze in our absolute discretion and may require you to pay a supplemental amount in return for the freeze.
5.3 If you want to freeze the availability period you must apply to us in writing or by filling in a form at your studio at least 21 days prior to the expiry date. We will tell you whether or not your application satisfies the requirements, and we may ask you to provide proof of your pregnancy, illness, injury or other reason.
Upon accepting your application we will notify you of the start and end date of the freeze period, cancel any bookings for sessions which fall within the freeze period (ie converting them to unused sessions) and extend the expiry date of your unused sessions by the length of the freeze period.
5.4 You will not be allowed to use any of our studios' facilities during a freeze period.
5.5 You may reduce the freeze period (eg if you recover from your injury or illness earlier than expected) by notifying us in writing. We will then adjust our records (including the expiry date of your unused sessions) accordingly.
5.6 Freezing the availability period of sessions is not the same as cancelling this agreement. To cancel this agreement you must follow the procedure indicated in paragraph 2 above.
5.7 Where a facility would normally be used by you for booking sessions but it becomes temporarily unavailable for such sessions for more than 7 days with the result that you cannot book or attend sessions scheduled to occur during that period we will automatically extend the availability period of your unused sessions by the number of days that facility remains unavailable.
6.1 Each amount you pay for a session or gift certificate is non-refundable except where stated in these terms or in specific conditions we indicate apply to that session or gift certificate. Other cases are subject us agreeing to a refund in our absolute discretion and we may make an administration charge (£25.00) which we will be entitled to deduct from the refund.
6.2 If this agreement is ended by virtue of paragraph 2.6 above, we will give you a full refund within a reasonable time for all sessions you have paid for but not used. Where you have purchased a package of sessions and used at least one of them, the refund will be the amount you paid less the price of the used sessions calculated at the rate per session applicable to that package.
6.4 Each refund will be given by bank transfer or it will be made to the credit or debit card originally used to make the purchase.
7. Fitness and Health
7.1 By agreeing to these Terms and Conditions Clients hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.
7.2 It is the Client’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).
7.3 Clients are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and wellbeing. Clients with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Client should consult his doctor. Clients may train (with consent from their Doctor sent to the Pepilates office) during pregnancy until the end of their 2nd trimester only.
7.4 The Studio reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.
7.5 Clients are required to follow the instructions of the instructor at all times.
8. Use of a studio and its facilities, Safety and Hygiene
8.1 While visiting or using a studio you must pay particular attention to all notices and signs relating to health and safety. If you do not understand a notice or sign, you must ask a member of staff at the studio.
8.2 You must at all times comply with any reasonable directions which a member of staff issue to ensure the smooth operation of a studio for the convenience of all clients.
8.3 You should not use any item of equipment within a studio unless you are sure that you know how to use it safely. If you are not sure, ask for advice from a member of staff.
8.4 You must use the main entrance to a studio when entering or leaving that studio. Fire exits are clearly marked throughout a studio and you must not interfere with them. In the of fire or the fire alarm going off, you must leave the premises through the nearest safe exit and make your way to the assembly point outside.
8.5 You are not allowed to smoke in any part of a studio.
8.6 You must not bring crockery, glass or food into any exercise room or changing room within a studio. Only water is permitted in any exercise room.
8.8 No pets, other than guide dogs, are allowed in a studio.
8.9 While you are at the studio you must behave appropriately, respectfully and politely at all times. We can prevent you from entering the studio, or ask you to leave, if we think, in our absolute discretion, that your behaviour or appearance is not appropriate.
8.10 You must dress appropriately for the place, time of day and the type of session. For fitness sessions we recommend that you wear stretch pants or shorts and a T-shirt or sports top. Please keep zipped clothing to a minimum.
8.11 If you have a veruca or similar foot complaint you must not walk around a studio barefoot and you must wear socks throughout fitness sessions. Apart from that you should attend fitness sessions barefoot or, if preferred, with socks. Outdoor footwear should be removed in the reception and hallway areas before entering a changing room or an exercise room.
8.12 Personal belongings are brought onto the Studio premises at the Client's own risk and the Company does not accept liability for any loss or damage whatsoever to such items. We will keep any lost property for one month.
8.13 If you bring a non-client to a studio you are responsible for that non-client and ensuring that the non-client complies with this agreement as if the non-client were you. If the non-client does not comply with any of the terms of this agreement it will constitute a breach of this agreement by you.
8.14 Children under the age of 16 may only attend private classes accompanied by an adult.
9.1 We have tried to ensure that all product information provided by us to you is accurate. Some information, including images and specification, are derived from third party sources such as manufacturers. Therefore we are not liable if this information is not completely accurate.
Colours are representative and may not reflect exact shades. Colours are subject to change. You accept that colour differences can occur in any product when it is being viewed and compared on a computer screen. You accept that you will have no right to reject the product on the basis of minor colour differences.
9.2 We reserve the right to change and remove any item from our catalogue at any time.
9.3 If a fault is discovered in a finished product and this is not due to the way the product has been handled, stored, or displayed by you, a replacement product will be exchanged for the faulty product. Payment refunds will not be made (unless the transaction has been concluded over the internet and the conditions noted below relating to the return of goods have been adhered to).
9.4 Prices of products stated on the web site may be subject to changes without any liability on our part. In such a case we will make you aware of this as soon as reasonably practicable and a full refund will be given, if required.
9.5 The total cost of your order is the price of the goods together with delivery charges. While we try and ensure that all prices we provide are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
9.6 Title of each product supplied shall remain with us until payment has been received in full.
9.7 If you wish to change or cancel an order please contact us as soon as possible. Please have the Order ID and date the order was placed to hand. For each part of the order which has already been dispatched or delivered, you will need to follow our returns procedure.
9.8 A product sold via our website can be returned within 7 working days of date of delivery. A refund of the price you paid will be provided within 30 days as long as the product (which includes all relevant packaging) is returned in the same condition as it was dispatched.
9.9 If you are returning an item during that 7 day period or, after that, because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a personalised pre-paid return label, or by refunding your return postage costs). Otherwise you are responsible for the cost of returning the product.
9.10 Any delivery period quoted by us is provided as a guide for you. We are not liable for any loss incurred by you due to delivery of the product occurring after the period quoted.
Your order will usually be dispatched within 10 working days as long as all items are in stock; if there are item(s) out of stock we will send them as soon as is practicable. If the item is permanently out of stock, we will contact you via telephone or email and arrange a refund.
If you haven't received your order within the specified time or there is a problem with your order, please contact us as soon as possible. Please have the Order ID and date the order was placed to hand.
Delivery charges are based on the weight of the order and the region to which it will be posted. If you select the wrong region for any reason and it results in lower postage than is needed to send the order, we will contact you to arrange payment of the outstanding postage before we send the order. If it results in higher postage, please contact us and we will refund the difference.
10. Information about you
10.1 All information you provide to us (including, but not limited to, in the registration documentation, filling in a questionnaire, taking part in a physical assessment or participating in a session) must be honest, not misleading, accurate and up to date. You must keep this information up to date throughout your time as a client. We are not liable for any loss to the extent it arises as a result of information that is false, misleading inaccurate or out of date.
10.3 We will use the contact details we have most recently received from you to communicate with you. You must keep us up to date with any changes to your contact details.
Email may be used for communications between us and you, including for notices under this agreement. You accept the risk that email may not be a secure and confidential means of communication. We will not be liable for any loss or damage suffered as a result of communicating with you by email.
10.4 We have reasonable technical and organisational security measures in place to try to prevent the loss of or unauthorised access to your personal information. While we try to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.
10.5 If you purchase one or more sessions and/or products using a group deal arranged in relation to an association or organisation, you agree that we can give that association or organisation details of your purchases, bookings and use of our facilities, services and products in connection with that group deal.
11. Limitation and exclusion of liability
11.1 We are not liable for loss or damage to your property or for injury to you (whether or not within or outside a studio), including without limitation:
(a) loss or damage to personal belongings at the studio unless the loss or damage is caused by our negligence,
(b) loss caused by any particular facility, session, trainer and/or item of equipment not being available for whatever reason, and
(c) loss caused by your own fault, the fault of someone else who is not directly connected with providing our services under these terms and conditions or events which we could not have known about beforehand even if we had taken all reasonable care,
except, in each case insofar as such loss, damage or injury is by law incapable of exclusion. In this agreement, we are not excluding our liability for death or personal injury caused by our negligent act or omission or for fraud.
11.2 Where we are liable to pay you compensation for loss or damage (other than for death or personal injury) it shall be limited to a reasonable amount, taking account of factors such as whether the damage was due to our negligence, and we shall not be liable to compensate for direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising.
11.3 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.
12.1 If you have a comment, suggestion or complaint please speak to a member of staff at the studio, use our feeback box in the Clapham Studio or contact us using the details indicated on the Contact us page in our website. We will keep a record of a complaint and we will respond to it.
12.2 We may need to transfer (assign) all or part of this agreement to another person. We can do this as long as your rights under the agreement will not be reduced.
12.3 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this agreement.
12.4 Any marketing, educational or other materials of any nature whatsoever produced by or for us in connection with Pepilates and which are made available to you or other clients will at all times remain our property and will be subject to our copyright.
12.5 Clients are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Client within five days of mailing to the last address notified to the Company.
12.6 The Company reserves the right to refuse admission to the Studio.
12.7 The Company may assign the benefit of the Registration Process and a Client's membership to a third party at any time without notice to the Client.
12.8 A person who is not a party to the Registration Process has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Registration Process.
12.9 The Company may, if a Client so wishes, communicate with the Client by electronic mail ("email"). By providing an email address to the Company the Client consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The Client also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Client by email.
12.10 Clients must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Clients.
12.11 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Clients at the Studio will at all times remain the property of the Company and will be subject to the Company's copyright.
Pilates Limited is a private limited company registered in England as number 10623727 which trades as Pepilates. Our UK VAT number is 262 4449 03. Our principle place of business is Unit 3B, 9 Park Hill, London SW4 9NS and our registered office is at 5 Luke Street, London EC2A 4PX. Further details about the company are available from the Registrar of Companies for England and Wales (known as Companies House).
This website is owned and operated by us, Pepilates Limited, a company registered in England as number 10623727
1. Website use agreement
1.1 In these terms "website" means the website at the URL www.pepilates.co.uk and each duplicate of that website (using another URL) or replacement website(s) from time to time.
1.2 These terms are important because, by using our website, you're indicating that you accept and agree to comply with these terms. We may amend these terms (especially if we add new contents or features to our website), so you must check them each time you visit our website; your continued use of our website will indicate that you accept and agree to any amendments. These terms form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
1.3 From time to time, we may update and change these terms without notice. You'll always find the latest version of these terms on the www.pepilates.co.uk website. Your continued use of our website indicates that you accept and agree to any amendments.
These terms were last updated on 14 July 2017.
2. Use of our website
2.1 You agree to use our website in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use and enjoyment of the website. If you don't comply with these terms, we may deny you access to our website.
2.2 You may copy, download, print and use content from our website only for your private, personal and non-commercial use and purpose. We do not guarantee or warrant that any content from our website which you download or use is free from infection, viruses, trojans and/or other contaminating codes.
2.3 You agree to provide information that is truthful and accurate. You agree to use the registration, booking, suggestion and feedback forms on our website to make only genuine enquiries and/or bookings for you or for other persons for whom you are authorised to act.
2.4 You will not use the website:
(a) to send by e-card, email, post, upload or otherwise transmit any material that is unlawful, threatening, menacing, abusive, racist, offensive, defamatory, invasive of privacy, vulgar, obscene, profane or infringing of any intellectual property, or
(b) to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, or
(c) to damage, impair or destroy the reputation of Pepilates.
2.5 You agree not to reproduce, distribute, modify or re-post our content on another website, frame or mirror our website or link to our website without our prior written consent.
2.6 You agree not to do anything that does or may interfere with the proper working of the website including but not limited to:
(a) tampering with, or hacking into, the website or any related computer system (including the servers on which it resides), and
(b) making excessive traffic demands, delivering viruses or forwarding chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the website.
2.7 You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law.
2.8 We have no obligation to monitor the use of the website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
3. Access to our website
3.1 We try to update, upgrade and maintain our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. If required, we may have to close our website indefinitely. We will not be liable if, for any reason, our website is unavailable at any time or for any period of time. You should refresh your browser each time you visit the website to ensure that you download the most up to date version of the website as we may change the website from time to time.
3.2 Access to, the operation of or use of the website or any websites or pages linked to it will not necessarily be uninterrupted or error-free.
3.3 Our website may have some sections accessible only by a user identification code and/or password ("pass codes"). From time to time, we may restrict access to those sections, or to the entire website, to users who have registered with us. If you choose, or you are provided with, a pass code, you must treat such information as confidential and only use it yourself. We may disable or suspend your access or any pass code, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to the website or any data you might store on it.
4. Content on our website
4.1 We own, or are the licensee of, the intellectual property rights in the content of our website, including but not limited to text, photos, graphic designs, images, audio, video recordings and any data entered or stored by you (the intellectual property rights in which you assign to us) and Pepilates brands, trade marks and logos.
4.2 Use of our website does not give you any right to use or reproduce any of its content or the brands, trademarks and logos on it. You must not use the Pepilates brand, logos or marks without written licence. You must not include or create links to or from the website without our written authority.
4.3 Our website may contain links to third party websites and resources. We have no control over the contents of those websites, resources or third parties and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We do not review, censor, approve, edit or endorse any information placed on third party websites or resources.
4.4 Some of the images that appear on our website are generic images: not all images of facilities on a studio's page of the website may be of the studio referred to in that page.
5. Your privacy
5.2 We collect and process your personal information in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all other applicable data protection legislation, as amended from time to time.
5.3 We have technical and organisational security measures in place to prevent the loss of or unauthorised access to your personal information. While we try to ensure the security of your data, we cannot guarantee the security of information transmitted over the Internet.
6.1 We use "cookies" to store and collect information regarding your usage of the website. They're small pieces of information stored by the browser on your computer's hard drive. They send information stored on them back to our web server when you access our website. It helps us to know what you're viewing on our website and how you navigate around the website, which ultimately helps us make improvements to the website.
7. Limitation and exclusion of liability
7.1 The material on our website is provided without any guarantees, conditions or warranties, including warranties of merchantability, non-infringement of intellectual property, fitness for purpose, or accuracy or completeness of any information.
7.2 To the extent permitted by law, we and third parties connected to us exclude:
(a) all conditions, warranties and other terms which otherwise be implied by statute, common law or the law of equity, and
(b) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.3 Except as expressly set out in these terms, all representations, warranties, conditions and other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. However, nothing in these terms is intended to exclude our or your liability for death or personal injury arising from negligence.
7.4 Commentary and other materials posted on our website do not amount to an offer to contract or advice on which reliance should be placed, and we do not intend that you should interpret it as such. We disclaim all liability and responsibility arising from any reliance placed on such materials by anyone visiting our website, or by anyone who may be informed of any content on our website.
8.2 If any of these terms are held to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these terms will continue in full force and effect.
8.3 You agree that any and third parties connected to us may rely on and enforce these terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999.
8.4 You agree that we may assign or novate this agreement between you and us to anyone without notice to you.