Terms & Conditions

These Terms & Conditions were last updated on February 22, 2021.

Terms of Use

Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, freedomofmotion.co.uk (“My Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of My Site and You will be required to read and accept these Terms of Use when signing up for an Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using My Site immediately. These Terms of Use do not apply to the sale of services. Please refer to my Terms of Sale for more information.

1. Definitions & Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”	means an account required for a User to access and/or use certain areas of My Site, as detailed in Clause 4;
“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site;
“User”	means a user of My Site;
“User Content”	means any content submitted to My Site by Users including, but not limited to, product reviews and comments; and
“I/Me/My”	means Beth Neale trading as Freedom of Motion of Swindon, UK.

2. Information About Me

2.1 My Site is owned and operated by Beth Neale, trading as Freedom of Motion, a sole trader.

3. Access to My Site

2.1 Access to My Site is free of charge.

2.2 It is your responsibility to make any and all arrangements necessary in order to access My Site.

2.3 Access to My Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. We will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.

4. Account

4.1 Certain parts of My Site (including the ability to purchase products/services from Me) may require an Account in order to access them.

4.2 You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of My Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

4.3 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.

4.4 I recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Me immediately at beth@freedomofmotion.co.uk. We will not be liable for any unauthorised use of your Account.

4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and My obligations under the law, as set out in Clause 17.

4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of My Site requiring an Account for access. User information will be removed from the website or anonymised where it cannot be removed without affecting operation of the website.

4.8 If you close your Account, any user submitted reviews or comments you have created on My Site will be deleted or anonymised by removing your username.

5. Intellectual Property Rights

5.1 With the exception of User Content (see Clause 6), all Content included on My Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Me.

5.3 You may:

5.3.1 Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2 Download My Site (or any part of it) for caching;

5.3.3 Print page(s) from My Site;

5.3.4 Download extracts from pages on My Site; and

5.3.5 Save pages from My Site for later and/or offline viewing.

5.4 My status as the owner and author of the Content on My Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5 You may not use any Content saved or downloaded from My Site for commercial purposes without first obtaining a licence from Me (or our licensors, as appropriate) to do so.

5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

6.1 User Content on My Site includes (but is not necessarily limited to) product/service reviews and comments.

6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.

6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12

6.4 You agree that you will be liable to Me and will, to the fullest extent permissible by law, indemnify Me for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Me as a result of such breach.

6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Me an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting My Site. In addition, you also grant Other Users the right to copy and quote your User Content within My Site.

6.6 If you wish to remove User Content from My Site, the User Content in question will be deleted. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of My reasonable control).

6.7 We may reject, reclassify, or remove any User Content from My Site where, in My sole opinion, it violates My Terms of Use, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to My Site

7.1 You may link to My Site provided that:

7.1.1 you do so in a fair and legal manner;

7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;

7.1.3 you do not use any logos or trade marks displayed on My Site without Myr express written permission; and

7.1.4 you do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.

7.2 You may link to any page of My Site.

7.3 Framing or embedding of My Site on other websites is not permitted without My express written permission. Please contact Me at beth@freedomofmotion.co.uk for further information.

7.4 You may not link to My Site from any other site the main content of which contains material that:

7.4.1 is sexually explicit;

7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.4.3 promotes violence;

7.4.4 promotes or assists in any form of unlawful activity;

7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.4.7 is calculated or is otherwise likely to deceive another person;

7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

7.4.10 implies any form of affiliation with Me where none exists;

7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.5 The content restrictions in sub-Clause 7.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 7.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

8. Links to Other Sites

Links to other sites may be included on My Site. Unless expressly stated, these sites are not under My control. I neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers

9.1 Nothing on My Site constitutes advice on which you should rely. It is provided for general information purposes only.

9.2 Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of My failure to exercise reasonable care and skill, any digital content from My Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.3 I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up-to-date. I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through My Site. Please refer to My Terms of Sale for more information.

10. My Liabiliy

10.1 The provisions of this Clause 10 apply only to the use of My Site and not to the sale of services, which is governed separately by My Terms of Sale.

10.2 To the fullest extent permissible by law, I accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content (including User Content) included on My Site.

10.3 To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.

10.4 If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.5 We exercise all reasonable skill and care to ensure that My Site is free from viruses and other malware. However, subject to sub-Clause 9.2, I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.

10.6 I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.7 Nothing in these Terms of Use excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware & Security

11.1 I exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.

11.4 You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.

11.5 You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them. Your right to use My Site will cease immediately in the event of such a breach.

12. Acceptable Use Policy

12.1 You may only use My Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

12.1.2 you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3 you must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4 you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2 When submitting User Content (or communicating in any other way using My Site), you must not submit, communicate or otherwise do anything that:

12.2.1 is sexually explicit;

12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

12.2.3 promotes violence;

12.2.4 promotes or assists in any form of unlawful activity;

12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7 is calculated or is otherwise likely to deceive;

12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10 implies any form of affiliation with Me where none exists;

12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3 We reserve the right to suspend or terminate your access to My Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, I may take one or more of the following actions:

12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access My Site;

12.3.2 remove any User Content submitted by you that violates these Terms of Use;

12.3.3 issue you with a written warning;

12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

12.3.5 take further legal action against you as appropriate;

12.3.6 disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or

12.3.7 any other actions which I deem reasonably appropriate (and lawful).

12.4 I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms of Use.

13. Privacy & Cookies

Use of My Site is also governed by My Cookie Policy and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.

14. Changes to These Terms of Use

14.1 I may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of My Site after the changes have been implemented. You are therefore advised to check this page from time to time.

14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Me

To contact Me, please email Me at beth@freedomofmotion.co.uk or using any of the methods provided on My Contact page.

16. Communication From Me

16.1 If I have your contact details (if, for example, you have an Account) I may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, My Terms of Sale, and changes to your Account.

16.2 I will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time by contacting Me. If you opt out of receiving emails from Me at any time, it may take up to 10 business days for Me to comply with your request. During that time, you may continue to receive emails from Me.

16.3 For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me at beth@freedomofmotion.co.uk or via My Contact page.

17. Data Protection

We will only use your personal information as set out in My Privacy Policy, and My Cookie Policy.

18. Law & Jurisdiction

18.1 These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms of Use, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4 If you are a business, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Terms of Sale

Background

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this website, freedomofmotion.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions & Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Services, as explained in Clause 8;
“Order”	means your order for the Services;
“Order Confirmation”	means My acceptance and confirmation of your Order;
“Services”	means the services which are to be provided by Me to you as specified in your Order (and confirmed in My Order Confirmation); and
“I/Me/My”	means Beth Neale trading as Freedom of Motion of 1 Ixworth Close, Swindon, SN5 5YH.

2. Information About Me

2.1 My Site is owned and operated by Beth Neale, trading as Freedom of Motion, a sole trader.

3. Access to and Use of My Site

3.1 Access to My Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access My Site.

3.3 Access to My Site is provided “as is” and on an “as available” basis. I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice. I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of My Site is subject to My website Terms of Use. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

4.1 Consumers may only purchase Services through My Site if they are at least 18 years of age.

4.2 None of the Services on My Site may be purchased by anyone under 18 years of age.

5. Business Customers

These Terms of Sale do not apply to customers purchasing Services in the course of business.

6. Services, Pricing & Availability

6.1 I make all reasonable efforts to ensure that all general descriptions of the Services available from Me correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

6.2 Please note that sub-Clause 6.1 does not exclude My responsibility for mistakes due to negligence on My part and refers only to variations of the correct Services, not to different Services altogether.

6.3 Where appropriate, you may be required to select the required number of Services.

6.4 I neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are provided on My Site however, such indications may not take into account orders that have been placed by other customers during your visit to My Site.

6.5 I make all reasonable efforts to ensure that all prices shown on My Site are correct at the time of going online. I reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed.

6.6 All prices are checked by Me when I process your Order. In the unlikely event that I have shown incorrect pricing information, I will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. I will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). I will not proceed with processing your Order until you respond. If I do not receive a response from you within 14 days, I will treat your Order as cancelled and notify you of the same in writing.

6.7 In the event that the price of Services you have ordered changes between your Order being placed and Me processing that Order and taking payment, you will be charged the price shown on My Site at the time of placing your Order.

7. Orders – How Contracts Are Formed

7.1 My Site will guide you through the ordering process. Before submitting your Order to Me you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.

7.2 No part of My Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that I may, at My sole discretion, accept. My acknowledgement of receipt of your Order does not mean that I have accepted it. My acceptance is indicated by Me sending you an Order Confirmation by email. Only once I have sent you an Order Confirmation will there be a legally binding contract between Me and you (“the Contract”).

7.3 Order Confirmations shall contain the following information:

7.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

7.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;

7.4 If I, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If I have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

7.5 You may change your Order at any time before I begin providing the Services by contacting Me.

7.6 If you change your Order, I will confirm all agreed changes in writing.

7.7 If you change your mind, you may cancel your Order or the Contract before or after I begin providing the Services subject to these Terms of Sale. For details of your cancellation rights, please refer to Clauses 10 and Clause 11.

7.8 I may cancel your Order at any time before I begin providing the Services in the following circumstances:

7.8.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or

7.8.2 An event outside of My control prevents the class from occurring (please refer to Clause 15 for events outside of My control).

7.9 If I cancel your Order under sub-Clause 7.8 and I have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days. If I cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.

7.10 Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Services unless you specifically request that I make a refund using a different method and I am able to accommodate that method.

8. Payment

8.1 Payment for the Services will be due in the form of an advance payment of 100% of the total price for the Services. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.

8.2 I accept the following methods of payment on My Site:

8.2.1 PayPal;

8.3 If you do not make any payment to Me before attending the class you must pay on arrival or will be refused admission to the class.

8.4 The provisions of sub-Clause 8.3 will not apply if you have promptly contacted Me to dispute an invoice in good faith.

9. Provision of the Services

9.1 As required by law, I will provide the Services with reasonable skill and care, consistent with best practices and standards in the fitness industry, and in accordance with any information provided by Me about the Services and about Us. I will begin providing the Services on the date agreed when you make your Order (which I shall confirm in the Order Confirmation). Please note that if you request that the Services begin within the legal 14 calendar day cancellation (or “cooling off”) period, your right to cancel may be limited or lost. Please refer to Clauses 10 and 11 for more details on your cancellation rights, including the cooling off period. I will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

9.2 I will continue providing the Services as per the class calendar.

9.3 I will make every reasonable effort to provide the Services in a timely manner. I cannot, however, be held responsible for any delays if an event outside of My control occurs. Please refer to Clause 15 for events outside of My control.

9.4 If I require any information or action from you in order to provide the Services, I will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, I may require information or action such as completion of a health and fitness questionnaire.

9.5 If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, I will not be responsible for any delay caused as a result. If additional work is required from Me to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, I may charge you a reasonable additional sum for that work.

9.6 In certain circumstances, for example where there is a delay in you sending Me information or taking action required under sub-Clause 9.4, I may suspend the Services (and will inform you of that suspension by email).

9.7 In certain circumstances, for example where I encounter a technical problem, I may need to suspend or otherwise interrupt the Services to resolve the issue. Unless the issue is an emergency that requires immediate action I will inform you in advance by email or text message where appropriate before suspending or interrupting the Services.

9.8 If the Services are suspended or interrupted under sub-Clauses 9.6, or 9.7 you will not be required to pay for them during the period of suspension. You must, however, pay any sums that may already be due.

9.9 If you do not pay Me for the Services as required by Clause 8, I may suspend the Services until you have paid any and all outstanding sums due. If this happens, I will inform you on screen, by email or text message where appropriate.

10. Your Legal Right to Cancel (Cooling Off Period)

10.1 If you are a consumer in the UK or European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is accepted and I have sent you an Order Confirmation, i.e. when the Contract between you and Me is formed. The period ends at the end of 14 calendar days after that date.

10.2 If you wish to exercise your right to cancel under this Clause 10, you must inform Me of your decision within the cooling off period. You may do so in any way you wish. Cancellation by email or by post is effective from the date on which you send Me your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send Me an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact Me directly to cancel, please use the details in Clause 16.

10.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve My services in the future, however please note that you are under no obligation to provide any details if you do not wish to.

10.4 As specified in sub-Clause 9.1, if the Services are to begin within the cooling off period you agree to the following:

10.4.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.

10.4.2 If you cancel after provision of the Services has begun but is not yet complete you will still be required to pay for the Services provided up until the point at which you inform Me that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued no later than 14 calendar days after you inform Me that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method and I am able to accommodate that method.

11. Cancellation After Legal Cancellation Period

11.1 Cancellation of Contracts after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services.

11.2 If you wish to cancel under this Clause 11, you must inform Me of your decision to do so. You may do so in any way you wish. If you would like to contact Me directly, please use the details in Clause 16.

11.3 I may ask you why you have chosen to cancel and may use any answers you provide to improve My services in the future, however please note that you are under no obligation to provide any details if you do not wish to.

11.4 You may be entitled to cancel immediately by giving Me written notice in the following circumstances:

11.4.1 I breach the Contract in a material way and fail to remedy the breach within 14 days of you asking Me to do so in writing; or

11.4.2 I go into liquidation or have a receiver or administrator appointed over My assets; or

11.4.3 I change these Terms of Sale to your material disadvantage; or

11.4.4 I am adversely affected by an event outside of My control as under sub-Clause 15.2.5).

11.5 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Me that you wish to cancel (please note that this may include charges for preparatory work that I have undertaken where I have reasonably incurred costs). Such sums will be deducted from any refund due to you or, if no refund is due, I will inform you of the relevant sums. If you are cancelling due to My failure to comply with these Terms of Sale or the Contract, you will not be required to make any payment to Me (unless such failure is due to an event outside of My control or is due to your failure to comply with any of your obligations).

11.6 Specifically for fitness classes you will not be eligible for a refund if you cancel within the period starting 24 hours before the start time of the class.

11.7 Refunds under this Clause 11 will be issued to you no later than 14 calendar days after the date on which you inform Me that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method and I am able to accommodate that method.

12. My Right to Cancel

12.1 For cancellations before I begin providing the Services, please refer to sub-Clause 7.9.

12.2 I may cancel the Services after I have begun providing them due to an Event outside of My control (as under sub-Clause 15.2.4), or due to the non-availability of required personnel, venue and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that I have already provided up until the point at which I inform you that I are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, I will inform you of the relevant sums.

12.3 Once I have begun providing the Services, I may cancel the Contract at any time and will give you at least 7 calendar days written notice of such cancellation where possible. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, I will inform you of the relevant sums.

12.4 Refunds due under this Clause 12 will be issued to you no later than 14 calendar days after the day on which I inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Services unless you specifically request that I make a refund using a different method and I am able to accommodate that method.

12.5 I may cancel immediately by giving you written notice in the following circumstances:

12.5.1 You fail to make a payment by the due date as set out in Clause 8; or

12.5.2 You breach the contract in a material way and fail to remedy the breach within 7 calendar days of Me asking you to do so in writing.

13. Problems with the Services and Your Legal Rights

13.1 I always use reasonable endeavours to ensure that My Services are trouble-free. If, however, there is a problem with the Services please contact Me as soon as is reasonable possible via email at beth@freedomofmotion.co.uk.

13.2 I will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

13.3 I will not charge you for remedying problems under this Clause 13 where the problems have been caused by Me, any of My agents or sub-contractors, or where nobody is at fault. If I determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.5 will apply and I may charge you for the remedial work.

13.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights, and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If I do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that I have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if My breach concerns information about Me that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason I am required to repeat the Services in accordance with your legal rights, I will not charge you for the same and I will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Me, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which I agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method and I am able to accommodate that method. In addition to your legal rights relating directly to the Services, you also have remedies if I use materials that are faulty or incorrectly described.

14. My Liability

14.1 I will be responsible for any foreseeable loss or damage that you may suffer as a result of My breach of these Terms of Sale or as a result of My negligence. Loss or damage is foreseeable if it is an obvious consequence of My breach or negligence or if it is contemplated by you and Me when the Contract is created. I will not be responsible for any loss or damage that is not foreseeable.

14.2 I provide Services for personal use. I make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind. I will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

14.3 If I am providing Services in your property and I cause any damage, I will make good that damage at no additional cost to you. I am not responsible for any pre-existing faults or damage in or to your property that I may discover while providing the Services.

14.4 Nothing in these Terms of Sale seeks to exclude or limit My liability for death or personal injury caused by My negligence (including that of My employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

14.5 Nothing in these Terms of Sale seeks to exclude or limit My liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Me about the Services or about Me.

14.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

15. Events Ouside of My Control (Force Majeure)

15.1 I will not be liable for any failure or delay in performing My obligations where that failure or delay results from any cause that is beyond My reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond My reasonable control.

15.2 If any event described under this Clause 15 occurs that is likely to adversely affect My performance of any of My obligations under these Terms of Sale:

15.2.1 We will inform you as soon as is reasonably possible;

15.2.2 Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that I are bound by will be extended accordingly;

15.2.3 We will inform you when the event outside of My control is over and provide details of any new dates, times or availability of Services as necessary;

15.2.4 If the event outside of My control continues for more than 7 calendar days I may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which I inform you of the cancellation;

15.2.5 If an event outside of My control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would like to contact Me directly to cancel, please use the details in Clause 16.

In each case, providing Me with your name, email address, telephone number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Me that you wish to cancel.

16. Contacting Me

To contact Me, please email Me at beth@freedomofmotion.co.uk or using any of the methods provided on My Contact page.

17. Feedback & Complaints

17.1 I always welcome feedback from My customers and, whilst I always use all reasonable endeavours to ensure that your experience as a customer of Mine is a positive one, I nevertheless want to hear from you if you have any cause for complaint.

17.2 All complaints are handled personally on a case by case basis.

17.3 If you wish to complain about any aspect of your dealings with Me, please contact Me by email at beth@freedomofmotion.co.uk or using any of the methods provided on My Contact page.

18. Data Protection

We will only use your personal information as set out in My Privacy Policy, and My Cookie Policy.

19. Other Important Terms

19.1 I may transfer (assign) My obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if I sell My business). If this occurs, you will be informed by Me in writing. Your rights under these Terms of Sale will not be affected and My obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

19.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without My express written permission.

19.3 The Contract is between you and Me. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

19.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

19.5 No failure or delay by Me in exercising any of My rights under these Terms of Sale means that I have waived that right, and no waiver by Me of a breach of any provision of these Terms of Sale means that I will waive any subsequent breach of the same or any other provision.

19.6 I may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If I change these Terms of Sale at any time, I will give you at least 14 days written notice of the changes before they come into effect. If you wish to cancel the Contract as a result, please refer to sub-Clause 11.4.

20. Law & Jurisdiction

20.1 These Terms of Sale, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

20.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces your rights as a consumer to rely on those provisions.

20.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms of Sale, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

20.4 If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.