1. Our agreement
1. These terms and conditions in conjunction with terms specific to your subscription provided to you at the time of signing up, set out the agreement for your access to Pilates Scotland Services.
3. Your use of the Pilates Scotland Service means that you accept and agree to the terms of this agreement.
2. Exercising within your limits
1. Please consult your doctor before using any Pilates Scotland Service and follow his or her advice. You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with your use of our services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, death, which arise by any means, including, without limitations: acts, omissions, recommendations or advice given by us.
2. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately.
3. Your subscription
1. To access and view content you will need to:
a. register a Pilates Scotland account
b. purchase a Pilates Scotland subscription
2. To create a Pilates Scotland account, buy a subscription and use the Pilates Scotland service, you must:
a. be aged 16 years or above;
b. have internet access; and
c. provide us with a current, valid, payment method acceptable to us (as confirmed during the online sign up process).
3. Your Pilates Scotland subscription is exclusively licenced for your own personal use. To maintain exclusive control over your Pilates Scotland account, you must not reveal your password to anyone. You are responsible for all access to and use of the Pilates Scotland Service through your Pilates Scotland account.
4. Your subscription, which may start with a free period of access, will automatically renew for a subsequent chargeable subscription period unless and until you or we cancel it in accordance with this agreement.
5. You can find details of your subscription with us at any time, including the renewal date and price for your subscription, by signing in to your Pilates Scotland account and clicking on “My Account”.
6. During your subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access the Pilates Scotland Services in order to view content on a streaming-only basis. Except for this licence, no right, title or interest in the content or Pilates Scotland Service shall be transferred to you. You must not reproduce, perform, display or exhibit any Pilates Scotland service or content for any commercial purpose or in any public place.
4. No children are permitted to use our site
1. This site is not directed towards children under 16 years old, nor do we knowingly collect information from under 16’s. If you are under 16 years old, you are not permitted to submit any personal identifiable information to us. If we find out you are under the age of 16 years of age, we will immediately upon notice, cancel your account. If you wish to report an account created for a minor, please contact us at firstname.lastname@example.org
5. Device restrictions
1. The availability and quality of the Pilates Scotland Service and content may vary from computer to computer, and device to device due to a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection. An internet connection of at least 3MB/sec is required in order to stream standard definition content on the Pilates Scotland Service, and 5MB/sec is required in order to stream high definition content on the Pilates Scotland Service.
2. If your compatible device, or any other devices, hardware or equipment, supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.
3. You are responsible for all third party services required to allow you to access the Pilates Scotland Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact that supplier about the problem.
6. Changes to the service
1. We may regularly make changes to any element of the Pilates Scotland Service or the content. In particular, the availability of content may change from time to time (for various reasons, such as when relevant rights-holders withdraw or restrict our right to use that content on the Pilates Scotland Service). We therefore have the right to add or withdraw content at any time, with or without notice. You acknowledge and agree that content are variable and will change from time to time without notice.
2. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Pilates Scotland Service. We may also update or upgrade the Pilates Scotland Service from time to time. If changes to any element of the Pilates Scotland Service are likely to materially adversely affect the Pilates Scotland Service, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your Pilates Scotland Service before the next subscription period begins. If we have to make an adverse change to the Pilates Scotland Service during your subscription period, we will give you at least 30 days’ notice and the right to cancel. If you do not cancel your subscription after we have notified you about any changes and before these changes take place, and you continue to use the Pilates Scotland Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the Pilates Scotland Service but not received.
7. Changes to this agreement
1. We may change the terms of this agreement from time to time. The circumstances in which we may change the terms of this agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the Pilates Scotland Service, where we need to make changes to the Pilates Scotland Service in order to improve it, or for safety or security reasons.
2. We will notify you at least 30 days before making any material changes to the terms of this agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms of this agreement will materially disadvantage you, or materially affect the availability of the Pilates Scotland Service, we will provide you with 30 days’ notice before the changes become effective and you can choose to cancel your Subscription before the changes become effective.
3. Where possible, we will ensure that any changes to the terms of this agreement, which materially disadvantage you, will not come into effect until the start of your next subscription period. If a materially adverse change is going to come into effect during your current subscription period, you can cancel your Subscription before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Pilates Scotland Service but not received.
4. If you continue to use the Pilates Scotland Service following any change to the terms of this agreement, you agree that this constitutes your acceptance of the amended terms of this agreement. The most up to date terms of this agreement will always be available on the Pilates Scotland Service from the effective date of those updated terms of this agreement.
8. Subscriptions and activation codes
1. We may offer a number of subscription plans, including subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular subscription plan will be notified to you via the Pilates Scotland Service before you sign up for a subscription. These specific terms will take precedence over the terms set out in this agreement, to the extent that a conflict arises.
2. We may make available promotional subscriptions and offers. Please check the relevant terms and conditions, which apply to any promotional offer for full details. Promotional offers may also be offered by third parties (for example, certain fitness facilities), including in conjunction with their own products and services. We are not responsible for the products and services provided by these third parties.
3. Activation codes can only be redeemed at the point of joining and can only be used once. Activation codes cannot be redeemed for cash and may not be combined with other offers, including a free period of access, unless otherwise determined by us in our sole discretion. If you received an activation code through a promotional offer from a third party, additional conditions may apply. 4. Pilates Scotland vouchers have to be validated within 12 months of their purchase date. 5. Upon activation of a Pilates Scotland gift membership, bank details must be input at the point of subscribing to verify identity. If the gift receiver only wishes to be a member for the length of the voucher, please refer to ‘how to cancel a membership’ under section 12 below. 6. Pilates Scotland gift memberships are non refundable.
9. Free period of access
1. Your subscription may start with a free period of access. The duration of any free period of access will be specified during your online sign-up. For combinations with promotional offers, restrictions may apply, which will be confirmed in the terms accompanying any applicable offers. Free periods of access are for new subscribers to the Pilates Scotland Service only (one per subscriber) and are subject to availability.
2. We will begin charging your payment method for subscription fees at the end of the free period of access of your subscription, unless you cancel prior to the end of the free period of access. You can cancel your subscription during the free period of access by signing into your Pilates Scotland Account on our website, select “My Account”, “My Subscriptions” and then select “Cancel”.
10. Subscription Fees
1. By purchasing a subscription and providing or designating a payment method, you authorise us to charge you the relevant fee at the then current rate to your payment method.
2. The subscription fee will be charged at the start of the paying period of your subscription, following any free period of access, and at the start of each subscription period thereafter, unless and until your subscription is cancelled. For example, if you subscribe with an initial 10 day free period of access on 14 August, the paying period of your subscription will begin on 24 August following your free period of access and you will be charged on 24 August for the applicable subscription fee.
3. You must cancel your subscription before the end of your current subscription period in order to avoid being charged for the next period’s subscription fee to your payment method. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight on 30 April.
4. Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the Pilates Scotland Service through to the end of your current billing or subscription period.
5. If a payment is not successfully settled and you do not edit your payment method information or cancel your Pilates Scotland Account, we may suspend your access to the Pilates Scotland Service until we have obtained a valid payment method. When you update your payment method in your Pilates Scotland account, you authorise us to charge the updated payment method for any uncollected amounts and your ongoing subscription fee. This may result in a change to your payment dates or subscription period.
11. Price changes
1. We may change the price of your subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect.
2. If we notify you of a price change and you do not want to continue your subscription at the new price, you can cancel your subscription before the start of the next subscription period by following the steps in clause 12 (Cancellation) below. If you continue to use the Pilates Scotland Service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.
3. We will ensure that the price of your subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for the Pilates Scotland Service but not received.
1. You may cancel your subscription at any time, and you will continue to have access to the Pilates Scotland Service through to the end of your current subscription period.
2. To cancel your subscription, sign into your Pilates Scotland Account on our website, select “My Account”, “My Subscriptions” and then select “Cancel”.
3. If you cancel your subscription, your Pilates Scotland account will automatically close at the end of your current subscription period
4. You have a legal right to change your mind with 14 days of signing up and will receive a refund. The 14-day cancellation period commences the day your subscription period begins. This is called the ‘cooling-off period’. If you choose to cancel within the cooling-off period, we will give you a full refund. If you want to cancel your Pilates Scotland Subscription within the cooling-off period, you must send your notice in writing by email to email@example.com
13. Ending your right to use the Service
1. We may end your right to use all or any part of the Pilates Scotland Service or your subscription immediately if we have a reasonable belief that you have breached this agreement or if you are using the Pilates Scotland Service, the content or your subscription in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.
2. If we decide to discontinue any part of the Pilates Scotland Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the Pilates Scotland Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the Pilates Scotland Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the Pilates Scotland Service but not yet received.
3. If we end your rights to use the Pilates Scotland Service or your subscription you must stop all activities authorised by this agreement, including your use of the Pilates Scotland Service or your subscription.
14. Your obligations
1. You must not, and must not allow third parties, to:
a. attempt to copy, reproduce, publish, transmit, broadcast, archive, download, distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in this agreement) content and information contained on or obtained from or through the Pilates Scotland Service without express written permission from us;
b. use the Pilates Scotland Service for public performances including, without limitation, performance in or for any fitness facility;
c. use the Content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class;
d. circumvent, remove, alter, deactivate or degrade any of the content protections in the Pilates Scotland Service;
e. use any robot, spider, scraper or other automated means to access the Pilates Scotland Service;
f. decompile, reverse engineer or disassemble any software or other products or processes accessible through the Pilates Scotland Service (except as permitted by applicable law);
g. insert any code or product or manipulate the content of the Pilates Scotland Service in any way;
h. use any data mining, data gathering or extraction method;
i. infringe any third party’s rights;
j. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Pilates Scotland Service. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;
k. access, view and/or purchase the Pilates Scotland Service using a virtual proxy network;
l. register multiple times for a free period of access (which would constitute a breach of this Agreement); or
m. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Pilates Scotland Service, including any software viruses or any other computer code, files or programs.
2. You agree to:
a. pay the subscription fees;
b. comply at all times with the terms of this agreement;
c. use the Pilates Scotland Services for your own personal and non-commercial use, and not for any commercial or business purpose;
d. ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
e. follow the instructions and directions we provide about using the Pilates Scotland Service and only use the Pilates Scotland Service in accordance with all applicable laws, rules and regulations;
f. be responsible and liable for any use by any other person (authorised or unauthorised) of the Pilates Scotland Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the Pilates Scotland Services or breaches this agreement or suffers any injury or damage to their property;
g. make sure everyone you are responsible for and who may use or do anything in relation to the Pilates Scotland Services also meets the responsibilities set out in this agreement; and
h. be responsible for configuring your information technology, computer content and compatible devices in order to access our website and the Pilates Scotland Service. You should use your own virus protection software.
15. Passwords & account access
1. Your control over your Pilates Scotland account is exercised through your login and password. To maintain exclusive control over your Pilates Scotland Account, you should not reveal your password to anyone. You are responsible for all access to and use of the Pilates Scotland service through your Pilates Scotland account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your Pilates Scotland account.
2. In order to provide you with ease of access to your Pilates Scotland account and to help administer the Pilates Scotland Service, we may implement technology that enables us to recognise you and provide you with direct access to your Pilates Scotland account without requiring you to retype any password or other user identification when you revisit the Pilates Scotland Service, which includes access via compatible devices or our website.
3. We reserve the right to place any Pilates Scotland account on hold anytime, with or without notification to the subscriber, in order to protect ourselves and our partners from what we reasonably believe to be fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on a Pilates Scotland account will not last any longer than 10 working days, after which we will either terminate this agreement, or re-open your Pilates Scotland account. We are not obligated to credit or discount a subscription for holds placed on a Pilates Scotland account in circumstances where your act or omission constitutes fraudulent activity on your Pilates Scotland account or you are in breach of your obligations under this Agreement.
16. Intellectual property
1. The Pilates Scotland Service and content are protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
2. You have no intellectual property rights in or to the Pilates Scotland Service or any content, other than the right to use them in accordance with this agreement.
3. You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the Pilates Service or any content. Any copying, access, transfer, public performance or communication to the public or other use of the Pilates Scotland Service or any content other than as expressly authorised by applicable law or this agreement shall constitute an infringement of applicable intellectual property rights and a breach of this agreement. In the event of applicable infringement, we may, without notice or prior intervention of a court or arbitral body, block your access to the Pilates Scotland Service and terminate any subscription you may have and pursue any rights or remedies available to us.
4. We respect the intellectual property of others. If you believe that your work has been copied and has been used on the Pilates Scotland Service in a way that constitutes copyright infringement, please notify us immediately, (firstname.lastname@example.org), and provide the following information:
a. A description of the copyrighted work that you claim has been infringed;
b. A description of the location in the Pilates Scotland Service of the material that you claim has been infringed;
c. Your address, telephone number and e-mail address;
d. Your statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
e. Your statement that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
f. Your physical or electronic signature.
18. Complaints, contact & feedback
1. If you have any complaint or wish to pass on feedback regarding Pilates Scotland Services, please speak to us first, by contacting us using the details on our website.