Siobhandocksey.co.uk Terms and Conditions

Last updated: 19/10/2019

 

These are the Terms and Conditions (Terms) for the Online Pilates Service offered via www.siobhandocksey.co.uk (The Service) upon which we intend to rely. For Your own benefit and protection please read this document carefully. It contains important information about Your rights and obligations, as well as limitations and exclusions that may apply to You.

 

The purpose of these Terms is to make clear the responsibility of You, the user and Us, the Service provider. If at any time You do not understand the contents of these Terms, please contact us. You can also download these Terms at any time here.

Definitions

 

"Account" means collectively the personal information, payment information and credentials used by Users to log in and access Paid Content, the Library and/or any other Service on the Website;

 

“Content” means and includes but is not limited to; all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.

 

“Data Protection Act” means the Data Protection Act 2018 as amended from time to time.

 

“Free Content” means any Content that is accessible without the payment of a Subscription Fee;

 

“Paid Content” means Content accessible only upon the creation of an Account and the payment of a Subscription Fee.;

 

“Personal Plan” means the personalised series of exercises delivered to Your Account

“Personal Data” means information that relates to You and from which You can be identified, such as Your name, address, telephone number or date of birth as well as sensitive information such as medical records or assessments by medical professionals

 

“Service” means collectively any online facilities, Content or Paid Content, any and all Pilates training, teaching, sessions, instruction or information that www.siobhandocksey.co.uk makes available through the Website either now or in the future

 

“Subscription Fee” means the sum of money paid by Users to keep their Account active and to enable them to access Paid Content;

 

“Subscription Period” means the period for which the Service has been purchased;

 

“Website” means the website at www.siobhandocksey.co.uk

 

“We/Us/Our” means Siobhan Docksey, whose registered address is 4 Canton Street, Macclesfield SK11 7QN

“You/Your” means You, the user holding the Account

 

1.   Your Account

 

1.1 .  The Service is an online physiotherapy-led Pilates exercise library and personalised exercise programme delivery system which requires an Account

1.2   You may not create an Account if You are under 18 years of age

1.3   When creating an Account, it is Your responsibility to ensure the information You provide is accurate and up to date at all times1.4 . 

 

1.4   You must not under any circumstances share Your Account with anyone else.

 

1.5   You must not use anyone else’s Account.

 

1.6   If We believe Your Account is being used by anyone with Your permission, We will remove Your access and Your Account will be blocked.

 

1.7   If You believe someone is using Your Account without Your permission, please contact Us immediately. We recommend You choose a strong password to protect access to  Your Account.

 

1.8   If You wish to close Your Account, You may do so at any time. This must be done by You via the 'my account' section of the Website. Requests to cancel via email to www.siobhandocksey.co.uk will not be completed. If you have an active subscription to Paid Content, your Account will remain active for the duration of the remainder of the Subscription Period at which point the Paid Content will no longer be accessible and your Subscription Fees will end.

 

1.9   By opening an Account, We grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable licence to use the Services for Your own personal use only. We reserve all rights not expressly granted herein, and reserve the right to terminate your Account or Paid Content subscription at any time at Our sole discretion.

 

1.10   You agree that termination, limitation of access and/or suspension shall be made in Our sole discretion and that We shall not be liable to You or any third party for the termination, limitation of access, and/or suspension of Your Account.

2.  Types of Subscription and Payments

 

2.1   When opening an Account to use the Services, You will be presented with a choice of Subscription Fee

 

2.2   Subscription Fees are paid monthly, with the first month paid for up-front before access to the Paid Content is granted

 

2.3   Payments will only be accepted by Direct Debit (no cash or cheques)

 

2.4   Payments will be taken on the day You open an Account, and continue monthly on that basis without pause until You cancel Your account in accordance with Clause 1.8

 

2.5   All payments will be taken in Pound Sterling (GBP) unless otherwise noted

 

2.6   All Subscription Fees and charges payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

 

2.7   If there is a dispute regarding payment of Subscription Fees to, or products or Services provided by, Us, Your Account may be closed and Your User Information may be disabled without warning or notice at our sole discretion.

 

2.8   We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Website.

 

2.9   In order to upgrade or downgrade Your Subscription Fee at any time, please contact Us via the Website or siobhandockseytherapy@gmail.com for more information

 

2.10   The Self Serve plan provides access to the exercise library element of the Paid Content only

 

2.11   The Personal Plan provides access to the exercise library and an online consultation monthly to provide tailored Content to suit Your individual needs, which We provide  to You in accordance with Section 3 of these Terms and Conditions.

3.  Health Questionnaire and disclaimers

3.1   You will be given the option of completing a Health Questionnaire when You subscribe to a Personal Plan. We strongly recommend that You complete the Health Questionnaire and it will provide You with guidance on what Sessions are suitable for You. You will still be able to access all Sessions regardless of the results of Your Health Questionnaire.

 

3.2   You acknowledge that the Sessions may be physically strenuous and You agree that You voluntarily participate in a Session with full knowledge that there is an inherent risk of personal injury or illness arising from Your participation in any exercise programme.

 

3.3   Certain Sessions may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.

 

3.4   You must ensure that You are fit and well enough to participate in any Session that You take part in, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

 

3.5   If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before participating in a Session.

 

3.6   If You have had surgery of any kind You must get written and signed permission from Your surgeon before starting any of our workouts.

 

3.7   If You experience any pain or discomfort during any of the exercises You must stop the workout.

 

3.8   We recommend You have a physiotherapy assessment to assess Your suitability for the exercises prior to You starting any of our workouts.

 

3.9   You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by Us.

 

4.  Intellectual Property Rights.

 

4.1   Siobhan Docksey is the exclusive owner or licensee of all the Content and materials on the Website and of all related Intellectual Property (IP) rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders.

 

4.2   All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Website is the property of their respective owners.

 

4.3   You do not acquire any ownership interest in any IP or the Marks by Your Use of Our Website, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of Our IP or Marks or any of the Website’s Content or Services.

 

5.  Fair Usage, Fraud and General Provisions

5.1   You agree not to submit or use false or misleading information, impersonate any person or entity, or misrepresent Your affiliation with any other person or entity, whether actual or fictitious, including anyone from Our Website or any person or entity otherwise affiliated with Us;

 

5.2   You agree not to mislead, defraud or trick Us or any other user for any purpose, including to learn sensitive information about any user or his/her/its account(s), including usernames, passwords and/or other information, including personally identifiable information You agree not to use Our Website or and/or Services in any manner that could interrupt, restrict, inhibit, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website, including, but not limited to, sending chain letters, pyramid schemes, spam, mass unsolicited messages, or “flooding” servers;

 

5.3   You agree not attempt to (or encourage or support anyone else’s attempt to) hack, circumvent, reverse-engineer, decrypt, attack, copy, modify, adapt, disassemble, decompile, translate or alter Our Website (or any database or server connected to the Website) or any portion thereof, or obtain or attempt to gain unauthorized access to the Website, its computer systems, source code or structure, sequence, or organization of Our Website;

 

5.4   You agree not to interfere or attempt to interfere with the proper working of or activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website;

 

5.5   You agree not to use the Site to violate the security of any computer network or transfer or store illegal material;

 

5.6   You agree not to transmit, disseminate, post or use any spam, malware, viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or other objectionable materials, or any other malicious or invasive code, files or program or upload or transmit (or attempt to do so) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to, clear graphics interchange formats, pixels, web bugs, cookies and/or similar devices;

 

5.7   Other than as the result of standard search engine or Internet browser usage, You agree not to use or launch, develop or distribute any automated system, including, but not limited to, any spider, robot, bot, cheat utility, scraper or off-line reader that accesses Our Site, or use or launch any unauthorized script or other software;

 

5.8   You agree not to remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Website or any of its Content or any of Our code embedded in or embeddable on Our Website or on a third party website;

 

5.9   You agree not to use the Website in violation of Our IP rights (see Section 4.1) including, but not limited to, copyright and trademark, contractual, personal, or other proprietary or legal rights or Our rights or those of any third party;

 

5.10   You agree not to obscure or cover any notice, banner, advertisement or other branding on Our Website;

 

5.11   The foregoing examples of unlawful activity are made solely for illustrative purposes and do not constitute an exhaustive list of restricted or prohibited activities.

 

5.12   Any failure or delay by us to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

 

5.13   These Terms and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation.

 

6.  Data Protection

6.1   These Terms should be read in conjunction with Our Privacy Policy, available on the Website here.

 

6.2   Siobhan Docksey is registered with the Information Commissioner’s Office (ICO) under reference number ZA508437. All personal details that You submit to us will be held in accordance with Our responsibilities in compliance with the General Data Protection Regulation ((EU) 2016/670), (‘GDPR’), all laws giving effect or purporting to give effect to the GDPR (such as the Data Protection Act 2018) or otherwise relating to data protection or any equivalent legislation amending or replacing the GDPR.

 

6.3   We need to hold Your Personal Data in order to correctly administer Your Account.

 

6.4   Personal Data may be obtained directly from You or by third parties You have authorised to speak to Us

 

6.5   We may use Your Personal Data to contact You from time to time about Your Account or for medical needs such as contacting You about any assessment in accordance with the Services provided

 

6.6   We may also use Your Personal Data to inform You of other products or services We will offer from time to time. You can unsubscribe at any time from within Your Account or by contacting Us.

 

6.7   We will take extra care to keep Your Personal Data secure and confidential at all times

 

6.8   If at any time we anticipate a change in the way we will use Your Personal Data, we will contact You in advance for Your consent and to notify You of the change

 

6.9   If You terminate Your relationship with Us, We will retain the Personal Data We have collected on You for as long as permitted as for legal, regulatory and medical reasons.

 

6.10   You can contact Us about how We use Your Personal Data at any time or to exercise Your data subject access rights at siobhandockseytherapy@gmail.com

 

7.  Third Party Websites

7.1   The Website contains links to websites of third parties and advertisements of third party products and services. If You use these links, You will leave Our Website. These third parties and their websites are not under Our control. We do not examine or evaluate these websites and We are not responsible for their content or operation. By providing links to these websites, We do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise Your own judgment in evaluating and using these websites. When You link to these websites, You become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and Our Terms and Privacy Policy do not apply to them.

 

7.2   You expressly release Us from any and all liability arising from Your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between You and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from Your dealings with those third party websites and/or their advertisers.

MY LOCATION

I cover Wilmslow, Alderley Edge, Knutsford, 
Macclesfield, Congleton, Chelford, Sandbach, 
Cheadle and Bramhall.

Working Hours:

Mon - Fri: 6am - 7pm 

Saturdays on request​​

Privacy         Terms and Conditions        Contact

If in doubt, You should always seek appropriate medical advice from Your GP or other relevant professional medical advisor before participating in any session. You can also contact me directly here.

CONTACT