HOLISTIC BODY ONLINE TERMS OF USE

Last updated: 11th August 2022

 

These Terms of Service (“Terms”) are a legal agreement between you (“you” the “user”) and Holistic Body Online (“Holistic Body Online,” “HBOnline,” “us,” or “we”) regarding your use of services available at www.holisticbodyonline.com, that you are accessing on your device or personal computer (together, the “Service”).

 

BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. 

 

If you are accessing this Service through an organisation using the "Holistic Body Partner” programme, you understand that you are authorised and required to accept these Terms on the “Holistic Body Partners” behalf. These are in addition to the separate terms between “Holistic Body Online” and the “Holistic Body Partner” regarding the arrangement.

 

1. Service Description

The Service is primarily an on-demand fitness video platform. In addition weekly “Live Zoom” classes are available at times, Users may also book to join these, bookings will be charged separately. One to One fitness classes are also available, subject to availability on a first come first serve basis.

 

2. Eligibility

You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18.

 

3. Account

In order to use the Service, you must create an account and become a site member. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may be required to suspend or terminate your account and your use of Service.

You are solely responsible for all activities that occur through your account. To protect your account from unauthorised use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorised use of your account or any other breach of security by sending an email detailing the situation to kyle@holisticbodyonline.com.

When accessing the service through the “Holistic Body Partner” programme you will be provided a password to access the Partner's unique Partner Hub which hosts the video content. To protect the partner page from unauthorised use, do not provide the page password to anyone else, unless the sharing of this information has been agreed to by the Partner. A partner password maybe changed by HBO and at the request of the Partner at any time without notice, contact your Partner directly for the updated password if you are still authorised to use it. For family and/or household members using the Service through the Partner Programme they also must register an account and agree to the terms of use in this agreement in order to use the Service.

 

4. Membership

You can at any time become a Holistic Body Online Member by signing up and agreeing to pay a monthly or annual fee for unlimited access to our fitness content through a plan. When booking “Live Zoom” classes you will also need to register in order to manage payments and your bookings.

 

5. Health Disclaimer

Physical exercise, in all of its forms with or without the use of equipment such as barres, bands or any other equipment that may be suggested by a Holistic Body Online instructor, is a strenuous physical activity and that such activity carries the risk of injury whether physical or mental. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise. Holistic Body Online is not a medical organisation and cannot give you medical advice or diagnosis. All of HBOnline’s suggestions and comments relating to the use of equipment, exercises and instruction are not required to be performed by you and are carried out at your election and at your own risk. Nothing contained in this website/service should be construed as any form of medical advice or diagnosis.

You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Holistic Body Online, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Holistic Body Online, or any person or entity involved with Holistic Body Online, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, Holistic Body Partners, affiliates and representatives.

 

6. Pregnancy

If pregnant, please consult your doctor before using the Service. This is to ensure that  you are signed off as being in good health with no pre-existing conditions that could affect your ability for exercise and you are not deemed a ‘high risk’ pregnancy. Providing all this and having previously engaged in physical exercise pre-pregnancy, then the classes should be suitable to take during the first trimester. After the first trimester certain exercises are not suitable during pregnancy, thereafter only the pregnancy specific classes are suitable to use.

 

7. Postnatal

If you have recently had a baby you must consult your doctor before commencing any exercise class. Our online postnatal specific classes are suitable for women from 6-8 weeks (who have had a normal vaginal delivery) and from 10-12 weeks (who have had a C-section).

 

8. Recurring Billing

The recurring membership fee will be billed after the 14 day free trial, on the 15th day after you signed up. It will renew and at the beginning of each paying interval you selected, either monthly or annually until you cancel your membership. You can pause or suspend your membership and the recurring bill by contacting us directly.

 

9. Refunds

Due to the nature of offering unlimited access to content payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your Holistic Body Online Membership through the end of your current billing period. With regards to the “Termination” section below there are provisions made for requesting a refund, please see further information below. 

 

10. Cancellations

As a consumer you have 14 days to withdraw your online purchase from the date you made your initial purchase. You may do this by cancelling your Holistic Body Online Membership, you can do this at any time for any reason and without notice. To cancel your recurring subscription, please email kyle@holisticbodyonline.com and state from when you would like to cancel. While a reason for cancelling is not required, we would appreciate feedback for our own understanding. Following a cancellation, you will lose access to all Plans you enrolled in during your membership at the end of your billing period.

 

For “Live Zoom” classes there is a 12hr cancellation notice required and for “one to one” classes there is a 24 hours notice required. For Live Zoom classes if you cancel within 12hrs of the class start time or you do not show up for class your payment will be non refundable, the same rule applies for one to one classes within 24hrs notice.

 

11. Termination

As Individual Users you may terminate your use of the Service at any time by terminating your account. Termination of your account is your sole right and remedy with respect to any dispute with Holistic Body Online regarding the Service or these Terms. If Holistic Body Online suspects you have violated any provision of these Terms they may suspend or terminate your access to the Service at any time. Neither Holistic Body Online nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.

 

As a user of Holistic Body Online through the Holistic Body Partner Programme your access may be terminated without notice upon expiry and/or cancellation of the Partners Subscription or if the “Partners Hub” password is changed without notice. You will need to contact your partner directly for the new password to access the service. The Partner organisation will have the right to decide if you remain authorised to use the Service and must inform HBOnline in writing of any decision to authorise additional users. Following the expiry of authorised use through the Partner Programme, former Partner Users will remain site members of Holistic Body Online, and may resume Service access by purchasing a subscription plan as an Individual User.

 

12. Fees

Certain content offered through the Service is available to you for a fee (“Premium Content”). Holistic Body Online uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Service. The processing of payments or credits, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your payment card issuer in addition to these Terms. Holistic Body Online is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Holistic Body Online will obtain certain transaction details, which Holistic Body Online will use solely in accordance with its Privacy Policy.

Plan fee’s may change without notice, this will not affect your active fee chosen when you made your purchase. The only time this may change is when you cancel and then sign up again. Alternatively if you do not update your payment card details in your account then your access to the service may be terminated automatically following a missed payment. If this happens you will need to pay for another plan at the current fee’s. It is your own responsibility to keep your payment details up to date.

As either an “Individual User” or a “Partner User” of Holistic Body Online you are entitled to 20% off “Live Zoom” Pilates classes by choosing the “members” price at the point of booking. “Non-Members” who are not subscribed to HBOnline must not take advantage of this offer.

 

13. 14 Day Free Trial - Free Live Class

When you subscribe to the Holistic Body Online subscription service you activate a free 14 days to sample the on-demand service. In addition, the 14 Day Free trial allows for a single one hour “Live Zoom” class which coincides within the 14 Day Free trial. This offer is only available when regular “Live” classes lead by Hannah are scheduled. These classes are not guaranteed as they may be in periods of rest or holiday when no “Live” classes are taking place. To enjoy these free Live classes you will be provided a coupon code upon subscribing, this coupon will enable a 100% discount to be used just once. Coupons are restricted to only one use per “Site Member" and can only be used during the 14 Day Free trial. After 14 days all future Live classes booked must be paid for.

 

14. Coupons

Coupons do not have any monetary value, they cannot be refunded, transferred, passed on or sold.

 

15. Support

Whilst HBOnline will always be as helpful as possible towards any tech support queries. Unless otherwise agreed by Holistic Body Online in writing, Holistic Body Online is not obliged under these terms to provide any in-depth technical support for using the Service.

 

16. Privacy

Holistic Body Online collects member registration and other User information.. Our collection and use of this information is described in the Holistic Body Online Privacy Policy, which is incorporated into these Terms and available at www.holisticbodyonline.com/privacy. 

 

17. Changes to Terms

We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the Holistic Body Online website at www.holisticbodyonline.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.

 

18. Music

Music is not included in the Service, a link to a Spotify Playlist maybe be offered to play in the background. There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Spotify player. Your own Spotify account may be required for access. 

 

19. License

Subject to the terms and conditions of these Terms, Holistic Body Online grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service made available by Holistic Body Online, for noncommercial and personal use only.

 

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent. 

Holistic Body Online, its owners, directors and associates reserve the right to license or sub-license the platforms content for non-commercial and/or commercial use as they so choose without warning or notice. 

 

20. Intellectual Property

All photographic and video content is co-owned by Holistic Body Online and the media partner Pro-Motion Digital Ltd. All content protected by copyright.

 

21. User Content

In connection with registration for a Holistic Body Online account, users may upload profile photos, comment on classes, other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.

For any User Content that you upload to the Service, you grant us and our subsidiaries, affiliates, and successors: (a) a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, publicly perform, and publicly display that User Content throughout the world in any media in connection with the Service and Holistic Body Online’s business, including without limitation for promoting the Service; and (b) the right to use the name that you submit in connection with your User Content, if we choose. You retain all rights in your User Content, subject to the rights granted to Holistic Body Online in these Terms. 

 

You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, inflammatory, abusive, abusive,; (ii) encourages conduct that would be considered a criminal offence or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with Holistic Body Online’s or its partners’ products and services, as determined by Holistic Body Online in its sole discretion; or (vi) in Holistic Body Online’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose Holistic Body Online, its affiliates, or users to harm or liability of any nature.

 

Although Holistic Body Online has no obligation to screen, edit, or monitor any User Content, Holistic Body Online reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

 

22. Licensed Content

Content on the Service, including User Content and Premium Content provided by other users or organisations such as HBOnline Media Partner Pro-Motion Digital Ltd, has been licensed to Holistic Body Online in accordance with various licensing agreements between Holistic Body Online and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.

 

The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Do not disregard professional advice because of something you have read on the Service.

 

Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of Holistic Body Online or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will Holistic Body Online or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.

 

23. Copyright Infringement

Holistic Body Online respects the intellectual property rights of others, and asks you to do the same. It is Holistic Body Online’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Holistic Body Online’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Holistic Body Online or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.

 

You may write to Holistic Body Online’s designated agent for notice of copyright infringement at: Holistic Body Online Ltd, Camburgh House, 27 New Dover Road, Canterbury, Kent, UK, CT1 3DN

 

24. Access; Modifications to the Service

Holistic Body Online does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile networks).

 

Holistic Body Online reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. Holistic Body Online will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You will however have the opportunity to request a refund for any un-unused proportion of your monthly subscription by emailing kyle@holisticbodyonline.com.

25. Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Holistic Body Online is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).

 

The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

 

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider which you navigate to from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

 

26. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOLISTIC BODY ONLINE, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HOLISTIC BODY ONLINE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOLISTIC BODY ONLINE, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME LOCATIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM LOCATION TO LOCATION.

 

27. Limitation of Liability

NEITHER HOLISTIC BODY ONLINE NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. 

EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF HOLISTIC BODY ONLINE, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR £10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

28. Indemnity

You will defend, indemnify and hold Holistic Body Online, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

 

29. Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Holistic Body Online without restriction. Any assignment attempted in violation of these Terms is void.

 

30. Governing Law; Venue

This Agreement shall be governed by the laws of England and Wales, without respect to its conflict of laws principles. Any claim or dispute between you and Holistic Body Online that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the United Kingdom.

 

31. Claims

You agree that any cause of action arising out of or related to the service must commence within one year after the cause of action occurs. 

 

32. Waiver and Severability of Terms

The failure of Holistic Body Online to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Holistic Body Online. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

 

33. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

 

34. Entire Agreement

These Terms are the entire agreement between you and Holistic Body Online regarding your use of the Service.

 

35. Contacting Holistic Body Online

For questions, comments, complaints, or claims related to the Service, please contact Holistic Body Online at: 

 

kyle@holisticbodyonline.com

 

Holistic Body Online Ltd (company reg no. 14046141) 

 

Camburgh House, 27 New Dover Road, Canterbury, Kent, UK, CT1 3DN

 

Last Updated: 11th August 2022