Terms and conditions
Please read all these terms and conditions (“Terms”).
- These Terms will apply to your use of our Website in general and to the purchase of the Services by you (the “Client” or “you”). We are Precizion Ltd, a company registered in England and Wales with registration number 12435069, whose registered office is at 16 Dorchester Way, North Hykeham, Lincoln, United Kingdom, LN6 9HH (“Precizion” or “us” or “we”).
- These are the terms on which we sell our Services to you. By using the website or requesting any of our Services, you agree to be bound by these Terms. You can only purchase the Services from us if you are eligible to enter into a contract and are at least 18 years old. We recommend that you print a copy of these Terms for future reference.
- We amend these terms from time to time. Every time you wish to use our Website or order Services, please check these terms to ensure you understand the terms that apply at that time.
- If you do not agree to these Terms, you must not order Services or use our Website.
Business Day means a day other than a public holiday in England when banks in London are open for business;
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services, the provisions of which are contained in these Terms and the terms of any applicable Membership Platform.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Fees means the charges for the Services as outlined on our Website and further particularised on the Membership Platform, or, as agreed between the parties in writing from time to time;
Registration Form means a completed personal information sheet that includes details of your physical needs and capabilities;
Membership Platform means the third-party digital platform where you will register to use the Services, make payment of the Fees and manage your monthly membership, including but not limit to, Acuity;
Monthly Membership means the ongoing provision of Services to you for which you pay a monthly fee;
Services means the services advertised on the Website, including, but not limited to, movement coaching programmes taught in groups or on an individual basis and physiotherapy assessment and advice, as selected by you on the Membership Platform;
Website means our website www.precizion.co.uk on which the Services are advertised.
- We will provide the Services with reasonable care and skill.
- You acknowledge when using our Website that all Services which appear on the Website are subject to availability.
- We reserve the rights to make changes to the Services which are necessary to comply with any applicable law or safety requirements. However, in such circumstances, we will endeavour to notify you of these changes as soon as practicable.
- Client responsibilities
- Our Services are tailored to your special requirements. It is your responsibility to ensure that any information or specification you provide either in the Registration Form or through any other means is accurate and you must co-operate with us in all matters relating to the provision of the Services.
- It is your sole responsibility to inform us of any health and safety issues which might become an issue whilst you are using the Services.
- Your failure to comply with Clauses 4.1 and/or 4.2 will constitute a Client default which entitles us to suspend performance of the Services until you remedy it, or, if you fail to remedy it following our request, we may terminate the Contract with immediate effect on written notice to you.
- In addition, your failure to comply with Clauses 4.1 and/or 4.2 compromises the quality of the Services and consequently voids any liability that we might have under this Contract with immediate effect.
- Personal information
- You must ensure that the contact details provided by you when you Sign Up through the Website, through the Membership Platform or at any other time are correct and complete.
- By signing-up to the Website, you expressly agree that we may contact you via e-mail or other electronic communication methods.
- You must inform us immediately of any changes to the contact information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms or those of the Membership Platform.
- Basis of Contract
- Once you contact us via e-mail we will endeavour to get back to you within 5 Business Days and send you a link which will direct you to our scheduling page.
- The description of the Services on our Website does not constitute a contractual offer to sell the Services. When you submit your completed Registration Form you will be directed to the Membership Platform where you will be required to register for an account. Once this process is completed successfully and you make payment for your chosen Services through the Membership Platform, a Contract will then be formed for the Services ordered, which will be governed by these Terms.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed between us in writing.
- Fees and Payment
- The Fees for the Services and any additional charges are set out on the Website at the date we accept the Registration Form or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a Monthly Membership basis.
- All payments must be made via the Membership Platform; further details and information about the Acuity booking process can be found here.
- Please note that if you wish to add to the Services you have requested through the Membership Platform, then this will be chargeable.
- Fees and charges exclude VAT as the Services that we provide are VAT exempt.
- If you have requested individually tailored services which are subject to a one-off Fee, then payment for the Services must be made in full through the Membership Platform prior to the scheduled commencement of the Services.
- If payment has not been made in full prior to the scheduled commencement of the Services in accordance with Clause 7.5, we reserve the right to cancel the Services without incurring any liability.
- If you are receiving Services from us under a Monthly Membership, then the Fee will be taken via direct debit from your account on a periodic basis via the Membership Platform as agreed between us.
- If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- Performance of the Services
- We will perform the Services on the dates or within the agreed period or, failing such stipulation, within a reasonable time.
- If your chosen instructor is unable to attend your scheduled appointment, we reserve the right to replace the instructor with a suitably qualified professional upon written notice to you.
- If we do not perform the Services on time, you may (in addition to any other remedies) treat the Contract at an end if we have refused to deliver the Services for a period of more than 7 days.
- As a Consumer entering into a distance contract, you have certain statutory rights under the Consumer Contracts Regulations 2013. This includes the right to cancel within 14 days of entering the Contract (“Cooling-off Period”).
- To exercise the right to cancel this Contract, you must inform us of your decision to cancel by a clear written statement by email. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
- Should you request cancellation of the Services within the Cooling-off Period you shall be entitled to a refund, less the value of the Services that have already been performed by us up to and including the date which you give notice. If the entirety of the Services have been performed during the Cooling-off Period, you will have no right to cancellation or a refund.
- In the event that you are provided with a digital download, once you have completed the download, regardless of whether the Cooling-off Period has expired, your right to cancel will no longer be exercisable and no refund will be claimable.
- If you wish to cancel a specific appointment after the Contract is made and beyond the Cooling-off Period, you will incur a cancellation fee chargeable at our discretion. The cancellation fees are as follows:
|Cancellation Period(prior to a scheduled appointment)||Cancellation Fee(in respect of a scheduled appointment)|
|Less than 24 hrs||100% of the Fees payable|
|Between 48 hours and 24 hours||50% of the Fees|
|More than 48 hours||No charge|
- If we are unable to perform the Services on a scheduled occasion, we will inform you as soon as practicable and you will be entitled to a refund of the value of any Fees payable in respect of that appointment.
- If you become entitled to a refund under the provisions of Clause 9.6, we reserve the right, at our sole discretion, to extend the Services in order to compensate you for the period during which access was denied instead of providing a monetary refund.
- Duration and termination
- The Contract shall commence once your payment of the Fees is accepted by the Membership Platform and shall continue as long as it takes us to perform the Services or as specified under the Membership Platform terms.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- If you have signed up for a monthly membership, you may terminate at any time by giving us 30 days written notice of your intention to do so. Notice of termination must be in sent to us via email.
- On termination of the Contract for any reason, our respective remaining rights and liabilities will not be affected.
- Circumstances beyond the control of either party
- In the event of any failure by us to complete the Services due to something beyond our reasonable control:
- we will advise you as soon as reasonably practicable; and
- our obligations will be suspended so far as is reasonable, PROVIDED THAT we will act reasonably, and then we will not be liable for any failure which we could not reasonably avoid.
- Intellectual Property
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Availability of the Website
- Any online facilities, tools, services or information that we make available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Website will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Precizion is under no obligation to update information on the Website.
- Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all users must take responsibility for their own security, that of their personal details and their computers.
- Precizion accepts no liability for any disruption or non-availability of the Website.
- We reserve the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Reliance on our Website
- The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
- Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
- Where our Website contains links to other sites and resources provided by third-parties, these links are provided for your information only. Whilst in some instances we may receive financial benefit from certain linked websites, such links should not be interpreted as approval by us of those linked websites or information you may obtain from them as we have no control over the contents of those sites or resources.
- Prohibited use
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any unlawful or fraudulent manner;
- to transmit, or to procure the transmission of any unsolicited marketing materials to us;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
- making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
- Linking to our Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- However, you must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement by Precizion, unless otherwise approved by us;
- establish a link to our Website in any website that you do not own;
- frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
- link from any website that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
- We reserve the right to withdraw linking permission without notice.
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services to you.
- Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact us.
- Participation in our movement coaching, with or without the use of equipment such as Pilates machines or any other equipment that may be suggested by us, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a medical professional before beginning any physical exercise regimen, routine, programme or using any suggested equipment. Precizion staff are not qualified medical professionals, and therefore cannot provide you with medical advice or diagnosis.
- By using the Services, you acknowledge and agree that your participation in movement coaching may involve strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You further agree that it is your responsibility to judge your physical and mental capabilities for such activities and ensure that by participating in the Services, you will not exceed your limits while performing such activity, taking into account any mental or physical conditions and/or limitations you have. You expressly waive and release any claim that you may have at any time for injury of any kind against any natural person involved with Precizion, including without limitation its directors, employees and independent contractors.
- Every effort has been made to accurately represent our Services and their potential on this Website. However, there is no guarantee you will reach or obtain any specific results if you engage us for Services. This is because reaching the desired outcome is entirely dependent on you using the techniques, tools and ideas communicated to you by us. Your level of success in attaining desired results depends on your level of involvement, the time you devote to our sessions and your progress in various skills taught to you by our staff which are variable according to the individual.
- The information contained on the Website is provided for general information purposes and should not be considered a substitute for the advice of a qualified medical professional. Please contact your healthcare provider if you have any medical questions or concerns about your health.
- Limitation of liability
- Subject to Clause 19.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with the Services that result in indirect or consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data, loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services.
- Subject to Clause 19.3 below, we shall only be liable for rectification or a refund for the Services carried out and our liability shall be capped at the total amount paid by you under the Contract.
- We do not seek to exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our legal obligations. Subject to this, we are not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was entered into.
- Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Client lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, Clients should contact us to find a solution. We will aim to respond with an appropriate solution within 5 Business Days.