TERMS & CONDITIONS
Please read our terms and conditions (the “Terms”) carefully and in full. The use of this Site (see definition below), the creation of an account for our booking/purchase service and use of them, the purchase of any products or services via the Sites and/or our online booking service, the making of a booking or purchase via the Sites and/or our online booking service, email or over the telephone are all subject to the Terms and you hereby agree and confirm by continuing to use the Sites, make purchases and book Services with us that you have read the Terms, understand the importance of them and agree to be bound by them.
Please check the Terms on every purchase or booking, as they may change from time to time without notice.
The Services offered by Tempo Pilates and Tempo 301 at any venue are supplied by Tempo Pilates Ltd and/or Tempo Elephant Park Ltd subject to the following express Terms. In these Terms, “we”/”us”/”our”/Tempo Pilates/Tempo 301 means TEMPO PILATES LIMITED and/or TEMPO ELEPHANT PARK LTD for Services provided by Tempo Pilates and/or Tempo 301 at London E8 | Hackney, E1 | Shoreditch and SE17 | Elephant Park, and means all of them in relation to this website and “you”/”your”/”yours” means you, the student.
These Terms together with our booking confirmation (which may be oral or written), constitute the contract (“the Contract”) between us in relation to our Site and Social Media and for the supply of Services to you. The Contract shall not be varied in any way whatsoever unless agreed in advance in writing between the parties.
Definitions: In these Terms, the following definitions apply: “Services” or “Service” means any information, services, activities, classes, workshops, appointments or personal training ordered and/or provided by Tempo Pilates or Tempo 301 through or via the Site, or our studios or instructors/massage therapists, and all services offered as part of any course, workshop or personal training. Any electronic information supplied to you by us will constitute part of a “Service” and not a Product, and cancellation rights will apply accordingly. References to a class, workshop, activity, appointment or personal training in these Terms mean a Service and are designated as such rather than a Service, for ease of understanding. “Site” or “Sites” means the website at the URL www.tempopilates.com, www.tempopilatese8.com or www.tempo301.co.uk or replacement site(s) from time to time. Generally ‘Tempo 301 E1 and/ or E8’ is the trading name of TEMPO PILATES LIMITED (company number 06950610) and as such, all reference to Tempo 301 E1 and/ or E8’s includes a reference to them. ‘Tempo 301 | SE17’ is the trading name of TEMPO ELEPHANT PARK LIMITED (company number 12409655) and as such all references to ‘Tempo 301 | SE17’ or Tempo Elephant Park include a reference to them. TEMPO PILATES LIMITED (company 06950610) may also be referenced as ‘London E8’ or ‘London E1’ as such references to ‘London E8’ or ‘London E1’ include TEMPO PILATES LIMITED. TEMPO ELEPHANT PARK (company number 12409655) may also be referenced as ‘London SE17’ as such references to ‘London SE17’ include TEMPO ELEPHANT PARK LIMITED.
INJURIES AND HEALTH AND IMPORTANT WAIVER / LIMITATION OF LIABILITY
- It is your sole responsibility to:
- check with your doctor or medical practitioner about your suitability for our Services and obtain their written consent where necessary before making a purchase. While we take care to ensure safe practice, there are inherent risks in any strenuous exercise programme/treatment and we, nor our instructors/massage therapists, accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products, and/or by your failure to notify us of any existing injuries, health problems or special needs before you attend your class/appointment with us, or to notify your instructor/massage therapist prior to the start of class/appointment.
- notify us by email, following the creation of your account and prior to purchasing any Services; of any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulties); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Services at Tempo Pilates and/or Tempo 301. Please also notify the instructor teaching your class or the massage therapist carrying out your treatment at the beginning of every class/appointment.
- notify us by email (and the instructor teaching your class/massage therapist carrying out your treatment) before attending or participating in any Service, of any new circumstances affecting your health that may affect your ability to participate or be exacerbated through attending or continued use of Tempo Pilates and/or Tempo 301 and/or which may have arisen or worsened since your last class/appointment at Tempo Pilates and/or Tempo 301 (if any).
- You accept the risk of injury from performing exercises and using specialist equipment and participating in our Services and you acknowledge and accept that any advice provided by us, or our instructors/massage therapists, at no time constitute professional medical advice or substitution for professional medical advice.
- You agree and understand that following the strict instructions of your instructor/massage therapists in every Service you take. Neither we, our directors, nor our instructors and or massage therapists can be held responsible for any injury arising or being made worse by your failure to do so.
IMPORTANT WAIVER AND LIABILITY STATEMENTS
- Your Waiver: By purchasing a Service or Services and booking Services with us either via our Site, online booking system, or via us, you accept that in consideration of being permitted to participate in our Services, and use our equipment and facilities that on your behalf and that of any heirs and assigns you covenant not to sue us, our directors or our instructors/massage therapists and hold us, our directors and our instructors/massage therapists harmless against and waive and discharge us and our instructors/massage therapists, against all responsibility or liability for injuries, health issues, damages, loss or death resulting from your participation in any of our Services or use of our equipment or facilities or products.
- Our Liability: We, our directors and our instructors/massage therapists, exclude all responsibility and/or liability for injuries, health issues, damages, loss or death resulting from or exacerbated by, your participation in any of our Services or use of our equipment or facilities, or products whether or not caused by our negligence.
ARRIVING ON TIME
- Please ensure you arrive on time for your Service as a courtesy to the instructor and your fellow students.
- If it is your First Class, please arrive at least 5 minutes prior to your scheduled class time to be shown the reformer. If you are more than 5 minutes late, you may not be admitted to the class, and you will forfeit your class.
- It’s important that you complete the warm-up part of the class, which is designed to help with the avoidance of injury. If you are more than 15 minutes late for a regular class, you might not be able to join the class. Thank you in advance for understanding the need for this condition, which is designed to protect you from injury.
- Note that if you are late, your reserved place may be given to a standby student, and whether or not it is given to a standby student, you will still be charged for the Service. It is your sole responsibility to ensure you arrive on time.
CREATING AN ACCOUNT, BOOKING AND PAYMENT
- You must be 16 or over to create an account online with us, and you can only create an account in your own name, and for your own account. If you create an account for a third party, you agree to indemnify us against all liability, costs or claims incurred by your creation of this account. Please notify us immediately if you have created this account for a third party.
- Our online booking facility shows the availability of Services on the date and time you select. Service availability changes as and when bookings are made or cancelled by students. It is your responsibility to ensure that you have made your booking and payment correctly. If you notify us within 1 hour of your incorrectly scheduled class, we will return the class to your account for re-booking. No refunds can be given where you have incorrectly booked a Service or made a payment. We can only credit your account with an amount equal to your purchase to be set against a future package or class.
- You can pay for your Service or Services using a credit or debit card. All prices are final, and services are non-refundable, save as detailed elsewhere in these Terms. We reserve the right to change our prices without prior notice.
- The Service(s) commence from and including the date of purchase of the Service(s), and not the date of your first booking.
CHANGING OR CANCELLING BOOKINGS / MISSED BOOKINGS / REFUNDS
Changes / Cancellations (more than 12 hours notice):
- Changes / Cancellations (more than 12 hours notice): All classes, massage appointments and Personal Training sessions may be cancelled with more than 12 hours notice without losing your class/appointment/Personal Training (Personal Training) session via your online account. Instead, the class/appointment/Personal Training session will be returned to your online account. Note: It will not be refunded.
- You may change your booking at any time. To change/cancel a booking, LOG IN to your online account and proceed to the YOUR INFO tab, click on the SCHEDULE tab and click early (not charged) /late (charged) cancellation, as applicable, besides the reservation you wish to amend/cancel. If you have any problems, please contact the relevant studio immediately, allowing us to cancel this reservation via the studio. We cannot be responsible for “late cancellations” if you do not contact the studio in writing prior to the 12-hour cancellation period.
Refunds: The rights of cancellation, refund and any limitation in these Terms do not affect your statutory rights as a consumer. Refunds may only be credited to the credit or debit card originally used to make the purchase.
- You agree that you are responsible for checking the details of your booking at each stage of the booking and payment process. Refunds are only available where your Services have not expired. Refunds are discretionary and are not in any event given after 14 days from the date of the purchase of the Services. All refunds are subject to a £15 charge + charging full price for any class booking reserved, which you will be required to authorise and permit us to process prior to the refund.
- We cannot process partial refunds. If we, in our sole discretion refund a partially used package, you agree to us refunding the full amount to the card used to make the purchase and then to us making an immediate purchase to the same card equal to the used credit and admin fee as described below. Alternatively, we may in our sole discretion credit you by alternative means after deduction of our admin fee.
- If you request a refund when a package has been partially used, and we agree to refund you, you agree that the classes already used will revert to the single class price prevailing at the time of refund request, as bundles incorporate a discount to thank you for supporting us by buying in bulk. The balance, if any, following deduction of our admin fee will be returned in accordance with these Terms.
RIGHTS WHERE WE CANCEL YOUR BOOKING, ALTER SCHEDULE TIMES OR CHANGE THE INSTRUCTOR
- A binding contract is not formed until we accept your offer to make a booking for a Service or block of Services. An offer will be deemed to have been accepted by us once we have issued a booking confirmation or a waitlist confirmation via email, text or orally to you, from us or our online booking/purchase system.
- Notwithstanding the above, in the event of a Site error or inaccuracy, due to instructor unavailability, we reserve the right to cancel all confirmed class bookings up to 30 minutes prior to the scheduled Service time. In the event of cancellation, whether or not in accordance with the above, our only liability to you shall be to return your class to your online account for rebooking. No further compensation shall be due to you. In particular, no refund is available where a class is cancelled.
- All Services are subject to availability. We will try to accommodate your preference, but this cannot be guaranteed. The schedule of Services is subject to change without notice, please ensure that there are a number of days and class times that fit your schedule, as we cannot offer refunds because a particular time slot on a particular day becomes unavailable, whether on a temporary or permanent basis.
- In the event that we cancel a Service or Services that you have booked, we will contact you by e-mail or telephone and return your credit to your account for re-booking at your convenience. It is your responsibility to ensure that your details in your online account are up to date, as we use them for all communication between us and you, and all communication from the booking system to you. Please remember to check your spam.
- When you purchase a Service, you are paying for a Service and not an instructor/massage therapist. Instructors/massage therapists are subject to change without notice – and no refund, class/appointment alteration or compensation is due or available for instructor/massage therapist changes. This is to ensure that we are able to keep as many classes/appointments open and available for booking by our students.
- If you book into a Service to which your Service package does not apply, you will be removed from that Service without notice. It is your responsibility to ensure that you have selected a Service appropriate to your package.
HOLIDAY PERIODS / FREEZING YOUR PACKAGE / EXTENSIONS / INJURIES / SHARING PACKAGES
- All Packages – cannot be extended or frozen for free because of closure or restricted hours over Bank Holidays, the Christmas and New Year period, or class cancellation due to low bookings, or because you have been unable to book into a particular time and/or day. Please ensure when you purchase your package that you will have sufficient time to use your Services as the schedule is subject to change and Services are subject to availability. Advance booking is recommended to avoid disappointment – you can cancel any booking made with 12 hours’ notice.
- Regular Class Packages – can be extended by one calendar month from the date of expiry for the cost of £25. If your regular package has already expired by more than 1 month when the extension is requested, we will only extend your package at our sole discretion. Note: If you have extended your package, you may not also freeze your package.
- Special Offers – cannot be extended, unless stipulated in the offer. The fee charged, if applicable, for the extension of a special offer depends on the special offer concerned. This is the case regardless of how many classes you have left to use.
- Regular Class Packages – may be frozen for a £25 flat fee for up to 3 months. Thereafter, for £25 per month. Following a request to “unfreeze” your account, you will be granted a period of time equivalent to the number of days from and including the date you notified us (or a subsequent, but not prior, date) that you wanted to freeze your package to and including the date of expiry of the original package. By way of example:
- You purchase a package on 1.01.2012, valid for 6 months. On 1.05.2012, you notify us you wish to freeze your package. From and including 1.5.2012, to and including 30.06.12 (package expiry date), you have 61 days of your package left. On 1.07.2012, you notify us you wish to “un-freeze” your package. You have 61 days from and including 1.07.2012, to use the remainder of your package. Note: If you choose to freeze your package, you may not also extend the package.
- Special Offer Packages – May not be frozen under any circumstances, as they have a fixed expiration period. We are only able to offer competitive special offers by limiting their expiration period, and we thank you in advance for understanding this.
- Injuries – If you have an injury, which prevents attendance, please promptly supply a valid doctor’s note. Upon receipt of the same, we will apply a freeze or extension to your package for a period to be decided by us, in our sole discretion, at no cost to you. We cannot give you longer on your return to us, than the period between the date you notified us of the injury and the expiry of your package. If you require further time, you will need to purchase an extension per your class or package terms.
- All other cases – If we permit you to extend or freeze a Service(s) and it does not fall into one of the cases above, we may decide whether to grant the extension or freeze of the package at our sole discretion and set the price of such freeze or extension at our sole discretion.
- Package Sharing – Is not permitted. Everyone who comes to classes needs to have a separate online profile and a separate package due to safety and liability reasons.
- It is your sole responsibility to keep abreast of the expiry date of your Services and to request extensions and freezes promptly. We cannot be responsible for your failure to do so.
PRICES AND EXPIRY PERIODS
- All Prices – are subject to change without notice and special offers may be withdrawn at any time without notice.
- All Classes/Massage/Workshops/PT/Packages – are non-transferable and subject to our 12-hour cancellation policy.
- Regular Classes/Workshops/PT/Packages – valid 26 weeks from and including the purchase date, unless otherwise stipulated.
- Regular Massage Packages – valid 52 weeks from and including the purchase date, unless otherwise stipulated.
- Special Offers – valid for the period stipulated in the offer from and including the purchase date unless otherwise stipulated in the offer. Packages can be extended to 26 weeks | extension fee + administration charge applies. If you are unsure of the validity of a class or PT package – please contact us prior to purchase.
- All Classes – Are valid across all studios unless otherwise stipulated on the purchase note.
- It is your sole responsibility to check your account and keep abreast of your Services’ expiration date. We do not remind you of these.
- More than 12 hours prior to the scheduled Service time you will receive an email from our online booking system telling you that you have been moved to the Service. You can early cancel via your online account. It is your responsibility to check your email and spam box to see whether you have been added to the class and that your email address details are current. We may text you as a polite reminder, but this does not override your obligation to check your email and class schedule. Failure to respond may mean your slot is offered to another or released for general booking.
- Less than 12 hours to scheduled Service time. We will text you telling you that you have been added to the Service. You have 1 hour from that text to cancel the booking by emailing the studio or replying to the text. Failure to do so means space will be released to other students for booking. Until you have confirmed your reservation, any other person may book your space on that day.
- Note: By adding yourself to the waiting list you grant us permission to subscribe you to email reminders & notifications. This will allow us to notify you if space becomes available.
All personal belongings left at our studios during or outside of Services and opening hours are left at your sole risk and we, our directors and our instructors/massage therapists are in no way responsible for their theft, loss or damage. You acknowledge that no claim may be brought for any loss, theft or damage to personal belongings or loss suffered as a result of any loss, theft or damage to personal belongings, left at the studio at any time.
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
SITE USAGE / INTELLECTUAL PROPERTY RIGHTS
- You may use the Site, our Facebook page, Twitter feed and booking/purchase sites (together with our “Social Media”) for personal and lawful use and under these terms, you are not allowed to copy or use any material from our Social Media for any commercial purpose.
- The intellectual property rights in all contents of our Social Media and supplied as part of the Products or Services, and in the Tempo Pilates and/or Tempo 301 brands, trademarks and logos (“Materials”) are owned by us. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials or remove or change anything on our Social Media, include or create links to or from our Social Media without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies thereof. “Tempo Pilates and/or Tempo 301” is a registered trademark or application for registered trademarks owned by us. Please refrain from using the Tempo Pilates and/or Tempo 301 brand, logos or marks without written licence.
- Please refrain from using our Social Media to post, upload or otherwise transmit material that is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into our Social Media or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying our Social Media or any other web site or damage or destroy our reputation.
- We accept no obligation to monitor the use of our Social Media. However, Tempo Pilates and/or Tempo 301 reserves the right to disclose any information as required by law and/or to remove, refuse to post or edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Tempo Pilates and/or Tempo 301 will also, in its absolute discretion, fully cooperate with law enforcement and other relevant authorities concerning any investigation of suspected unlawful activity or violation of network security. As we may change our Social Media from time to time, it is recommended that you refresh your browser each time you visit our sites to ensure that you download the most up to date version.
You are referred to the important liability statement in paragraph 1 at the top of these Terms in addition to this paragraph 15. You agree to these Terms that your use of this Site and the Services are on an “as is” and “as available” basis. On that basis, except as expressly set out in these Terms, we do not enter into conditions, warranties or other terms in relation to the Site or the products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. The Site and Social Media may include links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, however, we are not responsible for the content of these sites and pages or for anything provided by them. Subject to the important liability statement, we are not liable for failure to comply with these Terms due to any event beyond our reasonable control, including, without limitation, the input of incorrect information by you.
YOUR PERSONAL INFORMATION
These Terms together with our booking/waitlist confirmation constitute the entire agreement between the parties unless otherwise expressly agreed in writing between the parties.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
- Administer your accounts and subscriptions with us
- Process orders, payments or applications submitted by you
- Customise the service we provide to you
- Administrate or otherwise carry out our obligations in relation to any agreement you have with us including any subscription to our service
- Verify your identity (for example, in the event you are a competition winner)
- Anticipate and resolve problems with any services supplied to you
- Carry out market research and tracking of sales data
- Send you information about our services (if you have chosen to receive such information);
Although we do not make it compulsory to give us every item of information we ask for, the more information you volunteer (and the more accurate it is), the better we can tailor our services for you.
At Tempo Pilates and/or Tempo 301 we don’t share your data with any third party other than those utilised to service our business.
We cannot be responsible for the privacy policies and practices of other websites even if you access them using links from our Sites and recommend that you check the policy of each site you visit.
Log files/IP addresses
When you visit our site, we may automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. We use IP addresses to help us administer the Site and to collect broad demographic information for aggregate use.
We may automatically collect non-personal information about you such as the type of internet browsers you use or the site from which you linked to our Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Sites. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Sites with information relating to the number of users linking to our Sites from their sites. You cannot be identified from this information.
Information placed on your computer
We may store some information (commonly known as a cookie) on your computer when you look at our site. This information facilitates your use of our Sites and helps us to provide you with the best level of service.
You can erase or block cookies from your computer if you want to (your help screen or manual should tell you how to do this), but certain Tempo Pilates and/or Tempo 301 services may not work correctly if you set your browser not to accept cookies.
Improving our service
If you have agreed that we can, staff from Tempo Pilates and/or Tempo 301 may contact you from time to time by e-mail or by telephone to obtain your feedback on the service we provide to you.
Information about products and services. It is very important to us that we provide you with the highest level of service. To help us do this, where you have agreed to receive such information, from time to time we may send you details of products and services which we think may be of interest to you.
Keeping our records accurate
We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, you may do so at any time by simply contacting us. If you have another query relating to your information, please contact us.
Disclosing your information to others
Other than the disclosures referred to in this policy, we will not disclose any personal information without your permission unless we are legally entitled or obliged to do so (for example, if required to do so by Court order or for the prevention of fraud or other crime). Our policy is not to sell or share data.