Terms

WEBSITE TERMS OF USE

1.1 About Our Terms of Use

  1. 1.1 These Terms explain how You may use this website and all associated web pages (the “Site”).
  2. 1.2 You should read these Terms carefully before using the Site.
  3. 1.3 By accessing or using the Site or otherwise indicating Your consent, You agree to be bound by these Terms and the documents referred to in them.
  4. 1.4 If You do not agree with or accept any of these Terms, You should stop using the Site immediately.
  5. 1.5 If You have any questions about the Site, please contact Us by: e-mail to: hello@lifebody.io (Monday to Friday: 9 am to 5 pm).
  6. 1.6 Definitions

“Asteria” /”We”/”Us”/”Our”

means ASTERIA FITNESS LTD. a company registered in England under number 10130968 whose registered office is at 42 Wright Lane, Kesgrave, Suffolk, IP5 2FA;

“Client Terms and Conditions”

means the terms and conditions available at: https://lifebody.io/pages/terms-and-conditions, which apply to booking and attending Our online Pilates classes and one to one Pilates sessions;

“Content”

means any text, images, video, audio or other multimedia content, software or other information or material made available or displayed on the Site (but not including the Members’ Content or any other content that is only made available to Our clients and is not available to the general public);

“Intellectual Property Rights”

means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, data exclusivity rights, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case:

  1. whether registered or not,
  2. including any applications to protect or register such rights,
  3. including all renewals and extensions of such rights or applications,
  4. whether vested, contingent or future; and
  5. wherever existing;

“Members”

means a client of Asteria who is a “Consumer” and whose application for membership of Asteria has been accepted, and he/she will be a Member thereafter for as long as he/she remains a Member as provided by the Membership Terms and Conditions, and “Membership” means membership of Asteria;

“Members’ Area”

means the members’ area of the Site accessible at https://lifebody.io/sign_in;

“Members’ Content”

means the library of online video content featuring a variety of Pilates workouts available to Members from the Members’ Area of the Site;

“Membership Terms and Conditions”

means the terms and conditions of membership available from https://lifebody.io/pages/terms-and-conditions which apply to accessing Members’ Content on the Site;

“Programme Terms and Conditions”

means the terms and conditions which apply to the 30-day programme on the Site;

“Site”

has the meaning given to it in condition 1.1;

“Terms”

means these terms and conditions of use as updated from time to time under condition 11;

“Unwanted Submission”

has the meaning given to it in condition 5.1;

“You”

means the person accessing or using the Site or its Content (and “Your” shall have the same meaning).

2. Using the Site

  1. 2.1 The Site is for Your personal and non-commercial use only.
  2. 2.2 You agree that You are solely responsible for:
    1. 2.2.1 all costs and expenses You may incur in relation to Your use of the Site; and
    2. 2.2.2 keeping Your password and other account details confidential.
  3. 2.3 The Site is intended for use only by those who can access it from within the UK. If You choose to access the Site from locations outside the UK, You are responsible for compliance with local laws where they are applicable.
  4. 2.4 We seek to make the Site as accessible as possible. If You have any difficulties using the Site, please contact Us at hello@lifebody.io and/or use the website accessibility tools available on Your browser.
  5. 2.5 These terms are supplementary to any other terms and conditions that may apply to You if You are using Our services such as Our Client Terms and Conditions, Membership Terms and Conditions and/or Our Programme Terms and Conditions.
  6. 2.6 We may prevent or suspend Your access to the Site if You do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

3.Your Privacy and Personal Information

  1. 3.1 Your privacy and personal information are important to Us. Any personal information that You provide to Us will be dealt with in line with Our privacy policy, which explains what personal information We collect from You, how and why We collect, store, use and share such information, Your rights in relation to Your personal information and how to contact Us and the supervisory authority in the event You have a query or complaint about the use of Your personal information.
  2. 3.2 Our privacy policy is available at: https://lifebody.io/pages/privacy.

4. Ownership, Use and Intellectual Property Rights

  1. 4.1 The Site and all Intellectual Property Rights in it including, but not limited to, any Content are owned by Us, Our licensors or both (as applicable). We and Our licensors reserve all of Our and their rights in any Intellectual Property Rights in connection with these Terms. This means, for example, that We and they remain owners of them and are free to use them as We and they see fit.
  2. 4.2 Nothing in these Terms grants You any legal rights in the Site other than as necessary to enable You to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including notices in relation to Intellectual Property Rights) and, in particular, in any digital rights or other security technology embedded or contained within the Site.
  3. 4.3 Trade marks: Our “LIFEBODY” logo is Our unregistered trade mark. Other trade marks and trade names may also be used on the Site. Your use of any trade marks displayed on the Site is strictly prohibited unless You have Our prior written permission.

5. Submitting Information to the Site

  1. 5.1 While We try to make sure that the Site is secure, We cannot guarantee the security of any information that You supply to Us and therefore, We cannot guarantee that it will be kept confidential. For that reason, You should not let Us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that You regard as confidential, commercially sensitive or valuable (“Unwanted Submissions”). While We value Your feedback, You agree not to submit any Unwanted Submissions.
  2. 5.2 We may use any Unwanted Submissions as We see reasonably fit on a free-of-charge basis (bear in mind that We have no way of knowing whether such information is confidential, commercially sensitive or valuable because We do not monitor the Site to check for these matters). Therefore, We will not be legally responsible for keeping any Unwanted Submissions confidential nor will We be legally responsible to You or anybody else for any use of such Unwanted Submissions.

6. Accuracy of Information and Availability of the Site

  1. 6.1 While We try to make sure that the Site is accurate, up-to-date and free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Site will be fit or suitable for any purpose. Any reliance that You may place on the information on the Site or the Content is at Your own risk.
  2. 6.2 We may suspend or terminate operation of the Site at any time as We see fit.
  3. 6.3 Content is provided for Your general information purposes only and to inform You about Us and Our products and news, features, services and other websites that may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
  4. 6.4 While We try to make sure that the Site is available for Your use, We do not promise that the Site is available at all times nor do We promise the uninterrupted use by You of the Site.

7. Hyperlinks and Third-Party Sites

The Site may contain hyperlinks or references to third-party websites or social media platforms such as Instagram or Facebook. Any such hyperlinks or references are provided for Your convenience only. We have no control over third-party websites or social media platforms (other than Our own pages) and accept no legal responsibility for any content, material or information contained in them (other than contained in Our own pages). The display of any hyperlink and reference to any third-party website or social media platform does not mean that We endorse that third-party’s website, products or services or that social media platform. Your use of a third-party site or social media platform is governed by the terms and conditions of that third-party site or social media platform.

8. Limitation of Our Liability

  1. 8.1 Except for any legal responsibility that We cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of Your personal information, We are not legally responsible for any:
    1. 8.1.1 losses that:
      1. (a) were not foreseeable to You and Us when these Terms were formed; or
      2. (b) that were not caused by any breach on Our part;
    2. 8.1.2 business losses; and
    3. 8.1.3 losses to non-consumers.

9. Events Beyond Our Control

We shall have no liability to You for any breach of these Terms caused by any event or circumstance beyond Our reasonable control including, but not limited to, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.

10.Rights of Third Parties

No one other than a party to these Terms has any right to enforce any of these Terms.

11. Variation

These Terms are dated September 2020. No changes to these Terms are valid or have any effect unless agreed by Us in writing or made in accordance with this condition 11. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these Terms from time to time to verify such variations.

12. Disputes

  1. 12.1 We will try to resolve any disputes with You quickly and efficiently.
  2. 12.2 If You are unhappy with Us please contact Us as soon as possible.
  3. 12.3 If You and We cannot resolve a dispute using Our complaint handling procedure, We will let You know that We cannot settle the dispute with You.
  4. 12.4 If the dispute is not resolved, the parties may resolve the matter through mediation in accordance with the London Court of International Arbitration Mediation Rules.
  5. 12.5 We may issue formal legal proceedings or commence arbitration at any time whether or not the steps referred to in this condition 12 have been completed.

13. Governing Law and Jurisdiction

  1. 13.1 These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. 13.2 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales, or as determined by Your residency.

ONLINE MEMBERSHIP TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply:

  1. A. to the provision of the Content to clients (“Content” is defined in condition 1.1 below) by ASTERIA FITNESS LTD. a company registered in England under number 10130968 whose registered office is at 42 Wright Lane, Kesgrave, Suffolk, IP5 2FA (“Asteria”); and 
  2. B. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.

1. Definitions and Interpretation 

  1. 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Annual   Membership Fee”

means the annual fee payable by You in advance of each year which entitles You to be and remain a Member;

“Asteria /We/Us/   Our” 

means Asteria Fitness Ltd. whose contact address is the same address as above and includes all staff (employees and agents) of Asteria;

“Business”

means any business, trade, craft, or profession carried on by You or any other person/organisation;

Consumer” 

means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual client of Asteria who uses the Content for the client’s personal use and for purposes wholly or mainly outside the purposes of any Business;

Content

means the library of online video content featuring a variety of Pilates workouts available to Members from the Members’ Area of the Website;

“Member”

means a client of Asteria who is a “Consumer” and whose application for membership of Asteria has been accepted, and he/she will be a Member thereafter for as long as he/she remains a Member as provided by these Terms and Conditions, and “Membership” means membership of Asteria; 

“Members’ Area”

means the members’ area of the Website accessible from https://lifebody.io/sign_in;

“Monthly Membership Fee”

means the monthly fee payable by You in advance of each month which entitles You to be and remain a Member; 

“Registration Form”

means the registration form that We provide to You online to sign up to become a Member; 

“Regulations”

means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

Website

means the website owned and operated by Asteria accessible from: https://lifebody.io; and

“You/Your”

means an individual who applies to become a Member of Asteria, and as the context allows, also means that person once accepted as a Member and as a client of Asteria.

  1. 1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
    1. 1.2.2 “these Terms and Conditions” is a reference to these Terms and Conditions; and
    2. 1.2.3 a condition is a reference to a condition of these Terms and Conditions;
  2. 1.3 The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
  3. 1.4 Words signifying the singular number shall include the plural and vice versa; and
  4. 1.5 References to any gender shall include the other gender. 

2. Registration, Application for Membership, and Membership

  1. 2.1 You must be a Member to access the Content. You may apply to become a Member of Asteria by completing the Registration Form.
  2. 2.2 You will be asked to select the level of Membership required and then after completing the Registration Form, You are provided with the opportunity to view and read the Terms and Conditions.  If You accept the Terms and Conditions and are happy to proceed to become a Member, You should check the box to confirm that You accept and consent to the Terms and Conditions.
  3. 2.3 The details that You provide and confirm in the Registration Form must be complete, accurate and correct, including Your confirmation that You agree to these Terms and Conditions, including but not limited to the fitness, and health and safety matters set out in condition 6 of these Terms and Conditions.
  4. 2.4 You will become a Member of Asteria once the confirmation page is displayed to You and You receive Our email confirmation, and such confirmation is subject to: 
    1. 2.4.2 Our receipt and acceptance of Your Registration Form; and
    2. 2.4.3 Your payment of the Monthly Membership Fee or the Annual Membership Fee, as applicable and as selected by You.
  5. 2.5 Our decision whether or not to accept Your Registration Form is in Our absolute discretion.
  6. 2.6 When You register to become a Member, You will be required to choose a password and user name, and You may be asked for additional information regarding Your account, such as Your e-mail address. You are responsible for maintaining the confidentiality of Your password and account information, and are fully responsible for all activities that occur under Your password or account. 
  7. 2.7 You agree to: (a) immediately notify Asteria of any unauthorised use of Your password or account or any other breach of security, and (b) ensure that You log out from Your account at the end of each session. You must not use another Member’s account without prior authorisation from Asteria. Asteria will not be liable for any loss or damage arising from Your failure to comply with this condition 2.7.
  8. 2.8 The contract is formed between You and Us on the date You receive Our email confirmation in accordance with condition 2.4 and the contract comprises of these Terms and Conditions and Your Registration Form.
  9. 2.9 We reserve the right to expel You from Asteria and/or to withdraw or refuse to renew Your Membership, or suspend it for a specific period, if Your conduct is, in Our reasonable opinion, unacceptable, or is or may be, in Our reasonable opinion, harmful to the reputation of Asteria or if it amounts to Your breach of these Terms and Conditions or where, in Our reasonable opinion, such expulsion, withdrawal or refusal to renew Your Membership, is otherwise in the interests of the other Members of Asteria. If We expel You, You will then cease to be a Member of Asteria. You will not be entitled to any refund of any part of Your Monthly Membership Fee or Annual Membership Fee (as applicable) for any withdrawn or suspended period of Membership. 
  10. 2.10 You also agree to: (a) provide true, accurate, current and complete information about You, as prompted by the Registration Form (the “Registration Data”); and (b) maintain and promptly update Your Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Asteria reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Content (or any portion thereof) at any time.
  11. 2.11 When becoming a Member, You agree to take all actions possible to protect Your username and password from fraudulent use.  Members may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Asteria as fraudulent use of the Content, which will result in the immediate cancellation of Your Membership without refund. 
  12. 2.12 You acknowledge, consent and agree that Asteria may access, preserve and disclose Your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce this contract; (c) respond to claims that any Content infringes the rights of third parties; (d) respond to Your requests for customer service; (e) protect the rights, property or personal safety of Asteria, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

3. Cancellation

  1. 3.1 You may for any reason cancel Your Membership during the 14 day period after the date You become a Member provided that You do not access the Content during that 14 day period. 
  2. 3.2 If You cancel as allowed by condition 3.1, and You have already paid the Monthly Membership Fee or Annual Membership Fee (as applicable), We will refund the payment(s) to You within 14 days of receiving Your cancellation notice.
  3. 3.3 If You access the Content prior to the end of that 14 day period, You may not cancel that month’s or year’s (as applicable) Membership but You may cancel Your membership prior to the next Monthly Membership Fee or Annual Membership Fee (as applicable) becoming due.
  4. 3.4 Your Membership is a rolling monthly or annual contract with Us, depending on the option You selected.  You may cancel Your Membership at any time by selecting the relevant option in Your account. You must ensure You cancel Your Membership prior to the next payment date, otherwise You will be charged for the next month or year (as applicable). Your Membership will automatically terminate on the date that You cancel Your Membership. 

4. Fees and Payment

  1. 4.1 You may pay Us the Membership Fee using any of the following methods:
    1. 4.1.2 using Our online payment method provided by Stripe; or
    2. 4.1.3 using one of Our gift vouchers.
  2. 4.2 When You pay the Monthly Membership Fee or the Annual Membership Fee, You will initially be charged at the rate applicable at the time of Your agreement to become a Member. If We later increase the price of the Monthly Membership Fee and/or the Annual Membership Fee, We will notify You. The increase will apply to the next payment due from You after the notice, provided that You have been given at least 10 days’ prior notice before the charge is made. If You are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due date.
  3. 4.3 There is no VAT payable in addition to the Monthly Membership Fee or the Annual Membership Fee.
  4. 4.4 We use Stripe to process Your online payments.  Further details about Stripe are available here: https://stripe.com/gb/payments.

5. Eligibility for Membership

  1. 5.1 We only make Membership available to a “Consumer” (as defined in condition 1.1 above), and Your application to become a Member will be deemed to be Your confirmation that You will be a “Consumer” in connection with any request(s) by You to receive access to the Content. 
  2. 5.2 If at any time We find that You are not a “Consumer”, We may without liability to You cancel Your Membership forthwith by giving You a cancellation notice provided that where You have paid a Monthly Membership Fee or an Annual Membership Fee for a period which extends beyond the date of that cancellation, We will refund You pro rata for the period after cancellation a portion of the Monthly Membership Fee or Annual Membership Fee (as applicable) You paid to Us for the total period of Membership.
  3. 5.3 We will not accept You as a Member or provide any Content to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.

6. Fitness, Health and Safety

  1. 6.1 By choosing to participate in the exercises provided in the Content, You agree and accept that:
    1. 6.1.2 You take part in those exercises and undertake such physical activity at Your own risk;
    2. 6.1.3 Asteria is not liable for any injury or harm sustained to You as a direct result of the exercises in the Content, except where We cannot exclude Our liability by law; 
    3. 6.1.4 You should always use common sense and seek the guidance of a medical professional before undertaking any form of online exercise or physical activity;
    4. 6.1.5 the exercises shown in the Content may be physically strenuous and You agree that You voluntarily participate in using the Content with full knowledge that even if Asteria and the relevant instructor is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise program and use of specialist equipment;
    5. 6.1.6 certain Content may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;
    6. 6.1.7 You must ensure that You are fit and well enough to participate in any exercises shown in any Content, and You will, at all times, be responsible for Your own state of health, physical condition and wellbeing;
    7. 6.1.8 advice provided by Our instructors at no time constitutes medical advice and is not a substitute for advice provided by a medical professional;
    8. 6.1.9 You have no health or fitness problems (including, but not limited to heart problems or heart irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or allergy) which may affect Your participation in any exercises shown in the Content;
    9. 6.1.10 it is Your responsibility to judge Your physical and mental capabilities for such activities. It is Your responsibility to ensure that by participating in the exercises shown in the Content, You will not exceed Your limits while performing such activity, and You will select the appropriate level of activity for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You have; and
    10. 6.1.11 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.
  2. 6.2 The Content may not suitable for You if You are, injured, pregnant, or taking medication. 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 following the exercises shown in the Content. 
  3. 6.3 You must not undertake any exercise when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
  4. 6.4 You should only use the equipment suggested by Asteria in the Content in the correct manner and You must not use them in any manner which is a health and safety risk either to You or to others.

7. Content and Intellectual Property Rights

  1. 7.1 Content is provided to You “AS IS” for Your information and personal use only.
  2. 7.2 The Content and all names, logos, trade marks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, the “Material”) are protected by copyrights, trade marks and/or other intellectual property rights owned and controlled by Asteria by third parties that have licensed or otherwise provided their material to Asteria. You acknowledge and agree that all Materials are made available for limited, non-commercial, personal use only. 
  3. 7.3 Subject to Your compliance with these Terms and solely for so long as You are permitted by Us to access and use the Content, Asteria grants You a limited, non-transferable, non-exclusive, revocable right and licence to access and use the Content for Your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This licence includes the right to view Content available in the Members Area for Your personal, non-commercial home use only, provided You keep intact all copyright and other proprietary notices. This licence will remain in effect unless and until You breach these Terms and Conditions or this licence is terminated by You or Asteria.
  4. 7.4 Except as specifically provided herein or elsewhere on the Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Asteria’s prior express written permission. 
  5. 7.5 You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Material or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
  6. 7.6 Asteria reserves all rights not expressly granted in and to the Content.
  7. 7.7 Asteria reserves the right in its sole discretion to immediately suspend and/or terminate access to the Content by any user who has infringed or who is alleged to have infringed the intellectual property rights of Asteria or of a third party, or otherwise breached any intellectual property laws or regulations.

8. Events Beyond Our Reasonable Control

  1. 8.1 We will not be liable for any failure or delay in performing Our obligations under the contract resulting from any cause or event beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
  2. 8.2 If any event described under condition 8.1 occurs that is likely to adversely affect Our performance of any obligations under the contract, We will try to inform You as soon as is reasonably possible, Our obligations will be suspended and any time limits that We are bound by will be extended accordingly. We will inform You when that event is over and provide details of any new dates, times or availability of the Content as necessary. 

9. Limitation of Liability

  1. 9.1 By using the Content, You agree to and accept the following:
    1. 9.1.2You voluntarily assume all risks, known and unknown, associated with the exercises and physical activity appearing in the Content;
    2. 9.1.3 carrying out online exercises is NOT designed to replace any medical advice nor replace the need to seek medical advice and that any information We provide in the Content is for educational purposes only;
    3. 9.1.4 We assume no responsibility for any online exercise program followed at home using the Content as exercises are not directly supervised by Us; and
    4. 9.1.5 by using the Content and taking part in the exercises and physical activity appearing in the Content, You acknowledge and agree that You hereby waive, release and forever discharge Asteria and their respective directors, officers, agents, employees, and representatives from any and all responsibilities or liability from injuries or damages resulting from or connected with Your participation in any of the Content produced by Us for any reason, except where We cannot exclude Our liability by law.
  2. 9.2 We provide the Content only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We recommend to You are fit for purpose. 
  3. 9.3 Each of Our instructors is appropriately qualified as a Pilates teacher and is competent to carry out the exercises shown in the Content assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.
  4. 9.4 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
  5. 9.5 Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
    1. 9.5.2 the Consumer Rights Act 2015; 
    2. 9.5.3 the Regulations; 
    3. 9.5.4 the Consumer Protection Act 1987; or
    4. 9.5.5 any other consumer protection legislation, as that legislation is amended from time to time.
  6. 9.6 For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

10.Changes to Terms and Conditions 

We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.

11.How We Use Your Personal Information (Data Protection)

Asteria respects Your privacy and permits You to control certain aspects of the treatment of Your personal information and We will only use Your personal information as set out in Our Privacy Policy available from: https://lifebody.io/pages/privacy.

12.Regulations

We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before the contract is formed with You (i.e. before We accept Your request to become a Member) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to become a Member. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.

13.Information

  1. 13.1 As required by the Regulations:
    1. 13.1.2.all of the information described in condition 12; and 
    2. 13.1.3.any other information which We give to You about the Content or Asteria which You take into account when deciding to become a Member or when making any other decision about the Content; will be part of the terms of Our contract with You as a Consumer.

14.Complaints

We always welcome feedback from Our clients and Members. While We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You, if You have any cause for complaint. If You have any complaint about the Content or any other complaint about Asteria or any of Our staff, please raise the matter with Us who can be contacted at Asteria by email to: hello@lifebody.io

15.No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

16.Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

17.Law and Jurisdiction

  1. 17.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. 17.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in condition 17.1 above takes away or reduces Your rights as a Consumer to rely on those provisions.
  3. 17.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England or as determined by Your residency (if You reside in the UK).

PROGRAMME TERMS AND CONDITIONS

BACKGROUND:

  1. A. These Terms and Conditions (and any and all other documents referred to in these Terms and Conditions) set out the terms and conditions on which Our Programmes, accessed through Our Website, are sold by Us to Consumers through Our Website.
  2. B. Please read these Terms and Conditions carefully and ensure that You understand them before purchasing Our Programmes. If You have any queries about anything in these Terms and Conditions, please contact Us to discuss.
  3. C. When setting up an Account before purchasing any Programmes, You are required to read, accept, and agree to comply with and be bound by these Terms and Conditions. If You do not, You will not be able to purchase any Programmes.
  4. D. All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
    1. (i) are required by law to give to You before You access any Programmes; or
    2. (ii) voluntarily give to You and You rely on it either when deciding to purchase any Programmes or when, subsequently, You make any decision about the Programmes.
  5. E. These Terms and Conditions apply only to Your purchase of the Programmes; the terms governing use of the Website also apply to You and are available here: https://lifebody.io/pages/terms-and-conditions.
  6. F. If You are a member accessing the Programmes, our Membership Terms and Conditions apply to you and are available here: https://lifebody.io/pages/terms-and-conditions.

1. Definitions and Interpretation

  1. 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in condition 6, that You must set up with Us to purchase and access any Programmes;

“Asteria” /”We”/”Us”/ ”Our”

means ASTERIA FITNESS LTD. a company registered in England under number 10130968 whose registered office is at 42 Wright Lane, Kesgrave, Suffolk, IP5 2FA;

“Client”/”You”

means a Consumer who purchases the Programmes and becomes a client of Asteria;

“Confirmation”

means Our acceptance and confirmation of Your purchase of the Programmes;

“Consumer”

means an individual customer who purchases and accesses Our Programmes for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”

means a contract for the purchase of any Programmes, as explained in condition 7;

“Programmes”

means the Pilates programmes sold by Us through the Website and made available to You in the form of instructional videos and such programmes are available in 10, 20 or 30 day programmes, further details of which are available on Our Website; and

“Website”

means the website owned and operated by Asteria accessible from: https://lifebody.io/.

2. Consumers only and Age Restriction

Only a Consumer may purchase, access and use the Programmes and only if that person is aged at least 18 years old may they do so.

3. Business Customers

These Terms and Conditions do not apply to Clients purchasing Programmes in the course of any business trade, craft or profession carried on by them or any other person/organisation.

4. The Programmes

  1. 4.1. The Programmes We offer focus on different body areas and may use specific types of Pilates equipment. The Programmes are offered for various different durations in length. You may search and select the type of Programme that You require on Our Website and You may purchase and access such selected Programme from Our Website.
  2. 4.2. We make all reasonable efforts to ensure that all descriptions of the Programmes correspond to the actual Programmes that You will access and use. Please note, however, that minor alterations may occur.
  3. 4.3. Please note that condition 4.2 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Programmes and the descriptions of them.
  4. 4.4. Minor changes may, from time to time, be made to certain Programmes, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Programmes and should not normally affect Your use of same. However, if any change is made that would affect Your use of the Programmes, suitable information will be provided to You.
  5. 4.5. In some cases, as described in the relevant descriptions, We may also make more significant changes to the Programmes. If We do so, We will inform You at least 24 hours before the changes are due to take effect, unless there is an urgent or emergency change whereupon there may be no notice provided.
  6. 4.6. The Programmes will be more fully described in other information that We give or make available to You before You purchase a Programme.

5. Pricing and Availability

  1. 5.1. Details of the pricing for Our Programmes is available from Our Website.
  2. 5.2. We make all reasonable efforts to ensure that all prices shown on the Website are correct at the time of going online. All pricing information is reviewed and updated every year.
  3. 5.3. We may from time to time change Our prices. Changes in price will not affect any purchase of any Programmes that You have already made. We will inform You of any change in price at least one month before the change is due to take effect. If You do not agree to such a change and You are unhappy with the new pricing, We advise You not to purchase the Programme.
  4. 5.4. All prices are checked by Us before We accept Your purchase. In the unlikely event that We have shown incorrect pricing information, We will contact You by email to inform You of the mistake. If the correct price is lower than that shown when You made Your purchase, We will simply charge You the lower amount and continue processing Your purchase. If the correct price is higher, We will give You the option to purchase a Programme at the correct price or to cancel Your purchase (or the affected part of it). We will not proceed with processing Your purchase in this case until You respond. If We do not receive a response from You within 48 hours, We will treat Your purchase as cancelled and notify You of this by email.
  5. 5.5. If We discover an error in the price or description of the Programmes after Your purchase is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and if You do wish to cancel the Contract, please refer to condition 16.2.
  6. 5.6. If the price of a Programme that You have purchased changes between Your purchase being made and Us processing that purchase and taking payment, You will be charged the price shown on the Website at the time of making Your purchase.
  7. 5.7. There is no VAT payable on top of Our prices stated on the Website. VAT may be payable in the future but We will advise You of that.

6. Your Account

  1. 6.1. The Website will guide You through the process of setting up an Account and purchasing the Programmes.
  2. 6.2. You may not create an Account if You are under 18 years of age.
  3. 6.3. During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account. You will be asked for additional information regarding Your Account, such as Your e-mail address.
  4. 6.4. You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
  5. 6.5. You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
  6. 6.6. You must never use anyone else’s Account without prior authorisation from Us.
  7. 6.7. When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
  8. 6.8. If Your Programme is activated and available, Your Account will remain active for the duration of the period that the Programme is available, or if later, until the end of the latest access period granted to any Programmes by Us.
  9. 6.9 If You wish to close and delete Your Account, You may do so via Your Account settings.

7. How Contracts Are Formed

  1. 7.1. Before purchasing the Programmes, You will be given the opportunity to review Your purchase details and amend them. Please ensure that You have checked Your purchase details carefully before submitting them.
  2. 7.2. If, during the purchase process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your purchase due to incorrect or incomplete information, We will contact You to ask You to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your purchase and treat the Contract as being at an end. We will not be responsible for any delay in You accessing the Programmes or their availability, if that delay results from You providing incorrect or incomplete information.
  3. 7.3. No part of the Website constitutes a contractual offer capable of acceptance. Your offer to purchase the Programmes constitutes a contractual offer that We may, in Our sole discretion, accept. Our acceptance is indicated by Us sending You a Confirmation by email. Only once We have sent You a Confirmation will there be a legally binding Contract between Us and You.
  4. 7.4. Confirmations shall contain the following information:
    1. 7.4.1. the type of Programmes selected;
    2. 7.4.2. amount paid; and
    3. 7.4.3. how to access the Programmes.
  5. 7.5. In relation to any Programme, the period during which they can be accessed will be specified by Us during the purchase process.
  6. 7.6. In the unlikely event that We do not accept or cannot fulfil Your purchase for any reason, We will explain why by email. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded to You as soon as possible and in any event within 7 to 10 days.
  7. 7.7. Refunds will be made using the same payment method that You used when purchasing the Programmes.

8.Payment for Programmes

  1. 8.1. Payment for the Programmes must always be made in advance. Your chosen payment method will be charged when We process Your purchase and send You a Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
  2. 8.2. We accept the following methods of payment on the Website:
    1. 8.2.1. Visa; and
    2. 8.2.2. Mastercard
  3. 8.3. If You believe that We have charged You an incorrect amount, please contact Us at hello@lifebody.io, as soon as reasonably possible to let Us know.
  4. 8.4. We use Stripe to process Your online payments. Further details about Stripe are available here: https://stripe.com/gb/payments.

9. Provision of the Programmes

  1. 9.1. We undertake to make the Programmes available to You (in accordance with these Terms and Conditions). If You choose not to access or make any permitted use of some or all of those Programmes, or for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.
  2. 9.2. The Programmes will be available to You, in accordance with the details for the type and duration of Programme You have selected.
  3. 9.3. When You purchase a Programme, You acknowledge that by accessing the Programme or viewing the Programme, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see condition 15.1 for more information.
  4. 9.4. In some limited circumstances, We may need to suspend the provision of the Programmes (in full or in part) for one or more of the following reasons:
    1. 9.4.1. to fix technical problems or to make necessary minor technical changes;
    2. 9.4.2. to update the content of the Programmes to comply with relevant changes in the law or other regulatory requirements;
    3. 9.4.3. to make significant changes to the content of the Programmes; or
    4. 9.4.4. due to unforeseen circumstances.
  5. 9.5. If We need to suspend availability of the Programmes for any of the reasons set out in condition 9.4, We will inform You of the suspension and explain why it is necessary. If required, Your access to the Programmes will be extended by a period equivalent to the length of the suspension.

10. Licence

  1. 10.1. When You purchase a Programme, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Programme for personal, non-commercial purposes. The licence granted to You does not give You any other rights in the content contained in the Programmes (including any material that We may licence from third parties).
  2. 10.2. The licence granted to You under condition 10.1 is subject to the following usage restrictions and/or permissions:
    1. 10.2.1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Programmes or make them available to the public; and
    2. 10.2.2. You may not make the Programmes accessible or available to any other person via any livestream facility.

11. Use of the Programmes

  1. 11.1 We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any app or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use the Programmes.
  2. 11.2 It will be Your sole responsibility to ensure that You have access to, and are familiar with all necessary technology so that You can access and use the Programmes.
  3. 11.3. You will need to have access to and use the following non-exhaustive list of facilities for this purpose:
    1. 11.3.1 an appropriate functioning Device which is adequately charged;
    2. 11.3.2 stable, reliable, internet access with adequate speed;
    3. 11.3.3 a safe and suitable environment in which to watch and listen, and to carry out the exercises;
    4. 11.3.4 suitable exercise clothing;
    5. 11.3.5 a suitable mat, as advised by Us; and
    6. 11.3.6 any other exercise equipment that You will need.

12. The Technology

  1. 12.1. We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
  2. 12.2. We will not be responsible or liable if You are unable to access any Programmes due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Programme We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):
    1. 12.2.1. where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem);
    2. 12.2.2. any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on;
    3. 12.2.3. failure of or defect in any platform used by Us or You to make the Programmes available to You; or
    4. 12.2.4. Your inability to access the Programmes due to failure of or defects in the Website.

13. Fitness, Health and Safety

  1. 13.1. You acknowledge and agree that:
    1. 13.1.1. an exercise session via a Programme (“event”) may be physically strenuous;
    2. 13.1.2. certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;
    3. 13.1.3. due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident;
    4. 13.1.4. the instructor will be appropriately qualified as a Pilates teacher and will be competent to conduct the Programmes;
    5. 13.1.5. any advice provided by an instructor involved does not constitute medical advice and is not a substitute for advice provided by a medical professional;
    6. 13.1.6. You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You; and
    7. 13.1.7. when You purchase any Programme and participate in any Programmes, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Programme that You have purchased or subsequently purchase.
  2. 13.2. You must ensure that You are fit and well enough to participate in any Programme that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
  3. 13.3. It is Your responsibility to ensure that by participating in the exercises shown in the Programmes, You will not exceed Your limits while performing such activity, and You will select the appropriate level of activity for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You have.
  4. 13.4. 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.
  5. 13.5. The Programmes may not be suitable for You if You are, injured, pregnant, or taking medication. 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 purchasing or participating in any Programmes.
  6. 13.6. You must not undertake any exercise when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
  7. 13.7. You should only use the equipment suggested by Us in the correct manner and You must not use them in any manner which is a health and safety risk either to You or to others.
  8. 13.8. During an event, if at any time, You feel uncomfortable with any of the exercises, You must stop, especially in cases where:
    1. 13.8.1. pain levels become uncomfortable; and/or
    2. 13.8.2. any part of Your body feels sharp twinges of pain, discomfort or strain.

14. Problems with the Programmes

  1. 14.1. If You believe that any Programmes are not of satisfactory quality, fit for purpose, and as described, please contact Us as soon as reasonably possible to inform Us of the problem.
  2. 14.2. Please note that We will not be liable under this condition 14 if We informed You of the fault(s) or other problems with particular Programmes before You accessed them.
  3. 14.3. If there is a problem with any of the Programmes, please contact Us at hello@lifebody.io to inform Us of the problem.
  4. 14.4. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

15. Cancelling Your Purchase

  1. 15.1. If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access the Programmes, or 14 calendar days after the date of Our Confirmation, whichever occurs first.
  2. 15.2. If You wish to exercise Your right to cancel or make changes under this condition 15, You can do so via Your Account.
  3. 15.3. We may ask You why You have chosen to cancel or rearrange and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
  4. 15.4. Refunds under this condition 15 will be issued to You as soon as possible, and in any event within 7 – 10 days of the day on which You inform Us that You wish to cancel.
  5. 15.5. Refunds under this condition 15 will be made using the same payment method that You used when purchasing the Programmes.

16. Your Other Rights to End the Contract

  1. 16.1. If there is a risk that availability of the Programmes will be significantly delayed because of events outside of Our control, We will issue You with a credit so that You can change Your Programme.
  2. 16.2. If We inform You of an error in the price or description of the Programme You purchased, and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
  3. 16.3. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  4. 16.4. If You wish to exercise Your right to cancel or reschedule under this condition 16, You can do so via clicking the links on the Confirmation.
  5. 16.5. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

17. Our Liability to Consumers

  1. 17.1. By accessing and using the Programmes, You agree to and accept the following:
    1. 17.1.1. You voluntarily assume all risks, known and unknown, associated with the exercises and physical activity in the Programmes;
    2. 17.1.2. carrying out online exercises is NOT designed to replace any medical advice nor replace the need to seek medical advice and that any information We provide in the Programmes is for educational purposes only;
    3. 17.1.3. We assume no responsibility for any online exercise Programme followed at home as exercises are not supervised by Us; and
    4. 17.1.4. by taking part in the exercises and physical activity in the Programmes, You acknowledge and agree that You hereby waive, release and forever discharge Asteria and their respective directors, officers, agents, employees, and representatives from any and all responsibilities or liability from injuries or damages resulting from or connected with Your participation in the Programmes produced by Us, for any reason, except where We cannot exclude Our liability by law.
  2. 17.2. We provide the Programmes only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We recommend to You are fit for purpose.
  3. 17.3. Each of Our instructors is appropriately qualified as a Pilates teacher and is competent to carry out the exercises shown in the Programmes assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.
  4. 17.4. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
  5. 17.5. Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
    1. 17.5.1. the Consumer Rights Act 2015;
    2. 17.5.2. the Regulations;
    3. 17.5.3. the Consumer Protection Act 1987; or
    4. 17.5.4. any other consumer protection legislation,

    any other consumer protection legislation,

    For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standards Office.

  6. 17.6. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for the Programmes which are not as described, do not match information that We provided, are not of satisfactory quality, or are not fit for any purpose made known to Us.
  7. 17.7. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a Consumer.
  8. 17.8. We will not be responsible or liable if You are unable to access any of the Programmes due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control.

18. Complaints and Feedback

We always welcome feedback from Our Clients. While We always use all reasonable endeavours to ensure that Your experience as a Client is a positive one, We nevertheless want to hear from You, if You have any cause for complaint. If You have any complaint about the Programmes, or any other complaint about Asteria or any of Our staff, please raise the matter with Nathalie Clough who can be contacted by email to: hello@lifebody.io.

19. How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy available from: https://lifebody.io/pages/privacy.

20. Other Important Terms

  1. 20.1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
  2. 20.2. You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.
  3. 20.3. The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
  4. 20.4. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to the Programmes, We will give You reasonable advance notice of the changes.

21. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

22. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

23. Law and Jurisdiction

  1. 23.1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. 23.2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in condition 23.1 above takes away or reduces Your rights as a Consumer to rely on those provisions.
  3. 23.3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England or as determined by Your residency (if You reside in the UK).

CLIENT TERMS AND CONDITIONS

BACKGROUND:

  1. A. These Terms and Conditions (and any and all other documents referred to in these Terms and Conditions) set out the terms and conditions on which Our Classes and One-to-One Sessions, booked through Our Website are sold by Us to Consumers through Our Website.
  2. B. Terms and information that are specific to accessing Pilates instruction from or via the Website using the Zoom cloud-based web conferencing platform are set out in these Terms and Conditions.
  3. C. Please read these Terms and Conditions carefully and ensure that You understand them before purchasing Our Classes or One-to-One Sessions. If You have any queries about anything in these Terms and Conditions, please contact Us to discuss.
  4. D. When setting up an Account before purchasing any Classes or One-to-One Sessions, You will be required to read, accept, and agree to comply with and be bound by these Terms and Conditions. If You do not, You will not be able to purchase any Classes or One-to-One Sessions.
  5. E. All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
    1. (i) are required by law to give to You before You book any Classes or One-to-One Sessions; or
    2. (ii) voluntarily give to You and You rely on it either when deciding to book any Classes or One-to-One Sessions or when, subsequently, You make any decision about the Classes or One-to-One Sessions.
  6. F. These Terms and Conditions apply only to Your purchase of the Classes or One-to-One Sessions; the terms governing use of the Website are separate and are available here: https://lifebody.io/pages/terms-and-conditions.
  7. G. Our Membership Terms and Conditions are available here: https://lifebody.io/pages/terms-and-conditions.

1. Definitions and Interpretation

  1. 1. in these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means the account, referred to in condition 6, that You must setup with Us to make a Booking and to purchase any Classes or One-to-One Sessions;

“Asteria” /”We”/”Us”/”Our”

means ASTERIA FITNESS LTD. a company registered in England under number 10130968 whose registered office is at 44 Elm Grove Road, London, United Kingdom, SW13 0BT;

“Booking”

means a booking on the Website purchased by You which provides You with access to the Classes or the One-to-One Sessions which comprises either:

  1. (a) one or more specific single events or items; and/or
  2. (b) one or more series or collections of two or more specific events or items; and/or
  3. (c) one or more or all types of events or items available on or via the Website; and
  4. (d) one-to-one Pilates sessions at the Pilates Studio,

We will give You information about the period of access to (a), (b), (c) and (d) before You purchase the Booking which will include the information described in condition 7.6;

“Booking Confirmation”

means Our acceptance and confirmation of Your Booking;

“Class(es)”

means the online group Pilates class or classes provided by Our instructors sold by Us through the Website and made available by Us by means of a two-way synchronous live stream audio and/or video technology, using Zoom via a link that We provide to You;

“Client”/”You”

means a Consumer who makes a Booking and becomes a client of Asteria;

“Client Enrolment Form”

means the enrolment form to be completed by Clients prior to purchasing a Booking that contains contact details for the Client and details about their health and mobility;

“Consumer”

means an individual customer who is to take part in Our Classes or One-to-One Sessions for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract”

means a contract for the purchase of any Classes or One-to-One Sessions, as explained in condition 7;

“One-to-One Session(s)”

means the one-to-one Pilates session or sessions provided by Our instructors sold by Us through the Website and made available by Us: (i) by means of a two-way synchronous live stream audio and/or video technology, using Zoom via a link that We provide to You; or (ii) in a face-to-face setting at the Pilates Studio;

“Pilates Studio”

means the Pilates studio at 42 Wright Lane, Kesgrave, Suffolk, IP5 2FA; and

“Website”

means the website owned and operated by Asteria accessible from: www.lifebody.io.

2. Consumers only and Age Restriction

Only a Consumer may purchase a Booking and participate in the Classes and the One-to-One Sessions and only if that person is aged at least 18 years old may they do so.

3. Business Customers

These Terms and Conditions do not apply to Clients purchasing Bookings and participating in the Classes and the One-to-One Sessions in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

4. Bookings, Classes and One-to-One Sessions

  1. 4.1. We make all reasonable efforts to ensure that all descriptions of the Classes and the One-to-One Sessions available from Us correspond to the actual Classes and One-to-One Sessions that You will receive. Please note, however, that minor alterations may occur.
  2. 4.2. Please note that condition 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Classes and the One-to-One Sessions and the descriptions of them.
  3. 4.3. Minor changes may, from time to time, be made to certain Classes or One-to-One Sessions, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Classes or the One-to-One Sessions and should not normally affect Your use of same. However, if any change is made that would affect Your use of the Classes or the One-to-One Sessions, suitable information will be provided to You.
  4. 4.4. In some cases, as described in the relevant descriptions, We may also make more significant changes to the Classes or the One-to-One Sessions. If We do so, We will inform You at least 24 hours before the changes are due to take effect, unless there is an urgent or emergency change whereupon there may be no notice provided.
  5. 4.5. The Classes and the One-to-One Sessions will be more fully described in other information that We give or make available to You before You place a Booking. That information may include the name of the instructor taking the Classes or One-to-One Sessions on the Website. However, We may, if We decide in Our discretion, at any time and without notice, substitute any other instructor who is suitably qualified and experienced.

5. Pricing and Availability

  1. 5.1. We make all reasonable efforts to ensure that all prices shown on the Website are correct at the time of going online. All pricing information is reviewed and updated every year.
  2. 5.2. We may from time to time change Our prices. Changes in price will not affect any Booking that You have already placed. We will inform You of any change in price at least one month before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in condition 16.1.
  3. 5.3. All prices are checked by Us before We accept Your Booking. In the unlikely event that We have shown incorrect pricing information, We will contact You by email to inform You of the mistake. If the correct price is lower than that shown when You made Your Booking, We will simply charge You the lower amount and continue processing Your Booking. If the correct price is higher, We will give You the option to purchase a Booking at the correct price or to cancel Your Booking (or the affected part of it). We will not proceed with processing Your Booking in this case until You respond. If We do not receive a response from You within 48 hours, We will treat Your Booking as cancelled and notify You of this by email.
  4. 5.4. If We discover an error in the price or description of the Classes or One-to-One Sessions after Your Booking is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and if You do wish to cancel the Contract, please refer to condition 16.3.
  5. 5.5. If the price of a Class or One-to-One Session that You have Booked changes between Your Booking being placed and Us processing that Booking and taking payment, You will be charged the price shown on the Website at the time of placing Your Booking.
  6. 5.6. There is no VAT payable on top of Our prices stated on the Website. VAT may be payable in the future but We will advise You of that.

6. Your Account

  1. 6.1. The Website will guide You through the process of setting up an Account and purchasing a Booking.
  2. 6.2. You may not create an Account if You are under 18 years of age.
  3. 6.3. During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account. You will be asked for additional information regarding Your Account, such as Your e-mail address.
  4. 6.4. You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
  5. 6.5. You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
  6. 6.6. You must never use anyone else’s Account without prior authorisation from Us.
  7. 6.7. When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
  8. 6.8. If You have an active Booking, Your Account will remain active for the duration of the period of that Booking or, if later, until the end of the latest access period granted to any Classes or One-to-One Sessions by the Booking.
  9. 6.9. If You wish to close and delete Your Account, You may do so via the Booking system at: https://lifebody.io/dashboard.

7. Orders – How Contracts Are Formed

  1. 7.1. Prior to making any Booking You will be asked to fill in a Client Enrolment Form. We cannot accept Your Booking without a completed Client Enrolment Form. All information You provide in the Client Enrolment Form must be true, accurate and up-to-date and must not be misleading in any way.
  2. 7.2. Before purchasing a Booking, You will be given the opportunity to review Your Booking and amend it. Please ensure that You have checked Your Booking carefully before submitting it.
  3. 7.3. If, during the Booking process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your Booking due to incorrect or incomplete information, We will contact You to ask You to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your Booking and treat the Contract as being at an end. We will not be responsible for any delay in You attending the Classes or the One-to-One Sessions or their availability, if that delay results from You providing incorrect or incomplete information.
  4. 7.4. No part of the Website constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may, in Our sole discretion, accept. Our acceptance is indicated by Us sending You a Booking Confirmation by email. Only once We have sent You a Booking Confirmation will there be a legally binding Contract between Us and You.
  5. 7.5. Booking Confirmations shall contain the following information:
    1. 7.5.1. confirmation of the Booking including the type of Booking;
    2. 7.5.2. date and time of Your Classes or One-to-One Sessions;
    3. 7.5.3. the location of Your Classes or One-to-One Sessions;
    4. 7.5.4. the duration of Your Classes or One-to-One Sessions;
    5. 7.5.5. options to change or cancel Your Booking; and
    6. 7.5.6. the option to add Your Booking to Your calendar.
  6. 7.6. In relation to any video (live) event, item, series, collection or type/s of events or items constituting the Classes or the One-to-One Sessions, the period during which they can be accessed or attended will be either: (a) the whole period of the Booking; or (b) a specific period commencing on a stated date.
  7. 7.7. In the unlikely event that We do not accept or cannot fulfil Your Booking for any reason, We will explain why by email. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded to You as soon as possible and in any event within 7 to 10 days.
  8. 7.8. Refunds will be made using the same payment method that You used when purchasing Your Booking.

8. Payment for Bookings

  1. 8.1. Payment for Bookings must always be made in advance. Your chosen payment method will be charged when We process Your Booking and send You a Booking Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
  2. 8.2. We accept the following methods of payment on the Website:
    1. 8.2.1. Visa; and
    2. 8.2.2. Mastercard.
  3. 8.3. If You believe that We have charged You an incorrect amount, please contact Us at hello@lifebody.io as soon as reasonably possible to let Us know.
  4. 8.4. We use Stripe to process Your online payments. Further details about Stripe are available here: https://stripe.com/gb/payments.

9. Provision of Classes and One-to-One Sessions

  1. 9.1. We undertake to make the Classes and the One-to-One Sessions available to You (in accordance with these Terms and Conditions). If You choose not to access or make any permitted use of some or all of those Classes or One-to-One Sessions, or for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.
  2. 9.2. The Classes or One-to-One Sessions (as applicable to Your Booking) will be available to You, subject to the following:
    1. 9.2.1. Classes and One-to-One Sessions will be available on the dates and times stated in the information that We provide, either: (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a face-to-face item, the date and time of the One-to-One Session.
    2. 9.2.2. If a Class or a One-to-One Session is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it is scheduled to start. However, the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will either reschedule the Class or One-to-One Session or provide You with a credit so that You can make another Booking.
  3. 9.3. When You place a Booking, You acknowledge that by accessing (e.g. streaming) the online Classes and online One-to-One Sessions, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see condition 15.1 for more information.
  4. 9.4. In some limited circumstances, We may need to suspend the provision of the online Classes or online One-to-One Sessions (in full or in part) for one or more of the following reasons:
    1. 9.4.1. to fix technical problems or to make necessary minor technical changes;
    2. 9.4.2. to update the content of the online Classes or online One-to-One Sessions to comply with relevant changes in the law or other regulatory requirements;
    3. 9.4.3. to make significant changes to the content of the online Classes or online One-to-One Sessions; and
    4. 9.4.4. due to the instructors’ holidays, illness or other absences.
  5. 9.5. If We need to suspend availability of the Classes or the One-to-One Sessions for any of the reasons set out condition 9.4, We will inform You of the suspension and explain why it is necessary. You will not be charged while availability is suspended and Your Booking will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell You that it is going to last) for more than 90 days, You may change the Booking as described below in condition 16.2.
  6. 9.6. In the Pilates Studio, the following restrictions and terms apply:
    1. 9.6.1. no chewing gum, food, or uncapped drinks are permitted in the Pilates Studio;
    2. 9.6.2. all sessions are for a duration of 55 minutes;
    3. 9.6.3. Clients must wear suitable fitness clothing and no jewellery;
    4. 9.6.4. Clients must avoid wearing zips or buttons as these can damage the apparatus; and
    5. 9.6.5. Clients may be asked to remove make-up.

10. Licence

  1. 10.1. When You purchase a Booking, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant online Classes or online One-to-One Sessions for personal, non-commercial purposes. The licence granted to You does not give You any other rights in the content contained in Our Classes and One-to-One Sessions (including any material that We may licence from third parties).
  2. 10.2. The licence granted to You under condition 10.1 is subject to the following usage restrictions and/or permissions:
    1. 10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the online Classes or online One-to-One Sessions or make them available to the public; and
    2. 10.2.2 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the online Classes or online One-to-One Sessions or make them available to the public; and

11. Use of the Zoom Web-Conferencing Platform

  1. 11.1. We use technology which allows Us to provide You with the online Classes and online One-to-One Sessions (“Instruction”) provided that You have the appropriate technology (see below) to receive same. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”).
  2. 11.2. We will subscribe to Zoom and will pay any necessary fees to Zoom to maintain that subscription. It will enable Us to act as “host” and to provide the Instruction to You over the internet via Zoom.
  3. 11.3. To receive or participate in any Instruction via Zoom, You will need to join a session which is within the scope of Your Booking. You will not need to pay any fee or charge for use of the Zoom facility or to join that session: You will only need to pay for the Instruction made available by Your Booking.
  4. 11.4. We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom app or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom.
  5. 11.5. It will be Your sole responsibility to ensure that You have access to, and are familiar with all necessary technology so that You can receive and participate in Instruction via Zoom.
  6. 11.6. You will need have access to and use the following non-exhaustive list of facilities for this purpose:
    1. 11.6.1. an appropriate functioning Device which is adequately charged;
    2. 11.6.2. an up to date Zoom account where applicable. It will need to be working fully and correctly on Your Device, so that You can receive the Instruction;
    3. 11.6.3. stable, reliable, internet access with adequate speed;
    4. 11.6.4. a safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise;
    5. 11.6.5. suitable exercise clothing;
    6. 11.6.6. a suitable mat, as advised by Us; and
    7. 11.6.7. any other exercise equipment that You will need.
  7. 11.7. We do not make, supply or make available the Zoom platform that You use to access the Instruction. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and the privacy policy of Zoom as the third-party provider of the platform to You imposes on such download and use.

12. The Technology

  1. 12.1. We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
  2. 12.2. We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable to You.
  3. 12.3. We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):
    1. 12.3.1. where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem);
    2. 12.3.2. any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on;
    3. 12.3.3. failure of or defect in the Zoom platform used by Us or You to make the Instruction available to You; or
    4. 12.3.4. Your inability to access the Instruction due to failure of or defects in the Website.

13. Fitness, Health and Safety

  1. 13.1. You acknowledge and agree that:
    1. 13.1.1 an exercise session (“event”) may be physically strenuous;
    2. 13.1.2 certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;
    3. 13.1.3 due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident;
    4. 13.1.4 the instructor will be appropriately qualified as a Pilates teacher and will be competent to conduct the Classes or the One-to-One Sessions;
    5. 13.1.5 any advice provided by an instructor involved does not constitute medical advice and is not a substitute for advice provided by a medical professional;
    6. 13.1.6 You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;
    7. 13.1.7 subject to condition 13.1.8, when You provide details in the Client Enrolment Form, and also when You purchase any Booking, book and participate in any Classes or One-to-One Sessions, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Booking that You have purchased or subsequently purchase; and
    8. 13.1.8 if We consider any details that You disclose to Us in the Client Enrolment Form are not compatible with taking part in the Classes or One-to-One Sessions, We will inform You by email.
  2. 13.2. You must ensure that You are fit and well enough to participate in any Classes or One-to-One Sessions that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.
  3. 13.3. It is Your responsibility to ensure that by participating in the exercises shown in the Content, You will not exceed Your limits while performing such activity, and You will select the appropriate level of activity for Your skills and abilities, as well as for any mental or physical conditions and/or limitations You have;
  4. 13.4. 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.
  5. 13.5. The Classes and One-to-One Sessions may not be suitable for You if You are, injured, pregnant, or taking medication. 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 purchasing or participating in any event.
  6. 13.6. You must not undertake any exercise when under the influence of alcohol or illegal drugs or immediately following a heavy meal.
  7. 13.7. You should only use the equipment suggested by Us in the correct manner and You must not use them in any manner which is a health and safety risk either to You or to others.
  8. 13.8. During an event, if at any time, You feel uncomfortable with any of the exercises, You must stop and inform the instructor, especially in cases where:
    1. 13.8.1. pain levels become uncomfortable; and/or
    2. 13.8.2. any part of Your body feels sharp twinges of pain, discomfort or strain.

14. Problems with the Classes or One-to-One Sessions

  1. 14.1. If You believe that any Classes or One-to-One Sessions are not of satisfactory quality, fit for purpose, and as described, please contact Us as soon as reasonably possible to inform Us of the problem.
  2. 14.2. Please note that We will not be liable under this condition 14 if We informed You of the fault(s) or other problems with particular Classes or One-to-One Sessions before You accessed them or attended.
  3. 14.3. If there is a problem with any Classes or One-to-One Sessions, please contact Us at hello@lifebody.io to inform Us of the problem.
  4. 14.4. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

15. Cancelling Your Booking and Expiry Dates

  1. 15.1. If You are a Consumer in the UK or the European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Booking Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. stream) or attend the Classes or One-to-One Sessions, or 14 calendar days after the date of Our Booking Confirmation, whichever occurs first.
  2. 15.2. You may cancel your Booking at any time up to 24 hours before the Classes or the One-to-One Sessions start. If You cancel in accordance with this condition 15.2, you may either: (i) rearrange the Booking to book another Class or One-to-One Session; or (ii) gift the Booking to another individual. You will not be offered a refund. You agree and acknowledge that should You cancel any Classes or One-to-One Sessions without providing Us with the required 24 hours’ notice, you will forfeit your Booking and Your payment for the Classes or One-to-One Sessions will not be refunded.
  3. 15.3. If you need to change Your Booking, You may do so via the link in Your Booking Confirmation, provided that You do so 24 hours prior to the start time of Your Classes or One-to-One Sessions. You agree and acknowledge that it is not possible to change any Classes or One-to-One Sessions without providing Us with the required 24 hours’ notice and Your payment for the Classes or One-to-One Sessions will not be refunded.
  4. 15.4. If You decide to gift Your Booking or your block Bookings to another individual, You may do so provided that: (i) the individual completes a Client Enrolment Form; (ii) You gift Your Booking 24 hours prior to the start time of Your Classes or One-to-One Sessions: and (iii) if you are gifting a block Booking, you may only gift the whole block and not individual Classes or One-to-One Sessions. You agree and acknowledge that it is not possible to gift any Classes or One-to-One Sessions without providing Us with the required 24 hours’ notice and Your payment for the Classes or One-to-One Sessions will not be refunded.
  5. 15.5. If You purchase a Booking by mistake, please inform Us as soon as possible and do not attempt to access or attend any Classes or One-to-One Sessions. Provided You have not accessed or attended any Classes or One-to-One Sessions since the start date of the Booking, You may change Your Booking. If You have accessed any Classes or One-to-One Sessions once the Booking has started, We will not be able to offer changes to Your Booking.
  6. 15.6. If You wish to exercise Your right to cancel or reschedule under this condition 15, You can do so via clicking the links on Your Booking Confirmation or using the online Booking system.
  7. 15.7. We may ask You why You have chosen to cancel or rearrange and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
  8. 15.8. Refunds under this condition 15 will be issued to You as soon as possible, and in any event within 7 – 10 days of the day on which You inform Us that You wish to cancel.
  9. 15.9. Refunds under this condition 15 will be made using the same payment method that You used when purchasing Your Booking.
  10. 15.10. For block Bookings, the following expiry dates apply:
    1. Ten (10) Classes or One-to-One Sessions: must all be used within 90 days of the date of the Booking Confirmation;
    2. Five (5) Classes or One-to-One Sessions: must all be used within 45 days of the date of the Booking Confirmation; and
    3. One (1) Class or One-to-One Session: no expiry date but must be used on the date of the Booking or rearranged, cancelled or gifted in accordance with this condition 15.

16. Your Other Rights to End the Contract

  1. 16.1. You may end the Contract at any time if We have informed You of a forthcoming change to Your Booking, the Classes or the One-to-One Sessions (as described above in condition 5.2), or to these Terms and Conditions that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Booking, We will issue You with a credit so that You can change Your Booking.
  2. 16.2. If there is a risk that availability of the Classes or the One-to-One Sessions will be significantly delayed because of events outside of Our control, We will issue You with a credit so that You can change Your Booking.
  3. 16.3. If We inform You of an error in the price or description of Your Booking, the Classes or the One-to-One Sessions and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
  4. 16.4. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  5. 16.5. If You wish to exercise Your right to cancel or reschedule under this condition 16, You can do so via clicking the links on Your Booking Confirmation or using the online Booking system.
  6. 16.6. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

17. Our Liability to Consumers

  1. 17.1. By accessing and taking part in the Classes and the One-to-One Sessions, You agree to and accept the following:
    1. 17.1.1 You voluntarily assume all risks, known and unknown, associated with the exercises and physical activity in the Classes and One-to-One Sessions;
    2. 17.1.2 carrying out online exercises is NOT designed to replace any medical advice nor replace the need to seek medical advice and that any information We provide in the Classes and One-to-One Sessions is for educational purposes only;
    3. 17.1.3 We assume no responsibility for any online exercise program followed at home using the Classes and One-to-One Sessions as exercises are not directly supervised by Us; and
    4. 17.1.4 by taking part in the exercises and physical activity in the Classes and One-to-One Sessions, You acknowledge and agree that You hereby waive, release and forever discharge Asteria and their respective directors, officers, agents, employees, and representatives from any and all responsibilities or liability from injuries or damages resulting from or connected with Your participation in the Classes and One-to-One Sessions produced by Us for any reason, except where We cannot exclude Our liability by law.
  2. 17.2. We provide the Classes and One-to-One Sessions only for Your personal and private use/purposes. We make no warranty or representation that any equipment, clothing or other goods that We recommend to You are fit for purpose.
  3. 17.3. Each of Our instructors is appropriately qualified as a Pilates teacher and is competent to carry out the exercises shown in the Classes and One-to-One Sessions assigned to him/her, but their advice does not include any medical advice and is not a substitute for advice provided by a medical professional.
  4. 17.4. Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
  5. 17.5. Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:

    1. 17.5.1. the Consumer Rights Act 2015;
    2. 17.5.2. the Regulations;
    3. 17.5.3. the Consumer Protection Act 1987; or
    4. 17.5.4. any other consumer protection legislation, as that legislation is amended from time to time.

    For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

  6. 17.6. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for the Classes and One-to-One Sessions which are not as described, do not match information that We provided, are not of satisfactory quality, or are not fit for any purpose made known to Us.
  7. 17.7. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a Consumer.
  8. 17.8. We will not be responsible or liable if You are unable to access any the Classes and One-to-One Sessions due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control.

18. Complaints and Feedback

We always welcome feedback from Our Clients. While We always use all reasonable endeavours to ensure that Your experience as a Client is a positive one, We nevertheless want to hear from You, if You have any cause for complaint. If You have any complaint about the Classes, the One-to-One Sessions, or any other complaint about Asteria or any of Our staff, please raise the matter with Nathalie Clough who can be contacted by email to: hello@lifebody.io.

19. How We Use Your Personal Information (Data Protection)

  1. 19.1. We will only use Your personal data as set out in Our Privacy Policy available from: https://lifebody.io/pages/privacy.
  2. 19.2. Note that when You purchase One-to-One Sessions, they will be accessible only to You as an individual private lesson.
  3. 19.3. Where any Instruction that You access is two-way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session.
  4. 19.4. Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:
    1. 19.4.1. Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:
    2. 19.4.2. You understand and are aware that there is a risk that other Clients and other people may see and hear (via the video and/or audio facilities of the Zoom platform and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
    3. 19.4.3. the space You use should be free of others and it should be difficult to see or hear via the Zoom platform and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
    4. 19.4.4. there are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
    5. 19.4.5. We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Clients in addition to You; and
    6. 19.4.6. in any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two-way session to protect Your privacy and that of others in or near that space.
  5. 19.5. We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

20. Other Important Terms

  1. 20.1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions (and the Contract) will not be affected and Our obligations under these Terms and Conditions (and the Contract) will be transferred to the third party who will remain bound by them.
  2. 20.2. You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract) without Our express written permission.
  3. 20.3. The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
  4. 20.4. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to Your Booking, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.

21. No Waiver

No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.

22. Severance

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

23. Law and Jurisdiction

  1. 23.1. These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  2. 23.2. As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in condition 23.1 above takes away or reduces Your rights as a Consumer to rely on those provisions.
  3. 23.3. Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England or as determined by Your residency (if You reside in the UK).
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