Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and JoTuffrey.com, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by JoTuffrey.com and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to JoTuffrey.com and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of JoTuffrey.com, our affiliates or other relevant third parties.

In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.

By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only, do the following:

  • retrieve, display and view the Content on a computer screen
  • You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of JoTuffrey.com.

Membership

JoTuffrey.com memberships provide access to content and/or areas of the website granted by their respected membership levels. Active members are allowed unlimited access to content and/or areas of the website associated with their respective membership level.

Memberships can be cancelled at anytime by the member, or JoTuffrey.com if deemed appropriate. If cancelled, memberships will be terminated immediately and billing will cease the following billing cycle. Annual memberships are billed on an annual cycle. Monthly memberships are billed on an monthly cycle.

Personal safety

Jo’s Weekly Workout Club encourages physical activity. Please ensure you are in good health before purchasing membership or participating in sessions.

The following statements are binding:

  • I will faithfully follow all instructions given to me by JoTuffrey.com instructors as to when and how to perform and not to perform pilates exercises. I understand the practice of pilates may expose me to the risk of personal injury, disease, or death and I knowingly and willingly assume such risk.
  • I understand and agree that I will receive instruction in pilates and fitness theory and exercise only and that I will not hold  JoTuffrey.com trainers liable for any personal injury, arising from my participation in any class purchased through this website.
  • I understand that not all exercises are suitable for everyone, and to reduce the risk of injury, I will never force or strain during exercise, and will consult a physician immediately upon experiencing any pain or discomfort.
  • In the event that I am pregnant, I will not participate in any of JoTuffrey’s classes or activities until I have discussed the potential risks to me or my unborn child/foetus with my obstetrician.
  • I acknowledge and hereby affirm that I am at least 18 years of age.

Refunds

JoTuffrey.com wants you to be happy with your membership. If for whatever reason you are unhappy with your purchase, contact us within 7 days for a full refund. No refunds will be considered after 7 days.

Membership registration

When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.

On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. Logins must not be shared.

If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

Prohibited use

You may not use the Website for any of the following purposes:

  • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of JoTuffrey.com or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Privacy Policy and Cookies Policy

Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https:/jotuffrey.com/privacy/

Availability of the Website and disclaimers

Any online facilities, tools, services or information that JoTuffrey.com makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. JoTuffrey.com is under no obligation to update information on the Website.

Whilst JoTuffrey.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

JoTuffrey.com accepts no liability for any disruption or non-availability of the Website.

JoTuffrey.com reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, JoTuffrey.com accepts no liability for any of the following:

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.