Terms & Conditions
Effective date: 29th March 2022
Thank you for using services offered by Charlie Plunkett trading as Ballet Boutique Fitness.
Please read these Terms and Conditions carefully and ensure that you understand them before purchasing any Product, Service or Subscription. You will be required to read and accept these Terms of Sale when ordering any of the Products, Services & Subscriptions offered on our website. If you do not agree to comply with and be bound by these Terms, you should not continue to purchase and access Paid Content through Our Site. These Terms and Conditions, as well as any and all Policies and Contracts are in the English language only.
By continuing to use this website www.balletboutiquefitness.com (“Website”), You are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions (Terms), Privacy Policy, any Disclaimer Notice and any or all Agreements on this Website:
“Customer”, “You”, “User” and “Your” refers to you, the person accessing our website and exploiting our Services/Products and therefore accepting the Company’s terms and conditions and; “User Account” or “Account” shall mean the online account maintained by the User at the Website to avail of the Services; the “Company”, “Our”, “We” and “Us”, refers to Our Company, Ballet Boutique Fitness.
“Party” or “Parties” refers to both the Customer/User and Ourselves, or either the Customer or Ourselves.
“Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”).
Any use or access by anyone under the age of 13 is prohibited unless permitted by the laws of your country of residence, and certain regions and/or Products may have additional requirements and/or restrictions.
All rights not expressly granted to You under these Terms are reserved to the Company.
SERVICES/PRODUCT(S)
The Website allows You to purchase Memberships & Subscriptions, Courses and downloadable materials, Classes, Workshops and Webinars (Products) for a fee. We may at our sole discretion engage third party service providers from time to time to provide certain Services.
Each such purchase is intended to be used only by one person, unless specified otherwise under the Product’s details. You are not allowed to share Your purchase and/or provide access to such purchase to a third party. Please acknowledge that the Products we provide You with for a fee paid through Our Website constitute Our intellectual property and may not be exploited in any way prohibited by these Terms.
LICENCE
Subject to these Terms and Our policies, We grant you a limited, personal, non-exclusive, non-transferable, and revocable licence to use Our Services/Products. You may use Our Product(s) only for Your personal, non-commercial use, unless You obtain Our written permission to otherwise use the Product(s). You also agree that You will access, and/or use only one User Account, unless expressly permitted by Us, and You will not share access to Your User Account or access information for Your Account with any third party. Using our Services/Product(s) does not give you the ownership of or any intellectual property rights in Our Services or the Product(s) you access for a fee paid through Our Website.
CHANGES TO PRODUCTS AND SERVICES
We seek to provide world-class products and services, however unexpected events do occur. Ballet Boutique Fitness reserves the right to cancel, interrupt, reschedule, or modify any of the Products or Services on offer. Products and Services are subject to the Disclaimer sections below.
PRIVACY
We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly email addresses to facilitate and deliver orders as part of Our commitment to provide the Services Our Customers have paid.
Moreover, if you opted in to receive marketing emails (e.g our newsletter) from Ballet Boutique Fitness, we will use your email to keep in touch regarding updates, events and other services, in accordance with our Privacy Policy. You can opt out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible service to Our Customers.
SUPPORT
We will provide Customer support services to Our registered Users via electronic mail. If You experience any difficulties using Our Product please notify us using the following email: [email protected] with a subject line “Support”.
However, We will not be liable or in any way responsible for Your own technical issues, internet speed and other related to Your access/device/location matters and We reserve the right to solely determine whether such difficulty exists on Our side.
FEEDBACK
We welcome your suggestions, ideas, comments, and other feedback regarding the products /Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Ballet Boutique Fitness does not waive any rights to use similar or related Feedback previously known to Ballet Boutique Fitness, developed by our employees, contractors, or obtained from other sources.
DISCLAIMER
The information on this Website is provided on an “AS IS” basis.
To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this Website and its content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Company’s Products; (ii) excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal Product of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Ballet Boutique Fitness does not dispense medical advice or prescribe the use of any technique as a replacement form of treatment for physical, mental, emotional or medical problems by your doctor either directly or indirectly. Ballet Boutique Fitness and Charlie Plunkett’s intention is to offer a variety of activities, information and tools to help the participant in their quest for personal growth, emotional, mental and physical wellbeing
Without limiting the foregoing, we do not warrant that (a) the product(s) will meet your requirements or expectations or achieve the intended purposes, (b) the products will not experience outages or otherwise be uninterrupted, timely, secure or error free, (c) that defects on the products will be corrected. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the product(s).
FEES
Purchasing a Product: We offer paid Product(s) for a fee. You are responsible for paying all fees charged by Us and applicable taxes in a timely manner with a payment mechanism associated with the applicable Paid Product(s). When you make a purchase, you agree not to use an invalid or unauthorised payment method. We reserve the right to disable access to any Product for which we have not received adequate payment. Unless otherwise stated, all fees are quoted in GBP. You are solely responsible for any sales, value added, withholding or similar taxes that apply to Your purchase, whether domestic or foreign.
Memberships & Recurring Subscriptions
Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation email. Your purchase history will also be available in your membership space.
If you do not make any payment due to Us on time, We may suspend your access to the Paid Content. If you do not make payment within seven days of Our reminder, We may cancel the Membership or Subscription. Any outstanding sums due to Us will remain due and payable.
If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know. You will not be charged for Paid Content while availability is suspended.
Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Subscription or Membership..
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for example in the case where we need time to fix technical problems or to make necessary minor technical changes; To update the Paid Content to comply with relevant changes in the law or other regulatory requirements; To make more significant changes to the Paid Content.
If We need to suspend availability of the Paid Content for any of the reasons set out above, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible).
Cancelling a Subscription
If you wish to cancel a Subscription or Recurring Payment, you may inform Us of your cancellation in any way you wish, cancellation by email is effective from the date on which you send Us your message.
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.
No refunds of payments made as part of a monthly subscription will be due once payment has been made. Please take into account your subscription renewal date, and we recommend cancelling towards the end of the payment period as access to paid content will be removed immediately on cancellation.
Pricing changes
We may from time to time change Our prices. Changes in price will not affect any Product or Subscription that you have already purchased but will apply to any subsequent renewal or new Membership/Subscription. We will inform you of any change in price at least seven days before the change is due to take effect. If you do not agree to such a change, you may cancel Subscription.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated regularly. Changes in price will not affect any order that you have already placed.
Placing an order
Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it. Once an order has been submitted and processed, no refunds will be issued.
If you have a complaint about any of our Paid Product(s), please contact [email protected] and we will endeavour to resolve any issues.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask 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 order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. 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 seven days.
Any refunds due will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs. Refunds will be made using the same payment method that you used when purchasing your Subscription.
You can purchase Our Product(s) via debit or credit card: If you choose to pay by debit or credit card You authorise Us to charge Your debit card, credit card or bank account for an amount of Product’s Applicable fee.
By purchasing any Product through Our Website, You hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU DO NOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCT. This is Your sole responsibility to find, read and understand any third party policies.
You can find the privacy policy for our current payment service provider, Stripe, here.
CUSTOMER RESTRICTIONS
As a Customer, You agree not to: Circumvent, disable, or otherwise interfere with security related features of the Website; Disparage, tarnish, or otherwise harm, in Our opinion, Website and/or the Service; Use the Product in a manner inconsistent with any applicable laws or regulations; Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service; You will not share access to Our Product with a third party (unless otherwise permitted by us separately in writing); will not lease, sell, grant or otherwise exploit Our Product(s) in a way prohibited by these Terms. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Service, or any portion of the Website.
Age Restrictions
Our Service does not address anyone under the age of 16. Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 16 years of age. We do not knowingly allow purchases from anyone under the age of 16. If You are a parent or guardian and You are aware that Your child has made a Purchase, please contact Us.
USER CONTENT AND CONDUCT
In case Our Services enable You to share your content ("User Content"), You retain all intellectual property rights in, and are responsible for, the User Content You create and share. However, by submitting User Content you grant other Users and Company the right to share Your User Content via any social media platform.
As a user of the Site, you agree not to post any Prohibited Content:
1. Profane language or content;
2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law;
3. Inappropriate sexual content or links to inappropriate sexual content, nudity or obscene;
4. Conduct or encouragement of illegal activity;
5. Private and confidential information;
6. Content that violates a legal ownership interest of any other party.
INTELLECTUAL PROPERTY OF OUR COMPANY
Unless otherwise indicated, this Website is Our proprietary property and all source code, databases, functionality, software, Website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws in various jurisdictions including EU and US, international copyright laws, and international conventions.
TERM AND TERMINATION
The Company may terminate your access to all or any part of the Website, Services and/or Product(s) at any time, with or without cause, with or without notice, effective immediately.
You can stop using our Services at any time. If you have purchased a Subscription or Membership with recurring payment, you will need to contact us to cancel by email to [email protected].
When you decide to delete Your User Account, We will delete Your data, although this may not take place immediately.
INDEMNITY
You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable legal fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Website or Product(s), or any breach by You of these Terms. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services/Product(s) ordered.
CHANGES TO THESE TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services/Products after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
SEVERABILITY
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have in accordance with these Terms or granted by law.
APPLICABLE LAW AND JURISDICTION
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.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence.
If you are a consumer, 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, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England & Wales.
ENTIRE AGREEMENT
The Terms constitute the sole and entire agreement between You and Us regarding this Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services/Product(s)/Website.
CONTACTING US
For questions or clarifications regarding Our Terms and/or any other matters related to Our Services/Products, please contact Us at [email protected]
