Terms & Conditions
Acceptance of These Terms
These terms of use for strongpilates.co.uk and the Strong Pilates mobile application (together, the “Platform”) constitute a legal agreement between you (the “User”, “you” or “your”) and Strong Pilates Franchising UK Limited, a company registered in England and Wales (company number 16140200), whose registered office is at C/O Stevens & Bolton LLP, Wey House, Farnham Road, Guildford, Surrey, GU1 4YD (“Strong”, “we”, “us” or “our”).
The following terms, together with:
- (a) the Hapana privacy policy (“Hapana Privacy Policy”) found at www.hapana.com/privacy-policy, which applies to your use of the online booking system on the Platform;
- (b) the membership terms (“Membership Terms”), which apply to your purchase of any Strong products or membership and your use of any Strong services, including your booking and attendance at any Strong class; and
- (c) our Privacy Notice, which applies to the collection, use and disclosure of your personal information by Strong,
(together, these “Terms”), govern your access to and use of the Platform, including all content, functionality and services offered on or through it.
Strong operates a franchise network of independently owned and operated businesses (each, a “Strong Franchisee”). These Terms apply only to your use of our Platform and do not apply to your interactions with any Strong Franchisee. Any services utilised at or purchased from a Strong Franchisee are also subject to that franchisee’s own rules, policies and terms of service. Please contact your Strong Franchisee for more information.
By using our Platform, you confirm that you have read and understood these Terms, including our Privacy Notice, that you are of legal age of majority in your jurisdiction of residence to form a binding contract with Strong (or have obtained your parent or legal guardian’s permission to accept these Terms), and that you agree to be bound by and comply with them. If you do not agree to these Terms or our Privacy Notice, you must not access or use the Platform or any services it offers.
Changes to These Terms
We may revise and update these Terms from time to time. We will provide notice of any material change through a prominent notice on our Platform or by another appropriate means as required by applicable law. Changes are effective immediately upon notice and apply to all subsequent access to and use of the Platform. You are responsible for reviewing these Terms periodically. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms.
The information and material on the Platform may be changed, withdrawn or removed at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.
Privacy
By using our Platform and submitting personal information, your data will be collected, used and disclosed in accordance with our Privacy Notice, which is incorporated into these Terms. Our Privacy Notice sets out information about what data we collect, how we use it, the lawful bases we rely on, your rights and how to exercise them.
Your User Account and Access
The Platform includes services available to registered users, including the ability to make class bookings. To access certain services, content or areas of the Platform, you may be required to register as a user. All information you provide on the Platform must be correct, current and complete.
Any username, password or other security information must be treated as confidential and must not be disclosed to any other person or entity. You must exercise caution when accessing your account from a public or shared computer. Your account is personal to you and you must not provide any other person with access to the Platform using your credentials. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You are responsible for logging out at the end of each session and for any misuse of your account.
You may suspend your account at any time provided you have no current orders. We may retain your profile information for our records in accordance with our Privacy Notice.
You are responsible for all mobile, internet service provider or other charges incurred in accessing the Platform and using the services it offers.
Online Purchases
Our Platform allows you to purchase products from your Strong Franchisee, including membership and class packages. All orders, purchases and transactions are subject to the Membership Terms and our Privacy Notice. Purchases may also be subject to additional terms set by Strong Franchisees. Please contact your Strong Franchisee for more information.
Refunds
The availability of refunds is determined by the Strong Franchisee from which you purchased products and/or services, in their sole discretion. Please contact your Strong Franchisee with any refund enquiries. Nothing in these Terms affects your statutory rights under applicable English law, including your rights under the Consumer Rights Act 2015.
Promotions and Discounts
We may offer promotions, discounts, coupon codes and/or other offers that provide a benefit to you when entered at checkout (together, “Promotions”). Promotions cannot be applied to prior or completed transactions and must be provided at the time of purchase. Promotions cannot be combined with other offers. Promotions may be discontinued or voided at any time. Expired or discontinued Promotions may not be used, even if they remain visible on the Platform. Promotions may be subject to additional terms and conditions, which will be made available to you before you participate.
Intellectual Property
The Platform and its entire contents, features and functionality, including all information, software, code, data, text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection and arrangement, are owned by Strong, its licensors or other providers of such material and are protected by intellectual property laws, including copyright, trade mark, patent and trade secret law.
Content on the Platform is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, sold, licensed or otherwise exploited for any other purpose without the prior written consent of Strong.
“STRONG Pilates”, “STRONG”, “Rowformer”, “Down For More”, the STRONG Pilates logo and all related names, logos, product and service names, designs, images and slogans are trade marks of Strong in the United Kingdom, Australia, New Zealand and/or other countries. You must not use such marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans appearing on the Platform are the trade marks of their respective owners.
You may only use the Platform for your personal and non-commercial use. Any use not expressly permitted by these Terms is a breach of these Terms and may infringe copyright, trade mark and other intellectual property rights.
User Feedback
We welcome feedback from our users. If you submit feedback to us, you agree that we may use it without restriction or compensation to you. Any feedback you provide must be accurate and must not contain offensive, defamatory or inappropriate language or content. You grant us a perpetual, irrevocable, royalty-free licence to use any content you upload or submit to our Platform, including for the promotion of our services and to make available to other users of the Platform.
Conditions of Use and Site Content Standards
The following content standards apply to any and all content, material and information you submit to the Platform. You warrant and agree that your use of the Platform shall not:
- (a) violate any applicable law or regulation, including laws regarding the export of data or software, patent, trade mark, trade secret, copyright or other intellectual property or legal rights, or give rise to any civil or criminal liability;
- (b) violate the terms of use of any third-party website linked to the Platform, including any third-party social media website;
- (c) include or contain any material that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, discriminatory or otherwise objectionable, as determined in our sole discretion;
- (d) involve, provide or contribute any false, inaccurate or misleading information;
- (e) involve sending, uploading, downloading, using or reusing any material that does not comply with these content standards;
- (f) impersonate or attempt to impersonate Strong, a Strong employee, another user or any other person or entity; or
- (g) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which may harm Strong or users of the Platform or expose them to liability.
Termination or Suspension of User Account
You agree to use the Platform only for lawful purposes and in accordance with these Terms. Users are prohibited from attempting to circumvent or violate the security of the Platform.
We reserve the right to decline your access to the Platform, including by disabling, suspending or terminating your account, at any time and for any reason, including any violation of these Terms.
We also reserve the right, without notice, to take appropriate legal action, including referral to law enforcement or regulatory authorities, or notifying any harmed party of any illegal or unauthorised use of the Platform.
You waive and hold harmless Strong and its related entities, franchisees, affiliates and their respective directors, officers, employees, agents, service providers, contractors, suppliers and successors from any and all claims resulting from any action taken by Strong and any of the foregoing parties relating to any investigation by either Strong or such parties or by law enforcement authorities.
No Reliance
Content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to keep the information on our Platform up to date, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or current.
The Platform may include content provided by third parties, including other users. All statements and opinions expressed in such third-party content are solely the responsibility of the person or entity providing them. Neither Strong nor its related entities, franchisees or their respective directors, officers, employees, agents, service providers, contractors, suppliers or successors have any responsibility or liability for the content or accuracy of any third-party materials.
Third-Party Websites and Links
The Platform may provide links to third-party websites or mobile applications for your convenience. We make no representations about any other websites accessible from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may not create a link to any part of our Platform other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice.
Geographic Restrictions
Strong Pilates Franchising UK Limited is incorporated in England and Wales and is subject to English law. This Platform is intended for use by persons located in the United Kingdom. If you access the Platform from outside the United Kingdom, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.
Disclaimer of Warranties
Your use of the Platform, its content and any services found or obtained through the Platform is at your own risk. The Platform, its content and any such services are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Nothing in these Terms excludes or limits any warranty or liability that cannot lawfully be excluded or limited under applicable law, including the Consumer Rights Act 2015.
Limitation of Liability
To the extent permitted by law, Strong and its related entities, franchisees and their respective directors, officers, employees, agents, service providers, contractors, suppliers and successors will not be liable for any damages of any kind arising out of or in connection with your use of, or inability to use, or reliance on, the Platform or any linked websites. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Strong, its related entities, franchisees and their respective directors, officers, employees, agents, service providers, contractors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms, your use of the Platform and/or your violation of any law or the rights of any third party.
Mobile Services and Electronic Communications
The Platform includes certain services available via your mobile device. You are responsible for all charges incurred in connecting to the Platform. By using the Platform, you agree that we may send you emails, SMS text messages and/or push notifications relating to your account registration, bookings and transactions you undertake on the Platform. We may also communicate with you for marketing and advertising purposes in accordance with our Privacy Notice and as permitted by applicable law. You may opt in to or opt out of these communications by changing your settings in the Platform.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales. Any dispute arising out of or relating to the Platform or these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver of that right, remedy, power or privilege.
Severability
If any term or provision of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
These Terms, together with our Privacy Notice, the Membership Terms and the Hapana Privacy Policy, constitute the entire agreement between you and Strong regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties regarding such subject matter.
Contact
Any questions or concerns about the Platform or the services provided through it can be directed to us at:
Strong Pilates Franchising UK Limited
C/O Stevens & Bolton LLP
Wey House, Farnham Road
Guildford, Surrey
GU1 4YD
United Kingdom
Email: support@strongpilates.co.uk
Company number: 16140200
VAT number: GB486706059
ICO registration number: ZC182561