These Terms of Use (“Terms”) are a contract between you and HÄLSA WELLBEING Limited (“HÄLSA WELLBEING or “we”) and govern your access to and use of any HÄLSA WELLBEING website, mobile application (such as for iPhone or Android) or content (the “Site”) or any fitness, recreational, wellness, experiences, activities, events, services, recordings, and/or products made available through HÄLSA WELLBEING.    Please read these Terms carefully before accessing and using the Site or Subscription Service.

Terms

a) Acceptance of Terms. By accessing and/or using the Site, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or Subscription Service.

b) Amendment of Terms. HÄLSA WELLBEING may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Subscription Service after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. Please also refer to HÄLSA WELLBEING’s Privacy Policy.

HÄLSA WELLBEING Subscription Service

a) The Subscription Service enables consumers to purchase membership to a wide range of wellbeing services.

b) To enjoy full access to the Wellbeing Services via our Subscription Service, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is either 3 months or 6 months in length (a “Subscription Cycle”). Your subscription automatically renews after each chosen period, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your HÄLSA WELLBEING subscription on September 1st for 3 months, your subscription will automatically renew on December 1st. You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.

d) Use of Credits. Depending on the subscription plan you choose and purchase, you may also be allotted credits to be used solely to book additional services for each Subscription Cycle.   Credits expire at the end of each Subscription Cycle, meaning that any credits you don’t use during the applicable Subscription Cycle will not roll over into future months, unless we expressly communicate otherwise.

e) Non-Subscription Purchases. HÄLSA WELLBEING may permit you to purchase certain products or classes through the Site, in addition to your subscription or without having a subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

f) Use of HÄLSA WELLBEING Subscription Service. Your Subscription account is personal to you and you agree not to create more than one account. You cannot transfer or gift this or credits to third parties or allow third parties to use your HÄLSA WELLBEING account.

You agree that the information you provide to HÄLSA WELLBEING at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site, you must have access to the Internet and may be required to download a HÄLSA WELLBEING mobile application to use some or all of HÄLSA WELLBEING features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Subscription Service.

THESE TERMS ARE APPLICABLE TO USERS IN THE UK. BY USING THE SITE, YOU REPRESENT THAT YOU ARE A UNITED KINGDOM RESIDENT, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.

g) Subscribing Organizations. If you are using or opening an account on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that HÄLSA WELLBEING is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.

a) Recurring Billing. By initiating your HÄLSA WELLBEING subscription, you authorize us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Classes, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

b) Subscription Cycle. When you sign up and purchase your HÄLSA WELLBEING Subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew in line with your chosen Subscription.

c) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the HÄLSA WELLBEING website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

d) Payment Methods. You may edit your payment method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the payment method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

e) Cancellation. Unless we communicate otherwise, and in addition to your right to cancel within 14 days of initial purchase as set out below, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the HÄLSA WELLBEING website and letting us know you would like to cancel. Unless we communicate otherwise, and except for during a Trial, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to HÄLSA WELLBEING in future months or to restrict your access in future months.

f) RIGHT TO CANCEL WITHIN 14 DAY OF INITIAL PURCHASE

You have the right to cancel your Subscription within 14 days of your initial sign-up without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us by contacting us via [email protected] or to HÄLSA WELLBEING, 7 Alexandra Road, Harrogate, HG4 2PX.

If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you unless you have requested to begin your Subscription during the cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

Refunds

Refunds will be at our discretion. Generally, our fees are non-refundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid period in the following circumstances: (i) if you are cancelling as set forth in Section i below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death.

For ALL subscription or pay monthly options on any product, first payments are NOT refundable under any circumstances, but cancellation can be requested at any time.

Deposits taken for Wellbeing Events are non-refundable and we will provide terms and conditions for each piece of work.

Termination or Modification by HÄLSA WELLBEING

You agree that HÄLSA WELLBEING, in its sole discretion and for any or no reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the Site, your Subscription Service or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site including of your subscription.

HÄLSA WELLBEING may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be affected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. HÄLSA WELLBEING shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Classes and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that HÄLSA WELLBEING will not be liable to you or any third party for any such termination. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If HÄLSA WELLBEING deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. HÄLSA WELLBEING may block your access to the Site to prevent re-registration.

Privacy

Your privacy is important to HÄLSA WELLBEING. Please read the privacy policy available on our website carefully for information relating to HÄLSA WELLBEING’s collection, use, and disclosure of your personal information.

Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of HÄLSA WELLBEING;
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
  • Share HÄLSA WELLBEING passwords with any third party or encourage any other user to do so;
  • Permit anyone to use any Subscription Services booked under your own membership, including other members;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  • Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  • Upload material (e.g., virus) that is damaging to computer systems or data of HÄLSA WELLBEING or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  • Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
  • Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Site;
  • Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  • Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

HÄLSA WELLBEING reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Intellectual Property and Use

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the designs, text, graphics, the selection and arrangement and all other material which are copyright of HÄLSA WELLBEING, except where this is stated otherwise, and may not be reproduced or distributed without our express written permission.

You may view the site and download any part of it to a personal computer for personal viewing and private purposes. You are not permitted to: store this site or any part of it or print out copies except for your own viewing or for private purposes; re-publish this site for commercial purposes or reproduce, copy or transmit it for any purpose or in any other medium; alter the content in any way.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

You are prohibited from using this website to post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or other material that would violate any law. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

This site is subject to the terms and privacy policies of WooCommerce and PayPal. This site is built using WordPress and uses WooCommerce function to take and process orders. This site’s payment processing system is run using PayPal.  WooCommerce and PayPal may have access to your information as they support this site in its authorised use of your information. Their terms and conditions and privacy policies are available on their websites.

Links to Other Web Sites

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You further acknowledge and agree that HÄLSA WELLBEING shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT HÄLSA WELLBEING WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless HÄLSA WELLBEING and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation of Liability

In no event shall HÄLSA WELLBEING, nor their directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

For in person or live online classes, take extra care when handling specialist equipment and be aware of your surroundings and potential hazards in a kitchen, especially when under the influence of alcohol. We are not liable for injuries or accidents of these sort. Please wear appropriate clothing, including covered shoes, in the kitchen.

All property which you bring to classes is brought entirely at your own risk and we cannot accept any responsibility for any loss or damage to the property of any students’ belongings, nor do we accept any liability to any student. For the duration of a class, and when you are not on the property, we do not accept responsibility for any injury which you incur. If there are damages to the venue and/or its contents the event organiser or participant will subsequently be billed.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will HÄLSA WELLBEING  ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by HÄLSA WELLBEING  or any person for whom HÄLSA WELLBEING  is responsible, and even if HÄLSA WELLBEING  has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the English courts. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. All rights not expressly granted herein are hereby reserved. These Terms and conditions of use supersede any prior or contemporaneous communications between this website or affiliates and you regarding this website and its content

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact [email protected].

Disclaimer

The information contained in this website is for general information purposes only and is subject to change without notice. The information is provided by us and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or the Service. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We have no responsibility and do not accept liability for the content of the linked website(s).

Every effort is made to keep the website up and running smoothly. However, we hold no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. We make no warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with this site. HÄLSA WELLBEING, subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.