website terms & conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Introductory offer validity: The 'Introductory Free Group Class' and 'Intro Offer PT' are for new clients only and are only redeemable one per person between September 1st 2021 and October 31st 2021 subject to availabilty. Offer may be withdrawn at any time. 

What's in these terms?

These terms tell you the rules for using our website www.barreset.com (our site).

Who we are and how to contact us

www.barreset.com is a site operated by TS STUDIO LTD ("We"). We are registered in England and Wales under company number 10369207 and have our registered office at 269 Farnborough Road, Farnborough, UK GU14 7LY.

We are a limited company.  To contact us, please email katie@barreset.com or telephone our customer service team on 01865 819060.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

·      Our Privacy Policy [https://www.barreset.com/privacy-policy]. 

·      Our Acceptable Use Policy [https://www.barreset.com/acceptable-terms-of-use]  which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

·      Our Cookie Policy [https://www.barreset.com/cookie-policy], which sets out information about the cookies on our site.

If you purchase Services from our site, our Terms and conditions of sale [https://www.barreset.com/copy-of-website-terms-of-use] will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our Services. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your Account details safe

Certain parts of our site (including the ability to purchase Services from us) will require You to create an Account.  You may not create an Account if you are under sixteen (16) years of age. If you are under sixteen (16) years of age and wish to use the parts of our site that require an Account, your parent or guardian should create the Account for you and you must then only use the Account with their supervision. 

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.

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else unless, that person is your parent or guardian. If you believe your Account is being used without your permission, please contact us immediately at katie@barreset.com . We will not be liable for any unauthorised use of your Account.

Any personal information provided in your Account will be collected, used, and held in accordance with your rights as set out in our Privacy Policy. 

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your log in information. Closing your Account will also remove access to any areas of our site requiring an Account for access.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or our Acceptable Use Policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at katie@barreset.com

If you close your Account, any reviews, comments and forum postings etc. you have created on our site will be deleted.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User Content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

User Content on our site includes (but is not necessarily limited to) event listings and descriptions, reviews of events, comments and reader forums.  An Account is required if you wish to submit User Content.  You agree that you will be solely responsible for your User Content. Specifically, you agree, legally assure us and promise that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Use Policy.

You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify s for any breach of this clause for all losses suffered by us resulting from your User Content. 

You (and that includes anyone who has permitted you to include content owned by them) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting our site. In addition, you also grant Other Users the right to copy and quote your User Content within our site.

If you wish to remove User Content from our site, the User Content in question will be anonymised by removing your user name and any avatar you have applied to it. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

We may reject, reclassify, or remove any User Content from our site where, in our sole opinion, it violates our Acceptable Use Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on katie@barreset.com

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

·      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

·      Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Services to you, which will be set out in our Terms and conditions of sale. 

If you are a business user:

·      We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

·      We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·       use of, or inability to use, our site; or

·       use of or reliance on any content displayed on our site.

·      In particular, we will not be liable for:

·       loss of profits, sales, business, or revenue;

·       business interruption;

·       loss of anticipated savings;

·       loss of business opportunity, goodwill or reputation; or

·       any indirect or consequential loss or damage.

If you are a consumer user:

·      Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

·      If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload, see below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. 

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

·      a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service;

·      a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site. 

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and complies with the terms of Our Acceptable Use Policy.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice and particular, where content violates our Acceptable Use Policy. 

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact katie@barreset.com

 

Disclaimer:- Physical exercise can be strenuous and subject to risk of serious injury. We strongly recommend that you seek medical advice before undertaking any of the following:

(a) exercise program

(b) strenuous physical activity

(c) changes to your diet

(d) enhancement medication or food supplements.

You agree that by participating in physical exercise, diet or training activities recommended or provided by us, you do so at your own risk.

Any advice or information provided by us is for informational purposes only and should not replace the advice of your doctor. Fitness and nutritional advice is subject to constantly evolving knowledge in relation to health, nutritional and sports science. Although We base our Services and any nutritional tips (if relevant) on current studies and knowledge, We do not guarantee that these reflect the most up to date research findings.

By purchasing the Services you confirm that:

(i) you are physically able to undertake an exercise program with us and that none of the medical conditions set out in clause (iii) below apply to you; or

(ii) if one of the medical conditions set out in clause (iii) does apply to you or you have knowledge of any pre-existing medical conditions, that you have sought medical advice and a medical practitioner has confirmed that you are physically able to undertake such a class.  

(iii) The medical conditions referred to above are as follows:

·      a doctor or medical professional has ever diagnosed you with a heart condition and indicated that you should restrict your physical activity;

·      when performing physical activity you frequently feel pain in your heart and/or chest;

·      in the past month, when you are not engaging in physical activity, you have experienced heart and/or chest pain;

·      you ever faint or get dizzy and lose your balance;

·      you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in physical activity;

·      you have high blood pressure and/or a heart condition in which a doctor or medical profession is currently prescribing medication;

·      you are pregnant or think you may be pregnant;

·      you have insulin dependent diabetes;

·      you are over age of 65 and not accustomed to vigorous exercise; or

·      you know of any other reason why exercise or increasing your physical activity may adversely affect your health.

We cannot determine any existing condition that may hamper your ability in respect of the  Services and therefore you are responsible for your own wellbeing in this regard and We accept no liability whatsoever.    

 

 

Your rights to end the contract

You can always end your contract with us.  Your rights when you end the contract will depend on what you have bought, how we are performing and when you decide to end the contract:

(a)        If you want to end the contract because of something we have done or have told you we are going to do, see (A);

(b)        If you have just changed your mind about the service, see (B). You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(c)        In all other cases (if we are not at fault and there is no right to change your mind), see (C).

(A)   Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:

(d)        we have told you about an upcoming change to the Services or these terms which you do not agree to;

(e)        we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;

(f)         there is a risk that supply of the Services may be significantly delayed because of events outside our control;

(g)        we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(h)        you have a legal right to end the contract because of something we have done wrong.

(B) Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund.  

When you don't have the right to change your mind.  You do not have a right to change your mind in respect of:

(i)         digital products after you have started to download or stream these;

(j)         services, once these have been completed, even if the cancellation period is still running;

(k)        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

(l)         sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and

(m)      any products which become mixed inseparably with other items after their delivery.

(C) Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until [1 calendar month] after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

 

 

 

Definitions

Account: means an account required for a User to access and/or use certain areas of our site.

Content: means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our site.

Services: classes or workshops of any other service described on our site.

User: means a user of our site.

User Content: means any content submitted to our site by Users including, but not limited to product reviews, comments, forum posts etc.