TERMS & CONDITIONS
Business address: EquiMotion HQ, Valley Farm, Dunston Heath, ST18 9FB
EquiMotion (and EquiMotion Logo) is a Registered Trademark
Phone: 07891 051974
In the context of these terms and conditions, the following words shall have the following meanings:
”Client” means any person that has completed and submitted the registration form via the Book Now link at www.equimotion.co.uk or in person at EquiMotion HQ and which registration has been accepted by EquiMotion or who has attended an EquiMotion session.
"Website" means any website under the ownership or control of EquiMotion from which a link has been created to these terms and conditions. "Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website. "User" means the individual, firm, company or organisation accessing this website or making a booking.
”Facilities” means any one of the EquiMotion rooms and any other facilities used by EquiMotion or at EquiMotion HQ, Valley Farm, Dunston Heath, ST18 9FB. ”Terms and Conditions” means these Terms and Conditions.
References in the Terms and Conditions to the singular will include the plural and vice versa and references to the masculine gender will include references to the feminine gender.
2. APPLICABLE TERMS AND CONDITIONS
This website is owned and operated by EquiMotion and any use made of this site (including registrations and bookings or purchases made via the Website), are subject to these terms and conditions. EquiMotion may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page. By accessing or using the Website or our service, you approve that you have read, understood, and agree to be bound by these Terms.
3. USE OF THE WEBSITE
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 It is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 Any links created to the Website are notified to and approved by EquiMotion before they are created.
3.3 No part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of EquiMotion.
4. COPYRIGHT AND TRADE MARKS
4.1 Copyright in the Material is owned by EquiMotion or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of EquiMotion or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of EquiMotion and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of EquiMotion and may not be used without the prior consent of EquiMotion.
4.3 All works in the nature of databases attract database rights.
The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, EquiMotion does not accept any liability to any person relating to the use of any such information.
Whilst EquiMotion has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
6. TARGET AUDIENCE
The Website is intended for use by UK residents and only in relation to their activities within the UK. It may be dangerous to apply any of the information on the Website to activities outside the UK.
The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes.
EquiMotion does not represent or warrant that the information accessible via the Website is accurate, complete or correct. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
7. WARRANTY AND INDEMNITY
The User warrants to EquiMotion that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify EquiMotion, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against EquiMotion, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
8. LIMITATION OF LIABILITY
EquiMotion hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchant ability and fitness for a particular purpose). In no event shall EquiMotion be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if EquiMotion has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
In consideration of the Client’s participation in the activities and programmes of EquiMotion and the use of facilities and equipment owned and/or under the control of EquiMotion the Client hereby waives and releases EquiMotion from any and all responsibility or liability for injuries or damages resulting from his participation in any EquiMotion activity or use of EquiMotion equipment or Facilities save in respect of death or personal injury caused by the negligent act or omission of EquiMotion or its employees.
9. RETENTION OF RIGHT TO CHANGE OFFERING
EquiMotion may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. EquiMotion also reserves the right to vary the prices of any goods or services listed without notice. All bookings are subject to availability and EquiMotion reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
10. RIGHT TO SUSPEND OR CANCEL USER ACCOUNT
Acceptance of a person as a Client is at the absolute discretion of EquiMotion. EquiMotion reserves the right to expel clients from the Facilities or permanently or temporarily terminate or suspend Client’s access to the service without notice and liability for any reason, including if a Client’s conduct is or may, in EquiMotion’s reasonable opinion, be injurious to the character of EquiMotion or its employees, or where such expulsion is otherwise in the interests of the other Clients, or if in EquiMotion’s sole determination a Client violates any provision of these Terms or any applicable law or regulations. Any Client so expelled will forthwith cease to be a Client of EquiMotion and will not be entitled to any refund for any unused sessions. Clients may discontinue use and request to cancel their account and/or any services at any time.
11. BOOKINGS AND CANCELLATIONS
Clients must be 10 or over to participate in EquiMotion activities. A parent or guardian will be required to be present at all times for any Clients under the age of 18 at EquiMotion’s discretion. A Client may not attend any session without first booking and paying for the relevant session. Sessions are booked on a first-come first-served basis. Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions. Reservations for sessions can be cancelled online for no charge up to 48 hours prior to the beginning of the session. Failing to cancel in time or failing to turn up will result in the session being charged as if it had been taken. It is the Client’s responsibility to ensure that they arrive for their session on time. Sessions cannot be extended beyond their originally scheduled end time due to late arrivals.
Multi-session bookings will be subject to expiration dates. These will be stipulated at the point of purchase. No refunds or extensions will be issued for any unused sessions following the expiration date.
12. FITNESS AND HEALTH
The information available on or through this Website, and the Services supplied via or in connection with this Website or at the Facilities do not constitute medical advice and it is the Client’s responsibility to determine, through obtaining appropriate medical advice, that he is fit and well and that such activities undertaken with EquiMotion are suitable for him. It is not the EquiMotion’s responsibility to do so. It is vital that the Client supplies EquiMotion with correct information about himself. EquiMotion cannot be held liable for any incorrect information supplied by the Client. By agreeing to these Terms and Conditions Clients hereby confirm that they have no health problems which may adversely affect their participation in any EquiMotion session. It is a Client’s sole responsibility to notify EquiMotion before attending any session of any circumstances affecting the Client’s health which may be exacerbated through continued use of the Facilities and/or which may have arisen or worsened since the Client’s last session at the Facilities (if any). Clients with unmanaged low/high blood pressure and/or cardiac irregularities should not attend class. EquiMotion reserves the right to refuse access to any Client if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of the Facilities. Clients are required to follow the instructions of the instructor at all times. Advice provided by EquiMotion’s instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
13. PERSONAL BELONGINGS
Personal belongings are brought onto EquiMotion’s premises at the Client’s own risk and EquiMotion does not accept liability for any loss or damage whatsoever to such items.
14. THIRD PARTY WEBSITES
The Website contains links to websites operated by parties other than EquiMotion. Such links are provided for the User’s convenience only. EquiMotion does not control such websites, and is not responsible for their content. EquiMotion's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
15. PRIVACY AND DATA PROTECTION
16. GOOGLE ANALYTICS
Some of our Websites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
Whilst EquiMotion makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
Although the Website uses encryption security software in areas where online payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by EquiMotion or its agents.
19. FORCE MAJEURE
EquiMotion shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
20.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
20.2 These terms and conditions constitute the entire agreement between EquiMotion and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and EquiMotion.
20.3 Any failure of EquiMotion to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
Reviewed: July 2020