Terms & Conditions

Emma Newham Fitness – Terms & Conditions

This Site is owned and operated by EmmaNewhamFitness.

These terms and conditions include general terms and conditions for use of this site and terms and conditions relating to the services provided by EmmaNewhamFitness on the site.

Please read these terms and conditions carefully. Your use of the site, the purchase of any products or services on this site will be subject to these terms and conditions. You now hereby agree to our terms and conditions.

Important Liability Statement

The information available on or through this site, and the services supplied via or in connection with this site do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor.

It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any services or products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any service supplied by us to you.

You, your legal representatives and your heirs release waive, discharge and covenant, not to sue EmmaNewhamFitness and its instructors for any injury or death caused by their negligence or other acts.

Warranties

EmmaNewhamFitness warrants that the products and services will be supplied with reasonable skill and care.

Statutory Rights and Refunds and Cancellation

Courses are non-transferrable to any other person and must not be used by anyone other than the registered client. Any assignment, transfer or disposal of courses is at the sole discretion of the director and may only be permitted in exceptional circumstances. Course fees are non refundable.

Course fees may be increased by EmmaNewhamFitness at any time.

Individual courses have a time limit and expiry date attached to them from the date of purchase.  This information is available online before purchase.  No extension to the time limit to view online material is allowed and all learning must be completed before the expiry date.

There are no refunds available for any online course.

The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer.

Pricing

Information displayed on the site as to pricing and availability is subject to change by EmmaNewhamFitness without notice.

Security

EmmaNewhamFitness takes all reasonable steps to protect your personal information, however we cannot guarantee the security of any information you disclose online. By using the EmmaNewhamFitness website you accept the inherent security implications of dealing online and will not hold EmmaNewhamFitness responsible for any breach of security unless such breach has been caused by EmmaNewhamFitness negligence.

We may change this policy from time to time by updating this page.

Using our site

You agree to use our site in accordance with these terms and conditions, only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone’s use and enjoyment of the site. If you do not comply with these terms, we may deny you access to our site.

If you wish to make a course booking, you should follow the instructions for making a booking that appear on the site. Any booking will be subject to your agreement to further terms and conditions in respect of that booking. We will notify you of the relevant terms and conditions, which you will have to accept to complete your booking. You may print content from our site only for your private, personal and non-commercial use. We do not guarantee or warrant that any material available for downloading is free from infection, viruses, trojans and/or other contaminating codes. You agree to use the enquiry and booking forms on our site to make only genuine enquiries and/or bookings for you or for other persons for whom you are authorised to act.

You will not use the site to send by e-card, email, post or otherwise transmit any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane.

You agree not to reproduce, distribute, modify or re-post our content on another site, frame or mirror our site or link to our site without our prior written consent.

You grant to us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use (including but not limited to publishing, exploiting and modifying) any material you email, post or submit to us. For the avoidance of doubt, we will be free to use any ideas, concepts, know-how, content, text or images contained in your communications with us for any purpose whatsoever, to the fullest extent permitted by law. We try to update our site regularly, so we may have to suspend access, service or functionality from time to time, without notice. If required, we may have to close our site indefinitely. We will not be liable if, for any reason, our site is unavailable at any time or for any period of time. As information or data transmitted to or from our site passes over public telecommunications networks, we can’t promise that the operation of our site will be secure, confidential, uninterrupted or error-free. You agree not to do anything that does or may interfere with the proper working of the site including but not limited to tampering with, or hacking into, the site or the servers on which it resides.

Our site may have some sections accessible only by a user identification code and/or password. From time to time, we may restrict access to those sections, or to the entire site, to users who have registered with us. If you choose, or you are provided with, a password, you must treat such information as confidential and only use it yourself. We may disable or suspend your access or any pass code, whether chosen by you or allocated by us, at any time in our sole discretion. Our issuing of pass codes is not a promise of continued use or access to the site or any data you might store on it. The information contained on this website is for general information purposes only and is not intended to be comprehensive or to constitute professional medical advice. The information should not be relied on or treated as a substitute for specific medical or heath advice. EmmaNewhamFitness accepts no responsibility for loss which may arise from accessing or reliance on information contained on this website. Parts of the website link to external internet sites, and other external internet sites may link to this website. EmmaNewhamFitness is not responsible for the content of any external internet sites.

Purchase of Goods on the EmmaNewhamFitness Website

Availability and delivery

Your order for Products will be fulfilled by the date set out in the Confirmation Notice or, if no delivery date is specified, then within 30 days of the date of the Confirmation Notice, unless there are exceptional circumstances.

We dispatch all Products by Royal Mail normal delivery.

Risk and Title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

Price and Payment

The price of any Products or Services shall be as set out on our Site from time to time, except in cases of obvious error. We reserve the right to vary the prices in accordance with these terms and conditions, but changes will not affect orders in respect of which we have already sent you a Confirmation Notice. These prices include VAT but exclude delivery costs (if applicable), which will be added to the total amount due at the ‘checkout’ stage of your order.

Payment for all Products and Services must be by credit or debit card through PayPal. You must provide current, complete and accurate payment information.

Returns of Manuals and DVD’s bought from the Online Store

If after 7 working days and within 30 days of the date of delivery, you’re not entirely happy with your purchase, you can return it for exchange or refund. This excludes delivery charges. Please send an email to emma@mybodystudios.co.uk, stating the product you wish to return, the date you bought it and, if you would like to exchange, your preferred replacement product. We can advise you on a suitable replacement, if you wish. Once we have all of your details on our system, you will be issued with a returns number. This helps us to deal with your return more quickly, as we know what it is and who sent it, when it arrives at our premises.

Please mark the outside of your packing box with the return number, but DO NOT write on the actual product itself. Please package the products well, as we cannot be held responsible for damage caused by mishandling. Once we have your goods, we will either ship you the replacement, or refund your card.

If the goods that you return have been opened and used, we will make a partial refund. If the goods are sealed and unused, we will refund in full.

This does not affect your statutory rights.

Your rights to return goods are protected under the EU Distance Selling Directive,

Faulty Goods

If you return goods to us as faulty, we will test them. If they are found to be faulty, we will refund you in full. If you return discs to us, we will test three discs from the pack, in three different drives. If we find them to be without fault, we will make a partial refund to you. This amount will reflect how much we can sell the opened pack of discs for. If you prefer, we can return the media to you, but you must pay for the cost of the delivery.

Returns Description of Goods, Warranty and Liability

EmmaNewhamFitness warrant that any product sold by us will, at the time of delivery, meet the manufacturers latest specification of the goods listed by product title on the website, due to the technical nature of the products we sell, specifications can change rapidly and are always subject to change without notice from the manufacturer. This is especially the case with, but in no way limited to, Lead-In Info on optical media products. Any text or images other than the product title are for illustrative purposes only.

While every effort is made to ensure that this information, and all other product information and specifications, is up to date and correct, it is often not practical or possible to publish correct specifications and the most up to date imagery. For the latest product specifications you should contact the relevant manufacturer.

Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer’s purpose.

Liability

In the event that you have any right, claim or action against any other user arising from that user’s use of the EmmaNewhamFitness website, you agree to pursue such right, claim or action independently of and without recourse to us, and you release EmmaNewhamFitness (and our directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

General

EmmaNewhamFitness may change these terms and conditions from time to time. By browsing the site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

Enquiries or Complaints

If you have any enquiries or complaints email emma@mybodystudios.co.uk