TERMS AND CONDITIONS
Please read our terms and conditions (the “Terms”) carefully and in full. The use of this Site (see definition below), the purchase of any products or services via the Sites and/or our online booking service, the making of a booking or purchase via the Sites and/or our online booking service, email or over the telephone are all subject to the Terms and you hereby agree and confirm by continuing to use the Sites, make purchases and book Services with us that you have read the Terms, understand the importance of them and agree to be bound by them.
Please check the Terms on every purchase or booking, as they may change from time to time without notice.
The Services offered by the Smart Move IGung by Aline Tisato at any venue are supplied by her subject to the following express Terms:
INJURIES / HEALTH AND IMPORTANT WAIVER / LIMITATION LIABILITY Disclaimer
- It is your sole responsibility to check with your doctor or medical practitioner about your suitability for the Smart Move IGung by Aline Tisato´s services and to obtain their written consent where necessary prior to making a purchase. While we take care to ensure safe practise, there are inherent risks in any exercise programme and we do not accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products and/or by your failure to notify her of any existing injuries or health problems or special needs before you attend your session, class, workshop or course.
▪ Notify us by email, and prior to purchasing any Services; of pregnancy, any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Service of Smart Move IGung by Aline Tisato.
▪ Notify us by email before attending or participating in any session, class, workshop or course of any new circumstances affecting your health which may be affect your ability to participate or be exacerbated through attending or continued use the Services with the Smart Move IGung by Aline Tisato and/or which may have arisen or worsened since your last class with her (if any).
- You accept the risk of injury from performing exercises and using specialist equipment and participating in Services with her and you acknowledge and accept that any advice provided by her, at no time constitute as professional medical advice or substitution for your own professional medical advice.
- You agree and understand that following the strict instructions of the Smart Move IGung by Aline Tisato and personal sessions with Aline Tisato you take, can be held responsible for any injury arising or being made worse by your failure to do so.
IMPORTANT WAIVER AND LIABILITY STATEMENTS
- Your Waiver: By purchasing and booking Services with Aline Tisato either via our Site, online booking system, or directly with us, you accept that in consideration of being permitted to participate in our Services that on your own behalf and that of any heirs and assigns you covenant not to sue us, and waive and discharge us against all responsibility or liability for injuries, health issues, or damages, loss or death resulting from your participation in any of the Smart Move IGung Method by Aline Tisato sessions, classes, workshops or courses.
- Our Liability: Smart Move IGung by Aline Tisato excludes all responsibility and/or liability for injuries, health issues, or damages, loss or death resulting from, or exacerbated by, your participation in any of our Services.
ARRIVING ON TIME
- Please ensure you are on time for your Service being your session online or onsite as a courtesy to the practitioner.
- Note that if you are late, your session will be in the allotted time reserved and you will still be charged for the full Service. It is your sole responsibility to ensure you are on time.
BOOKING AND PAYMENT
- Aline Tisato´s online booking facility shows the availability of Services on the date and time you select. Service availability changes as and when bookings are made or cancelled by clients. It is your responsibility to ensure that you have made your booking and payment correctly. If you notify us within 24 hours of your incorrectly scheduled sessions, classes, workshops or courses, we will remain with the purchased Service for re-booking. No refunds can be given where you have incorrectly booked a Service, or made a payment.
- You can pay for your Service or Services using Stripe, credit or debit card. All prices are final and Services are non-refundable, save as detailed elsewhere in these Terms. Smart Move IGung by Aline Tisato reserve the right to change the prices without prior notice. None of your credit details are collected or stored on our server.
- The Service(s) commence from and including the date of purchase of the Service(s) and not the date of your first booking.
RIGHTS WHERE WE CANCEL YOUR BOOKING AND ALTER SCHEDULE TIMES
- Binding Contract: Once you have purchased/booked a session, classes, workshops or courses (online or onsite) with Smart Move IGung by Aline Tisato, you will receive a welcome email along with a binding contract and disclaimer. Once these are sent back with your consent, a binding contract is formed, which indicates that you have read this agreement in full and that you understand and agree to its contents.
- Notwithstanding the above, in the event of a Site error or inaccuracy, due to the practitioner unavailability, Aline Tisato reserves the right to cancel all confirmed session or classes/workshops/courses bookings up to 30 minutes prior to the scheduled service time. In the event of cancellation, whether or not in accordance with the above, her only liability to you shall be to return your session or classes/workshops/courses to another date or event. No further compensation shall be due to you.
- All Services are subject to availability. We will try to accommodate your preference, but this cannot be guaranteed. The schedule of Services is subject to change without notice, please ensure that there are a number of days and session times which fit your own schedule, as we cannot offer refunds because a particular time slot on a particular day becomes unavailable, whether on a temporary or permanent basis.
- In the event that we cancel a Service or Services that you have booked, we will contact you by e-mail or telephone and return your credit for re-booking at your convenience. It is your responsibility to ensure that you check your emails and keep your contact details up to date, as we use them for all communication between us and you, and all communication from the booking system to you. Please remember to check your spam.
- If you book into a Service to which your Service package/plan does not apply, you will be removed from that Service without notice. It is your responsibility to ensure that you have selected a Service appropriate to your plan.
HOLIDAY PERIODS / FREEZING YOUR PACKAGE / PLAN EXTENSIONS / INJURIES / SHARING PACKAGES
- All Packages/Plans – cannot be extended or frozen for free because of closure or restricted hours over Bank Holidays, or the Christmas period.
PRICES AND EXPIRY PERIODS
- All Prices – are subject to change without notice and special offers may be withdrawn at any time without notice.
- All sessions, classes, workshops or courses – are non-transferable and subject to our 24-hour cancellation policy.
- Regular sessions, classes, workshops or courses are valid for 16 weeks from and including the purchase date, unless otherwise stipulated.
- Special Offers – valid for the period of time stipulated in the offer from and including the purchase date unless otherwise stipulated in the offer. If you are unsure of the validity of sessions, classes, workshops or courses – please contact us prior to purchase.
- It is your sole responsibility to check and keep abreast of your Services expiration date. We do not remind you of these.
- Note: By adding yourself to the waiting list you grant us permission to subscribe you to email reminders & notifications. This will allow us to notify you if space becomes available.
All personal belongings are left at onsite sessions/classes/workshops/courses of the Smart Move IGung by Aline Tisato are at your sole risk and we are in no way responsible for their theft, loss or damage and you acknowledge that no claim may be brought for any loss, theft or damage to personal belongings.
We reserve the right to refuse entry.
Smart Move IGung by Aline Tisato shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes, I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
SITE USAGE / INTELLECTUAL PROPERTY RIGHTS
- You may use the Sites, our Facebook page, Youtube or Linked In and Instagram for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from our Social Media for any commercial purpose.
- The intellectual property rights in all contents of our Social Media supplied as part of the products or Services, and in the Smart Move IGung by Aline Tisato brands, trade marks and logos (“Materials”) are owned by Aline Tisato. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on our Social Media, include or create links to or from her Social Media without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. “Smart Move IGung by Aline Tisato” is a registered trade mark or application for a registered trade marks owned by Aline Tisato. Please refrain from using our brand, logos or marks without written licence.
- Please refrain from using our Social Media to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into our Social Media or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying our Social Media or any other web site or damage or destroy the Smart Move IGung by Aline Tisato reputation.
- We accept no obligation to monitor the use of our Social Media, however, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
You are referred to the important liability statement in paragraph 1 at the top of these Terms in addition to this paragraph 15. You agree to these Terms that your use of this Site and the Services are on an “as is” and “as available” basis. On that basis, except as expressly set out in these Terms, we do not enter into conditions, warranties or other terms in relation to the Site or the products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. The Site and Social Media may include links to external sites and co-branded pages. We included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, however, we are not responsible for the content of these sites and pages or for anything provided by them. Subject to the important liability statement, we are not liable for failure to comply with these Terms due to any event beyond our reasonable control, including, without limitation, the input of incorrect information by you.
YOUR PERSONAL INFORMATION
These Terms together with our booking/wait list confirmation constitute the entire agreement between the parties unless otherwise expressly agreed in writing between the parties.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with European law and the parties hereby agree to submit to the exclusive jurisdiction of the European courts.