SUBSCRIPTION TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we will supply to you online subscription to events (Products) listed on our website www.portobellobh.com (our site) via one of our subscription services (Services). You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
By placing an order through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After completing signup, you will receive an e-mail confirming your account set up. This e-mail that confirms that your subscription has been accepted is the Welcome Email. The contract between us (Contract) will only be formed when we send you the Welcome Email.
2.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Portobello Behavioural Health may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Portobello Behavioural Health reasonably could act. To terminate your authorisation or change your payment method, log into your account and manage your automatic subscription payment to us under the subscription setting.
2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid being charged the following month’s subscription fee. Customers cancelling after their payment has been taken will be subscribed until the end of that month. If your payment has been cancelled before the 7 day period this may result in being charged for the following months’ subscription.
2.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
2.6 Access to the closed Events pages is limited to current subscribers only. Once you have cancelled your subscription you will seize to have access to those pages once the month’s subscription ends. You will continue to be able to access your account, unless you choose to also request the deletion of your account.
2.7 Portobello Behavioural Health reserve the right to monitor and remove any persons acting outside of the house rules of the services we offer. This decisions will be made at our absolute discretion and will not be entered into further discussion.
2.8 Portobello Behavioural Health expects all participants in events to respect other people taking part, to refrain from actions which may be considered abusive, discriminatory or offensive. Breaches of these terms will lead to the immediate cancellation of your subscription. This form of breach forfeits any time left in your monthly subscription.
2.9 Portobello Behavioural Health expects all participants to respect other participants’ anonymity. Breaches of anonymity will lead to the cancellation of your subscription. Breaches of these terms will lead to the immediate cancellation of your subscription. This form of breach forfeits any time left in your monthly subscription.
2.10 You have the right to appeal a decision to have your subscription cancelled. This must be done in writing to firstname.lastname@example.org
- CONSUMER RIGHTS
3.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received access to the service. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
3.2 To cancel a Contract, you must logon to your and select to cancel your Subscription with Portobello Behavioural Health.
- AVAILABILITY AND SERVICE
4.1 Portobello Behavioural Health will do it its utmost to deliver the services advertised on the dates and times listed. There may be occasion when we are unable to do this due to circumstances beyond our control. We will not provide subscription refunds for classes which have had to be cancelled for reasons which we could not reasonably anticipate. If we are unable to provide more than 50% of the listed services in any one month period a full refund will be given to all subscribers.
4.2 Portobello Behavioural Health reserves the right to alter its event schedule and facilitators from time to time. When we make changes this will be communicated to you by email and you retain the right to cancel at any time should those changes not be acceptable to you.
- RISK AND TITLE
5.1 We will do our utmost to deliver our events in a safe sensitive way, however, all events, classes and services provided will be undertaken at your risk. You should consult a doctor before undertaking any new physical activity. It is your responsibility to inform Portobello Behavioural Health and the class facilitators about any injury or condition you may have which could affect your ability to undertake a class.
5.2 Portobello Behavioural Health retains ownership of all class and session content. Any recording of sessions is strictly prohibited and will be considered a breach of these terms.
- PRICE AND PAYMENT
6.1 The price of the service is as listed on the website at the time you sign up. Prices may vary over time as will the availability of discounts and coupons
6.2 Service prices include VAT.
6.3 Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Welcome Email.
6.4 Payment for all Services are processed via Stripe. We also accept all major debit and credit cards via Stripe.
- OUR REFUNDS POLICY
7.1 If you cancel a subscription:
7.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full.
7.1.2 For any other reason (for instance, because you have notified us in accordance with clause 4.2 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Service is defective), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that any service we provide has been properly assessed as being suitable for public use in accordance with our guidelines.
- OUR LIABILITY
9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the subscription.
9.2 Nothing in this agreement excludes or limits our liability for:
9.2.1 Death or personal injury caused by our negligence;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
9.2.4 Defective products under the Consumer Protection Act 1987; or
9.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Portobello Behavioural Health at email@example.com. We may give notice to you at either the email or postal address you provide to us when signing up to a Subscription, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
13.3 If you post comments on Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions.
- EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action;
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 Impossibility of the use of public or private telecommunications networks; and
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
18.1 You will be subject to the policies and terms and conditions in force at the time that you subscribe to Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Services).
- LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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