WEBSITE TERMS & CONDITIONS

This website is owned by Amy Lamont Fitness ("I", "my", or "me").
 

When you visit this website, or when I provide my services to you, you agree to be bound by the following terms and conditions.

 
1.   Definitions


‘Content’ means the text, images and photographs that are encountered as part of your experience visiting this website, any other webpages that I control, including my social media pages, and any other electronic publication that I make available, including newsletters.


‘Intellectual Property’ means intellectual property owned by me, of every sort, including Content, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today, together with all rights which are derived from those rights.


‘Services’ means one or more fitness classes, whether delivered in person or at distance.


2.   Basis of Contract


2.1.  In entering into this contract you have not relied on any representation or information from any source except my explanation of the Services on this website.


2.2.  You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;


2.3.  The contract between us comes into existence only when I write to you to confirm the time and date of the Services. Your payment does not create a contract.


2.4.  If I decline to provide my Services to you, then I shall refund you.


3.   Reserving a class


3.1.  I reserve the right to terminate your reservation and retain any money paid if I reasonably believe that you are in full or part breach of this agreement.


3.2.  You may make reserve a place in a fitness class on someone else's behalf. You are responsible for ensuring that any client for whom you are reserving complies with these terms as if that client had made the reservation.


4.   Payments


4.1.  Card payments are not processed by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.


4.2.  Prices are per class.


4.3.  The price you pay is the price shown in your cart when you go to pay.


5.   Cancellation and relocation


5.1.  You may cancel a reservation for a class within 24 hours of the start of the class.


5.2.  If you cancel within the period specified above, you may transfer your reservation to another time and date. If you cancel later, you are not entitled to any refund. I may, in my absolute discretion, refund part of any money you have paid.


5.3.  The confirmation of cancellation that I send to you is your proof of cancellation and should be retained by you.


6.   Release of liability for fitness classes


You now agree:


6.1.   to take all precautions to ensure the safety of all participants of a fitness class in which your participate;


6.2.  that you acknowledge that fitness activities can be strenuous and at times, dangerous and that you will rely upon your own judgement in deciding whether to participate in any fitness class or exercise;


6.3.  you will not hold Amy Lamont Fitness or any employee or contractor of that business liable for any pre-existing injuries or medical condition which may be exacerbated if you participate in any fitness class; and


6.4.  you will not hold Amy Lamont Fitness or any employee or contractor of that business liable for any injury, loss or damage which may be sustained as a result of participating in a fitness class.


6.5.  You agree to waive, release and discharge Amy Lamont Fitness, and its staff, agents, subcontractors and representatives of all liability, claims, damage, costs or expenses which you may have against them arising out of or in connection with my participation in any fitness class.


6.1.  This release extends to all claims of any kind whatsoever, foreseen or unforeseen, known or unknown.


7.   Use of Intellectual Property


You agree that at all times you will:

 

  1. not do anything which does or might reduce the value of my Intellectual Property or challenge my ownership of it; and

  2. notify me of any suspected infringement of my Intellectual Property;

  3. and without my express permission you agree:

  4. so far as concerns Content made accessible by me to you, copy or make any change to it or any part of it; or use it in any way in which it is not intended to be used; and

  5. not to use my Intellectual Property except directly in my interest.


8.   Disclaimers and limitation of liability


8.1.  The law differs from one country to another. This paragraph applies so far as the applicable law allows.


8.2.  All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.


8.3.  You are advised that Content may include technical inaccuracies or typographical errors. I would be grateful if you bring any that you find to my immediate attention.


8.4.  Content may contain links to others over which I have neither power nor control. You acknowledge and agree that I shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website nor from your buying services or goods from such a website.


8.5.  This website is provided ‘as is’. I make no representation or warranty that it will be: useful to you; of satisfactory quality; fit for a particular purpose; or available or accessible, without interruption, or without error.


8.6.  I disclaim any obligation or liability to you arising directly or indirectly from any Content.


8.7.  You agree that in any circumstances when I may become liable to you, the limit of my liability is the amount you have paid me for a fitness class.


8.8.  I shall not be liable to you for any loss or expense that is an indirect or consequential loss; or an economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or I knew you might incur it.


9.   Miscellaneous matters


9.1.   If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.


9.2.  No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.


9.3.  The validity, construction and performance of this agreement shall be governed by the laws of Ireland and
you agree that any dispute arising from it shall be litigated only in that country.

 

PRIVACY NOTICE

This is the privacy notice of Amy Lamont Fitness ("I", "my", or "me").


If you have any concerns about this notice or your privacy please tell me. You can contact me through this website.


Introduction


This notice tells you what personal information I process, your privacy rights and how the law protects you.
 

In the context of the law and this notice, ‘personal information’ is information that clearly identifies you as an individual or which, if combined with other information, could be used to identify you. Acting in any way on personal information, including collecting, using, changing and storing is referred to as ‘processing’.
 

This policy complies with the Data Protection Act 2018 (the Act) accordingly incorporating the EU General Data
Protection Regulation (GDPR).

 
1.  Types of information processed

 

I process different kinds of personal information about you. These can be grouped as:
 

‘Identity Information’ that includes your first name, last name, title and other identifiers that you may have provided at some time.
 

‘Contact Information’ that includes your address, email address, telephone numbers and any other information you have given to me for the purpose of communication.
 

‘Service Information’ is information about the work I may or have carried out for you.
 

‘Technical Information’ is information about your Internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

 
2.  If you do not provide personal information required

 

Where I need to process personal data, whether by law or under the terms of a contract I have with you, and you fail to provide that data when requested, I may not be able to perform that contract. In that case, I may have to stop providing my services to you. If so, I will notify you of this at the time.


The bases on information about you is processed

 

The law requires me to determine under which of six defined bases I process different categories of your personal information, and to notify you of the basis for each category.
 

If a basis on which I process your personal information is no longer relevant then I shall immediately stop processing your data.
 

If the basis changes then if required by law I shall notify you of the change and of any new basis under which I have determined that I can continue to process your information.

 
3.  Information processed under a contract

 

In order to carry out provide my services, or in situations where you have requested that I provide my services, I must collect and record your personal information, including Contact Information, Identity Information and Service Information.

 
This information is processed on the basis of Contract.

 

I continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

 
4.  Information I process with your consent

 

Through actions when otherwise there is no contractual relationship between us, such as when you contact me, you provide your consent to me to process personal information that may include Identity Information, Contact Information, Service Information and Technical Information.
 

I continue to process your information on this basis until you withdraw your consent by telling me or it can be reasonably assumed that your consent no longer exists.

 
5.  Information I process for the purposes of legitimate interests

 

I may process information on the basis there is a legitimate interest, either to you or to me of doing so.
 

Where I process your information on this basis, I do so after having given careful consideration to:
 

  • whether the same objective could be achieved through other means;

  • whether processing (or not processing) might cause you harm; and

  • whether you would expect me to process your data, and whether you would, in the round, consider it reasonable to do so.
     

For example, I may process your data on this basis for the purposes of:
 

  • record-keeping for the proper and necessary administration of my business; and

  • protecting and asserting the legal rights of any party.

 
6.  Information I process because I have a legal obligation

Sometimes, I must process your information in order to comply with a statutory obligation.
 

For example, I may be required to give your personal information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

 
Other uses of information
 
7.  Cookies

 

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.
 

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.
 

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.
 

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.
 

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.
 

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.
 

This website is hosted by Wix, which uses cookies for a number of different reasons including for security purposes; for monitoring the performance of this website; and for providing a good experience for visitors. You can read more about how Wix uses cookies at https://support.wix.com/en/article/cookies-and-your-wix-site

 
8.  Payment information

 

Payment information is never taken by me or transferred to me either through this website or otherwise. My employees and contractors never have access to it.
 

At the point of payment, you are transferred to a secure page on the website of our payment service provider. That page may be branded to look like a page on this website, but it is not controlled by me.

 
9.  Personal identifiers from your browsing activity

 

Requests by your web browser to the servers for web pages and other content on this website are recorded.
 

This Technical Information is recorded for security purposes. Theoretically, if combined with other information known about you from previous visits, the data possibly could possibly be used to identify you personally. However, I do not use it in such a way.

 
Other matters
 
10. Your rights

 

The law requires me to tell you about your rights and my obligations to you regarding the processing and control of your personal information. I do this now, by requesting that you read the website at
http://www.knowyourprivacyrights.org

 
11. Data may be processed outside the European Union

 

My business is based in the UK.
 

My website hosting provider, Wix, is based in Israel. Israel is considered to offer an adequate level of protection of the personal information.
 

Your personal information may be stored through Wix’s data storage, databases and the general Wix applications. Data is stored on secure servers behind a firewall.
 

Your data may be maintained, processed and stored by Wix and their authorised affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of their services and/or as may be required by law.

 

Wix affiliates and service providers that store or process your data on Wix’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their legal jurisdiction.
 

Wix’s full privacy policy can be viewed at: https://www.wix.com/about/privacy

 
12. Control over your own information

 

It is important that the personal information I hold about you is accurate and current. Please keep me informed if your personal information changes.
 

At any time, you may contact me to request that I provide you with the personal information I hold about you.
 

When I receive any request to access, edit or delete personal identifiable information I shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

 
13. Communicating

 

When you contact me, whether by telephone, through this website or by e-mail, I collect the information you have given to me in order to reply.
 

I may keep personally identifiable information associated with your message, such Identity Information and Contact Information so as to be able to respond to you.

 
14. Complaining

 

If you have any concerns about this notice or your privacy, please tell me.
 

When I receive a complaint, I record all the information you have given to me.
 

I use that information to resolve your complaint.
 

If your complaint reasonably requires me to contact some other person, I may decide to give to that other person some of the information contained in your complaint. I do this as infrequently as possible, but it is a matter for my sole discretion as to whether I do give information, and if I do, what that information is.
 

If a dispute is not settled then I hope you will agree to attempt to resolve it by engaging in good faith with me in a process of mediation or arbitration.

 
15. Retention period for personal data

 

I keep your personal information only for as long as required:
 

  • to provide you with the services you have requested;

  • to comply with other law, including for the period demanded by tax authorities; and

  • to support a claim or defence in court.   

 
16. Compliance with the law

 

This privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which it might be relevant. If you think it fails to satisfy the law of your jurisdiction, please tell me.
 

However, ultimately it is your choice as to whether you wish to use this website.

 
17. Review of this privacy policy

 

I may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on this website on the day you use it.

 
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