Terms of Use

Your privacy rights are very important to us at Kelly Haynes Official Limited. This privacy policy explains the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data, and keep it safe.

If you have any questions about this privacy policy, you can contact us using the link on the website https://kellyhaynesonline.thinkific.com/ or by sending us an email to [email protected]

Who are we?

The data controller of our Site is Kelly Haynes Official Limited (“we”, “us” or “our”). We are registered in English and Wales under company number 11803709 and have our registered office is 19 Torre Close, Bletchley, MK3 6NG.

What information do we collect and why do we collect it?

When you interact with us either on the website or as part of your membership, we may collect personal information from you such as:

· your contact information - your name, address, telephone number and email address. This is given by you when you complete the “Contact me” or “Keep me Posted” pages on the website

· we will also keep the same contact information when you complete your membership form. This form may also include your payment information and you will be asked to provide us with any medical issues that you may have.

· we will use your images for marketing purposes where you have given us permission to do so.

We collect this information either in performance of our contract or for legitimate reasons such as ensuring your health and safety. We will collect this information for the following reasons:

· to attend one or our sessions online or as part of your ongoing membership to the Kelly Haynes Official website. This processing is necessary for the performance of a contract with you.

· to ensure you receive marketing and offers that are of most interest and relevance to you. We may do this on social media if you choose to connect with us. We do this with your consent but you can opt out of this processing at any time. For further information on how to opt out, please see the “marketing and opt out” section below.

· we will store information about your health to comply with our obligations under health and safety law and to keep you safe. We do this with your explicit consent. This information will be kept securely and will be deleted as soon as you cease to be a member.

· to understand which classes you are downloading and attending

In general, though you may visit our website without telling us who you are or revealing any personally identifiable information about you.

How long do we retain your personal data?

Unless we explain otherwise to you in this privacy policy, we will retain your personal data:

· for as long as we have a reasonable business need, such as managing our relationship with you and managing our business and/or

· in line with legal and regulatory requirements or guidance.

Marketing and Opting Out

When you submit your details via the “Contact Us” or “Keep Us Posted” pages on the website or upon completion of your membership form, you agree that we may send you occasional direct marketing via email, SMS or via our social media pages (only if you have connected with us).

You are always free to unsubscribe at any time; this will never have an impact on our commitment to protect your privacy. To withdraw consent, please just send an email to us at [email protected]. We will stop processing your data as soon as possible but, in any event, will do so no later than 30 days from your request.

Who do we share your information with?

We do not share your information with any third parties.

Where we store your personal data?

The data that we collect from you will be stored on servers in the UK and, where in hard paper format, in locked cabinets. It will not be transferred outside the EEA.

Your rights

You have a right to request access to or rectification of your personal data which we hold about you. You also have a right to erase your personal data, to restrict the processing of your personal data and the right to receive your personal data that you have provided to us and to transit such personal data to another data controller.

To make a request to us, please contact us at the email address below.

If you think any information we have about you is incorrect or incomplete, please email us and we will correct or update any information as soon as possible.

How to Contact Us

If you have any questions about our Privacy Policy, please contact us at [email protected]

These terms of use set out the terms on which you may make use of the website https://kellyhaynesonline.thinkific.com/ (“Our Site”) that we have created, whether as a guest or registered user. Use of Our Site includes accessing, browsing, or registering to use the Sites.

Please read these terms of use carefully before you start using our Site, as these terms will apply to your use of Our Site. We recommend that you print a copy for future reference.

By accessing, browsing and using Our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use Our Site.

Information About Us

Our Site is operated by Kelly Haynes Official Limited (“we”, “us” or “our”). We are registered in English and Wales under company number 11803709and have our registered office is 19 Torre Close, Bletchley, MK3 6NG. We can be contacted at [email protected]

Accessing Our Site

Our Site is made available free of charge for your personal use.

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. Access to Our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual Property Rights

Our Site, and its content (including photos and videos), functionality and design, are protected in the UK and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are either used by us under licence or owned by us. All such rights are reserved.

You may not distribute, reproduce, modify, transmit, reuse, re-post or use Our Site, or the content, functionality or design of Our Site (or any part of each) in any manner whatsoever, except within the terms of any written permission granted by us in advance of such use (and in respect of which we neither warrant nor represent that your proposed use will not infringe any third-party rights).

Health and Medical Advice

The fitness video and any related content are provided for general fitness and educational purposes only and are not intended to constitute medical advice, diagnosis, treatment, or healthcare services.

By purchasing, accessing, or participating in the fitness video, you confirm that you are physically capable of undertaking the exercises demonstrated and that you participate entirely at your own risk.

Before starting this or any exercise programme, you should consult your doctor or other appropriately qualified healthcare professional, particularly if you:

· are pregnant or have recently given birth;

· have any medical condition, injury, illness, disability, or health concern;

· experience chest pain, dizziness, shortness of breath, or other unusual symptoms during physical activity; or

· have been advised by a medical professional to limit or avoid physical exercise.

If you experience pain, discomfort, dizziness, light-headedness, nausea, or any other adverse symptoms during participation, you should stop exercising immediately and seek appropriate medical advice.

We make no representation or warranty that the fitness video is suitable for your individual circumstances, health condition, or fitness level. Results will vary between individuals, and any reliance on the information contained in the fitness video is at your own risk.

To the fullest extent permitted by law, we accept no liability for any injury, illness, loss, damage, or adverse health outcome arising from participation in the fitness video, except where such liability cannot be excluded by law.

Refunds and Cancellations

The fitness video is supplied as digital content. Once you have purchased the video and access has been provided (whether by download, streaming, or otherwise), you acknowledge that the digital content is made available immediately and that you may lose any statutory right to cancel that would otherwise apply.

Except as set out below, all purchases are final and non-refundable.

We will provide a refund where:

· the video cannot be accessed due to a fault on our systems and we are unable to resolve the issue within a reasonable period;

· the video is materially defective, corrupted, or does not substantially match its description; or

· we are otherwise required to do so under applicable consumer law.

No refund will be provided where:

· you have changed your mind after purchase;

· you are unable to access the video due to issues with your own device, internet connection, software, or equipment;

· you have failed to follow any technical requirements or instructions provided; or

· you have already accessed, streamed, downloaded, or viewed the video, except where applicable consumer law provides otherwise.

Any request for a refund must be submitted within 14 days of purchase, together with details of the issue encountered. We may request reasonable information to investigate the claim before determining whether a refund is due.

Nothing in these Terms affects your statutory rights as a consumer.

Viruses

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored, or any server, computer or database connected to Our Site.

Exclusions of Liability

The materials contained in or displayed on Our Site is provided "as is" and without warranties or representations of any kind either express or implied. We disclaim all warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the content and information displayed on Our Site is error-free, accurate, complete and up-to-date, or that it does not infringe the rights of any third party.

We use reasonable efforts to ensure that Our Site is free from bugs, viruses and other malicious content; however, we do not guarantee that Our Site is secure. You are responsible for configuring your information technology, computer programmes and platform in order to access Our Site. You should use your own virus protection software.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Changes to These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Our Site

We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it.

Law, Jurisdiction & Language

These terms of use and any matter that arises out of your use of Our Site shall be governed by English law. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction. All contracts shall be construed in English.

How to Contact Us

If you have any questions about our Terms of Use, please contact us at [email protected]