Terms & Conditions

1. These terms

1.1  These terms and conditions form the basis on which you can visit our website and on which we supply products to you, whether these are goods, services or digital content. 

1.2  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1  This site is owned and operated by Mind Matter Health Ltd a limited company registered in Scotland under company number SC674622 of Drumfin Cottage, Fife, Scotland, KY12 8HE.

2.2  You can contact us by emailing our customer service team at hello@mindmatterhealth.com.

2.3  If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4  When we use the words “writing” or “written” in these terms, this includes emails.

2.5  Our Physiotherapists are registered with the Health Care Professions Council and are members of the Chartered Society of Physiotherapy in the UK.  Our Pilates instructors and either Physiotherapists or Massage therapists and have relevant qualifications to teach Pilates.

2.6  Our Virtual Physiotherapy consultation services are solely for use in the UK and Northern Ireland.  Unfortunately, we do not provide these services for addresses outside of the UK and NI.

 2.7  If you have any queries about these terms and conditions or if you have any comments or complaints about our website or services, you can contact us at hello@mindmatterhealth.com.

3. Your account and contract between us

3.1  An account is required to use parts of Our Website and Products. You will need an account to view the free and paid content.

3.2  In order to create an account, you will need to provide us with your e-mail address.

3.3  You may not create an account if you are under the age of 18 years.

3.4  Information you provide when creating an account must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up to date.

3.5  You must not use anyone else’s account or share your account details with anyone.

3.6  We will not be liable for any unauthorised use of your account.

3.7  You will need an account to create an order for free and paid products.

3.8  If you wish to close and delete your account, you may do so at any time.  This must be done by you via the ‘member’ section of the website or you can email us at hello@mindmatterhealth.com to cancel your account.

3.9  Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.10  If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

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4. Payment and Subscription

4.1  Full payment of the whole price for the pay-as-you-go live class, 1:1 Pilates and Online Physiotherapy consultations that you order must be received before your order can be accepted. Payment of the price for the services represents an offer on your part to purchase the services, which will be accepted by us only when a confirmation of acceptance is sent by us. 

4.2  Payment for subscriptions will be due at the end of the 14-day trial period.  Your chosen payment method will be charged at the end of the 14-day trial unless your account is cancelled.

4.3  Subscription charges commence at the end of your 14-day trial period.  Your credit/debit card will be charged monthly thereafter until you cancel your recurring subscription.

4.4  Mind Matter Health reserves the right to change Subscription Fees from time to time.

4.5  For further information on Subscriptions and pricing, please visit our Pricing Page.

4.6  We accept the payment via stripe and do not charge any fees for payment by stripe.

4.7  We will take payment upon receipt of your order for the PAYG live class, 1:1 Pilates or Online Physiotherapy, or at the end of the 14 day free trial period for the subscriptions from your credit or debit card. We accept no liability if our services are delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the services from you, then we can refuse to process your order and/or suspend any further services. This does not affect any other rights we may have.

4.8  The prices payable for services that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.

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5. Cancellation rights

5.1  Where you are a consumer as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which the contract is entered into (the Cancellation Period).  You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty (unless we have begun the services within the Cancellation Period in accordance with clause 5.3). 

5.2  Should you wish to cancel your order this must be done by you via the ‘member’ section of the website or you can email us at hello@mindmatterhealth.com.

5.3  If you require us to begin the services within the Cancellation Period we require you to make an express request to do so.  In such cases, your right to cancel continues until either the end of the Cancellation Period, or the completion of the services, whichever is the earlier.  If you cancel during the Cancellation Period we may charge you for any services provided up until the point when we receive your cancellation notice, and will provide a partial and proportionate refund accordingly.  

5.4  Your right to cancel the services will no longer apply once the services have been fully performed.

5.5  You may cancel at any time after subscribing, however subject to sub-Clause 5.6, no refunds can be provided and you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription. If you choose to deactivate your account you will lose access to Your Pilates Physio paid content immediately.

5.6  If you subscribe in error you must inform Us within 3 days of subscribing and must not use the Paid Content during that time. This provision also applies to automatic renewals of subscriptions which you may have forgotten to cancel. If any use of Paid Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Paid Content for the duration of the relevant Subscription Period.

5.7  Provision of Paid Content shall commence immediately upon Our confirmation of your subscription. When completing the subscription process, you will be required to expressly acknowledge that you wish the Paid Content to be available immediately. You will also be required to expressly acknowledge that by doing so, you will lose your statutory right to cancel your contract with Mind Matter Health Ltd as detailed below in sub-Clause 5.1.

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6. Cancellation by us

6.1  We reserve the right not to process your order if:

6.2  We have insufficient staff or resources to deliver the services you have ordered;

6.3  We do not provide services to your area; or

6.4  One or more of the services you ordered was listed at an incorrect price due to a typographical error.

6.5  If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.

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7. If there is a problem with the services

7.1  If you have any questions or complaints about the services please contact us.  You can do so at hello@mindmatterhealth.com.

7.2  We are under a legal duty to supply services that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

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8. Ordering errors

8.1  You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.

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9. Intellectual Property and Ownership Rights

9.1  All rights, including copyright, in this website are owned by or licensed to Mind Matter Health Ltd. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.

9.2  Mind Matter Health Ltd is the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

9.3  Intellectual Property includes all content including on the website, unless uploaded by users, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

9.4  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property and other laws.

9.5  You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

9.6  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9.7  Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

9.8  If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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10. Disclaimers and No Reliance on information

10.1  The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

10.2  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

10.3  You acknowledge that the sessions may be physically strenuous and challenging and you agree that you voluntarily participate in a session with full knowledge that there is an inherent risk of personal injury or illness arising from your participation in any exercise programme.

10.4  Certain sessions may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition.

10.5  You must ensure that you are fit and well enough to participate in any session that you take part in, and you will at all times be responsible for your own state of health, physical condition and wellbeing.

10.6  If you have any concerns about your fitness or health, you should seek appropriate advice from your General Practitioner, Physiotherapist or other relevant professional before participating in a session. 

10.7  We recommend you have a Physiotherapy assessment prior to you starting our sessions to assess your suitability for exercise.

10.8  You can arrange to speak to our Physiotherapists via virtual consultation by booking on our website.

10.9  Unless specifically recommended for Pregnancy on our site, you should not take part in any sessions if you are pregnant.

10.10  If you experience any pain or discomfort during the sessions you must stop the workout.

10.11  If you choose to do a video that has warnings against your condition or you are going against advice from a Professional, then you do so at your own risk.

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11. Accuracy of content

11.1  We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all services have been described accurately.

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12. Your Rights to Make Changes

12.1  If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 5).

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 13. Our Rights to Make Changes

13.1  We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements.  These changes will not affect your use of the product.

13.1  In addition, we may make changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

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14. Availability

14.1  The services will be provided within an agreed timescale, and time is not of the essence of the contract.

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15. Links to Other Websites and advertising

15.1  This website contains links to other sites.  Unless expressly stated, these sites are not under the control of Mind Matter Health Ltd or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

15.2  We may feature advertising on the website.

15.3  Parties other than Mind Matter Health provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Mind Matter Health Ltd does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

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16. Links to this Website

16.1  Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.mindmatterhealth.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at hello@mindmatterhealth.com.

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17. Liability

17.1  We make no warranty or representation that the Website will be compatible with all systems, or that it will be secure.

17.2  We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions.  We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

17.3  Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

17.4  Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

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18. Damage to your computer

18.1  We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

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19. Notices

19.1  Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our email address at hello@mindmatterhealth.com and all notices from us to you will be displayed on our website from time to time.

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20. Changes to legal notices

20.1  We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

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21. Law, jurisdiction and language

21.1  This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Scottish law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Scotland. All contracts are concluded in English.

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22. Invalidity

22.1  If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

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 23. Privacy

23.1  You acknowledge and agree to be bound by the terms of our privacy policy.

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24. Third party rights

24.1  Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

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25. Communications, Reviews and Comments

25.1  Visitors may post reviews, comments and send other communications: submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasion of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectional.

25.2  Communications containing software viruses, political campaigning, commercial solicitations, chain letters, mass mailings or any form of “spam”.

25.3  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content.  We reserve the right to remove or edit such content.

25.4  If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio), all together “content”, you grant Mind Matter Health  (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

25.5  You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

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26. Other important Terms

26.1  We may transfer our rights and obligations under these terms to another organisation.

26.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

26.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

26.4  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26.5  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

26.6  These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the English and Wales or the Scottish courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.

27.7  Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.