1. About us

We are Christopher Briggs (trading as MassageChris. Our trading address is at: 38a Albert Road, Clevedon, BS21 7RR. 

How to contact us

You can contact us by sending an email to chris@massagechris.co.uk.

2. These terms
   1. These terms apply to any purchases you make on our Website (as defined below). 
   2. Please read these terms carefully before you [register with our Website ] and/or place any orders on our Website, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
   3. Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Massage Chris, and any reference to ‘you’ or ‘your’ is reference to a ‘Customer’.
   4. Any reference to a ‘Customer’ is to anyone who has created an Account and uses the Website to place an order.
   5. You must be at least 18 years old and a resident of the UK to register with our Website and place an order on our Website. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
   6. We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
   7. Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.
   8. Your use of our site is governed by our Website Terms of Use included below.
   9. Other definitions:
      1. Acceptable Use Policy: means the acceptable use policy.
      2. Account: means the account referred to in clause 3 that a Customer must set up in order to purchase the Course(s);
      3. Contract:  means the agreement between us and you for the supply and purchase of the Courses incorporating these terms.
      4. Course(s): means the online video courses that we offer from time to time and “Course” shall mean any of those courses;
      5. Course Fee: means the fee payable by the Customer to us on placement of an Order as described in clause 12;
      6. Customer User means an individual whose employer or business is the Customer and who has requested access to the Courses on behalf of the Customer User;
      7. Force Majeure: means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving our or our suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay;
      8. Order – means a request by you to us (through the Website) for our provision of a particular Course; and
      9. Website: www.massagechris.co.uk.
3. Website Accounts
   1. For Customers to use the Website and access our Courses they must first register and create an Account. 
   2. When creating an Account, the information provided must be accurate and complete.  If any of the information changes at a later date, it is the Customer’s responsibility to ensure that the Account is kept up-to-date.
   3. We require that a strong password is used for the Account.  It is the Customer’s and Customer User’s responsibility to keep the password safe.  The password must not be shared with anyone else.  If a Customer believes that their Account is being used without permission, please contact us immediately.  We will not be liable for any unauthorised use of an Account.
   4. Any personal information provided in the Account will be collected, used, and held in accordance with your rights and our obligations under the Data Protection Act and General Data Protection Regulations (GDPR), as set out in Clause 19.
   5. Upon the creation of an Account the Customer will receive access to the Website and the ability to purchase Courses subject to the provisions of these terms.
   6. We shall not be liable for any delay in or failure to supply the Courses caused by:
      1. the Customer’s failure to: (i) provide any relevant information; or (ii) provide us with adequate instructions for the performance or the supply of the Courses;  or
      2. reasons beyond our control including but not limited to problem router systems and internet downtimes;
      3. Events beyond our Control (clause 17).

4. Website Access
   1. Access to the Website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
   2. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Website or any content or information on the Website with or without notice. We will not be liable to any party for any modification or discontinuance of the Website.
   3. We shall use our reasonable endeavours to ensure that access to the Website is available without interruption. This undertaking is subject to the following exceptions:
      1. the Customer fails to make payment in accordance with clause 13 and we have as a consequence suspended access to the Website in accordance with clause 14;
      2. events beyond our Control (clause 17); or
      3. The Contract has terminated in accordance with clause 20.
   4. No Customer, nor anyone on their behalf may, in the absence of written consent from us:
      1. make changes of any kind to the Website; or
      2. attempt to correct any fault or perceived fault in the Website.
   5. We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware.  We do not, however, guarantee that the Website is secure or free from viruses or other malware and accept no liability in respect of the same.
   6. Customers are responsible for protecting  hardware, software, data and other material from viruses, malware and other internet security risks.
5. Use of the Website
   1. In addition to the requirements of the Acceptable Use Policy and Website Terms of Use, Customers may only use the Website in a manner that is lawful and that complies with the provisions of this clause 5.1. Specifically Customers and Customer Users:
      1. must ensure that they comply fully with any and all applicable laws;
      2. must not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
      3. must not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
      4. must not use the Website in any way, or for any purpose, that is intended to harm any person or persons in any way.

2. The Customer shall also ensure that its Customer Users who have access to the Website comply with the provisions of clause 5.1. In the event we determine that a Customer User is in breach of the provisions of clause 5.1 and the Customer has failed to rectify any such breach, we reserve the right to suspend or terminate access to the Website and Courses in accordance with clauses 14 and 20 (respectively).
3. The Customer is exclusively responsible for the conduct of individual Customer Users and must ensure that all use is in accordance with these terms.  The Customer shall notify us immediately of any breaches of these terms by any Customer Users.

6. Our Courses
   1. A description of the Courses together with Course Fees are available on the Website.
   2. Any example coaching or training sessions or presentations, descriptive matter or advertising issued by us and any illustrations or descriptions of the Courses contained on our Website are issued or published for the sole purpose of giving an approximate idea of the Courses described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms.
   3. We reserve the right to vary or withdraw any of the Courses.
   4. The Courses provide general guidance and have not been customised to a Customer or Customer User’s specific requirements. We do not warrant that the Courses will meet the Customer or Customer User’s individual requirements.
   5. After your Order is placed, you will receive an email from us confirming that we have received your Order. However, please note that this does not mean that your Order has been accepted by us. 
   6. Acceptance of your Order by us takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms for the delivery of the Course.
   7. If we do not accept your Order, for example because we have been unable to take payment or the Course is unavailable, or there has been a mistake regarding the pricing or description of the Course, we will email you using the details you provided when you placed your order and provide you with a refund if payment has already been taken. We have the right to reject any order for any reason.
   8. To access the Courses the Customer and/or Customer User will require internet connectivity and appropriate telecommunication links. We shall not have any liability for any telephone or internet costs that the Customer or Customer User may incur. The streaming resolution and quality of the Course content will depend on the type of device you are using, your resolution settings and the speed of your internet connection.
   9. We are not liable to you if you are unable to download or use the Course content due to a poor internet connection, because your device does not meet the minimum technical requirements, or for any other reason outside of our reasonable control.
   10. Our Course selection pages on the Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before finally submitting your order to us. Please take the time to review and check your order at each page of the order process.
7. Availability of Courses
   1. We cannot guarantee that any Courses will be available at any given time, or that access to the Courses will be uninterrupted, error free or secure. For example, access to Courses may be temporarily unavailable while we carry out maintenance or for other technical reasons.
   2. In certain circumstances beyond our reasonable control, for example where there has been a change in law, we may need to stop providing certain Courses. If this happens and it affects your order, we will notify you by email, cancel your order and provide you with a full refund if payment has already been taken.
8. Making changes to your Order

If you would like to make any changes to your Order after you have submitted it, please contact us as soon as possible and we will let you know if it is possible to change your Order.

9. Delivery 
   1. All of our Courses are electronically available via the Website once you have created your Account in accordance with clause 3 above. Occasionally our delivery to you may be affected by Events beyond our Control. See clause 17 for details of our responsibilities when this happens.
   2. Delivery of an order for a Course shall be completed when we provide you with login details to the email address you gave us. 
10. Permission to use the Course content and intellectual property
    1. We give you a licence to download and use the Course content provided you follow all of the rules in these terms. The licence starts when you download the Course content.
    2. The licence is for your internal business or personal purposes only. You must not use the Course content for any resale purposes.
    3. You do not own the Course content or any of its contents but you may use it as set out in these terms. You are not allowed to pretend that the Course content is your own or make it available to others to use.
    4. You must not conceal, change or remove any markings which show who owns the Course content, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings, or try to circumvent any digital rights management or technical protection measures put in place to prevent you from using the Course content in a way that you are not allowed to.
    5. If you do not comply with any term in this clause 10, we have the right to end our Contract with you immediately by sending an email to the address you provided when you placed your Order.
    6. If we end our Contract with you in accordance with clause 10.5:
       1. we may seek to recover reasonable compensation from you according to law to cover losses resulting directly from your breach of this clause 10;
       2. you must immediately stop using the Course content;
       3. we may remotely block your access to Website and any Course;
       4. you must delete or remove the Course content from any devices; and
       5. we may delete or suspend access to your Account.
    7. Except as expressly agreed in writing, no intellectual property rights of either party are transferred or licensed as a result of these Terms. In particular all intellectual property rights in the Website and Courses belong to us.
    8. Customers shall not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish or create the Website or Courses or commercialise any information, products or services obtained from the Website or Courses without our written permission.
11. Geographical restrictions

We cannot guarantee that the Course content is appropriate or will be available for use in locations outside of the UK. If you use the Course content outside of the UK, you are responsible for ensuring that you comply with any local laws.

12. Course Fees
    1. Prices for our Course Fees are set out on our Website. All prices are in pounds sterling (£)(GBP).
    2. Prices for our Courses Fees may change at any time. Except as set out in clause 12.3 below, such changes will not affect existing orders.
    3. If there has been an error on the site regarding the pricing of any of our Course Fees and this affects your Order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your Order at the correct price or to cancel your Order and get a full refund. If we are unable to contact you, we will treat the Order as cancelled and notify you by email.
    4. There are no delivery charges for our Courses except that we may charge processing fees for certain payment methods which will be advised to you before you place an order.

13. Payment
    1. All Course Fees must be paid in advance. 
    2. Payment will be taken via Stripe when you place your Order. As such these terms incorporate Stripes service agreement available at https://stripe.com/gb/ssa 
14. Suspension of access to Courses
    1. If, the Customer is in breach of any of its obligations under these Terms, or we have reasonable grounds for suspecting fraudulent use of the Website or if we are prevented or delayed in providing the Courses for any reason attributable to the Customer or Customer User, then we (without prejudice to its other rights):
       1. may suspend access to the Website and provision of any Courses until such time as the Customer fully remedies its breach or default;
       2. shall not be liable for any losses, damages, costs and expenses incurred by the Customer as a result of such suspension; and
       3. shall recover from the Customer all losses, damages, costs and expenses incurred by us arising from the Customer’s breach of default.
15. Cancellation and refunds if you are a consumer
    1. Except in the circumstances listed in clause 15.2, you have the right to change your mind and cancel your order within 14 days from the date of your order confirmation email to cancel your order.
    2. You do not have the right to cancel orders once you start to download the Course content.
    3. To cancel your order, please email us at [insert email address] or call us on [insert number]. To help us process your cancellation more quickly, please have your order number ready or include it in the email or cancellation form you send to us.
    4. If you exercise your right to cancel under clause 15.1, we will provide you with a refund as soon as possible.
    5. Your refund will be subject to the following deductions:
       1. if services have been provided during the 14-day cancellation period at your request, we will make deductions from any refund due to you for the services we provided up to the time that you told us that you want to cancel.
    6. We will issue your refund to the same payment method you used when you placed your order.
    7. If the right to cancel does not apply because of one of the circumstances listed in clause 15.2, you will not be entitled to a refund unless the Course content is faulty. See clause 16 below.
16. Faulty Course content – consumers
    1. We warrant that the Course content will conform in all material respects with its description on the Website.
    2. If any course content does not comply with clause 16.1, we will (at our option) correct the errors within a reasonable time or replace the defective course content or refund any payments made for the defective course content, provided that:
       1. you notify us by email to sarah@massagechris.co.uk  and
       2. you provide us with sufficient information to enable us to reproduce the errors or investigate the defect.
    3. If we provide you with a refund under clause 16.2:
       1. you no longer have any rights to use the course content; and
       2. you must remove the course content from any device and delete any copies.
    4. Clause 16.2 sets out your sole and exclusive remedy for any breach of clause 16.1.
    5. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
    6. If there is a problem with any Course content you have purchased from us, please contact us as soon as reasonably possible.
17. Events beyond our control

Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 30 days, either party may terminate the Contract by written notice to the other party.

18. Our liability to consumer customers
    1. If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
    2. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
    3. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
19. Our liability to business customers
    1. Subject to the below, our liability under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be limited to the aggregate amounts paid by the Customer for the Course(s) during the previous twelve months.. 
    2. We will not be liable to you under or in connection with these terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) for:
       1. consequential, indirect or special losses; or
       2. any of the following (whether direct or indirect):
          1. loss of profit;
          2. loss or corruption of data;
          3. loss or corruption of software or systems;
          4. loss or damage to equipment;
          5. loss of use;
          6. loss of opportunity;
          7. loss of savings, discount or rebate (whether actual or anticipated); or
          8. harm to reputation or loss of goodwill.
    3. Nothing in these terms will limit or exclude our liability for:
       1. death or personal injury caused by negligence;
       2. fraud or fraudulent misrepresentation; or
       3. any other losses which cannot be excluded or limited by law.
20. Your information

Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here https://massagechris.co.uk/privacy-policy/ which explains what information we collect and hold about you, and how we collect, store, use and share such information.

21. Termination
    1. Either party may terminate the contract at any time by giving notice in writing to the other party if:
       1. the other party commits a material breach of the contract and such breach is not remediable;
       2. the other party commits a material breach of the contract which is not remedied within 14 days of receiving written notice of such breach;
       3. any consent, licence or authorisation held by the other party is revoked or modified such that the other party is no longer able to comply with its obligations under this Contract or receive any benefit to which it is entitled.
    2. Either party may terminate this Contract at any time by giving notice in writing to the other party if that other party:
       1. stops carrying on all or a significant part of its business, or indicates in any way that it intends to do so;
       2. is unable to pay its debts either within the meaning of section 123 of the Insolvency Act 1986 or if the non-defaulting party reasonably believes that to be the case;
       3. becomes the subject of a company voluntary arrangement under the Insolvency Act 1986;
       4. has a receiver, manager, administrator or administrative receiver appointed over all or any part of its undertaking, assets or income;
       5. has a resolution passed for its winding up;
       6. has a petition presented to any court for its winding up or an application is made for an administration order, or any winding-up or administration order is made against it;
       7. is subject to any procedure for the taking control of its goods that is not withdrawn or discharged within [seven] days of that procedure being commenced;
       8. has a freezing order made against it;
       9. where the party is an individual, is bankrupt or subject to bankruptcy proceedings;
       10. is subject to any events or circumstances analogous to those in clauses 21.2.1 to 21.2.9 in any jurisdiction.
    3. On termination of the contract for any reason:
       1. we shall immediately stop access to the Website and the provision of Courses;
       2. the parties shall cease to use the intellectual property rights of the other party; and
       3. all rights granted to the Customer under this Contract or any Order shall immediately cease.
22. No third party rights

No one other than us or you has any right to enforce any of these terms.

23. Complaints
    1. If you are unhappy with us or the services you ordered, please contact us at sarah@massagechris.co.uk 
24. Governing law and jurisdiction
    1. These terms and any dispute or claim arising out of, or in connection with, the terms, their subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the laws of England and Wales. You and us both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms, their subject matter or formation (including non-contractual disputes or claims).
25. General terms
    1. You are not allowed to transfer your rights under these terms to anyone without our prior written consent. We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result.
    2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected.
    3. If you breach these terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these terms.
    4. Any variation to these terms will not be binding unless expressly agreed in writing between you and us.
    5. You and we both agree that these terms constitute the entire agreement between you and us in relation to your order. You acknowledge that you have not entered into these terms in reliance on any representation or warranty that is not expressly set out in these terms and that you will have no claim for innocent or negligent misrepresentation on the basis of any statement in these terms.