MIM HQ

Movement is Medicine – Terms and Conditions for Online Courses  

These Terms and Conditions apply to all online Courses provided by us, Shut Up I’m Dancing Ltd, trading as Movement is Medicine, a company registered in England and Wales under number 13968463, whose registered office address is at First Floor Office, 3 Hornton Place, London, W8 4LZ (referred to as “we/us/our”). 

This Course is not intended for consumers (as defined in the Consumer Rights Act 2015).  By purchasing the Course, you warrant that you are purchasing this as a sole trader or business entity.  

Please read these Terms and Conditions carefully.  By entering into the Contract, you warrant that you are not a consumer, you are over 18 years of age and legally capable of entering into binding Contracts. 

• Definitions and Interpretation
  • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the personal information and credentials used by you to create an account on our Website, in order to make a Booking;

“Booking” means your provisional booking onto the Course;

“Booking Confirmation” means our confirmation that the Booking has been accepted;

“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions; 

“Course” means the training course and any Paid Content and other materials to be provided by us to you; 

“Paid Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, downloadable content and any other form of information capable of being stored in a computer that appears on or forms part of our Course; 

•     “Website” means https://movementismedicine.uk/; and

“You/Your” means you, the individual making the Booking and entering into the Contract with us.

• The headings used in these Terms and Conditions are for convenience only and will not affect their interpretation.  Any reference to “writing” and “written” will include emails and text messages.  Any words in the singular form will include the plural and vice versa.

• The Contract
  • These Terms and Conditions will form the basis of the Contract between you and us.  Before making a Booking, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
  • Nothing we provide, including, but not limited to, sales and marketing literature or price lists constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that we may, at our discretion, accept.
  • All Bookings will be subject to these Terms and Conditions.  A legally binding contract between us and you will be created upon our acceptance of your Booking, indicated by our Booking Confirmation.  Booking Confirmations will be provided in writing.
  • Where you have made the Booking on behalf of any other person(s), you agree to accept full responsibility for their actions or lack of actions and will ensure each individual complies with their obligations under these Terms and Conditions.
  • It is your responsibility to disclose anything that may be relevant to your or any individual’s ability to take part in the Course before entering into the Contract. This may include, but is not limited to, injury, health and mobility issues. If you fail to disclose any relevant information which may affect the Contract and we become aware of this, we reserve the right to cancel the Contract under clause 8.5. 

• Your Account
  • Sharing of Accounts is not permitted unless we expressly authorise this in writing.  You are required to keep your Account details confidential and must not reveal your username and password to anyone.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.  We also recommend the password you choose is strong and secure, in accordance with cyber-security best practice.
  • When using your Account, publishing information or interacting with other users, you must not submit content that is unlawful or otherwise objectionable.  This includes, but is not limited to, content that is abusive, vulgar, obscene, threatening, harassing, defamatory or discriminatory.  Any failure to comply with this clause could result in the suspension or deletion of your Account.  

• The Course
  • We offer the full training Course, as well as partial access consisting of individual video content only.  
  • Please note that neither purchase nor completion of the Course will grant you a license to operate any licensed business under our brand. The opportunity to become a certified “Movement is Medicine” instructor as appropriate is conditional on your completion of the full Course and is subject to you entering into our separate freelancer licence agreement, which we may make available to you at our sole discretion.  
  • We do not warrant that your access to the Course will be uninterrupted or error-free; nor that our Course and/or the information obtained by you from the Course will meet your requirements.
  • It is your responsibility to complete each stage of the Course in the specified order and to successfully complete any assessments assigned to you before you will be able to progress further.  
  • In some circumstances, we may need to suspend access to the Paid Content (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the Paid Content.  If we need to make more significant changes, we will inform you at least 30 days before the changes are due to take effect.
  • If we need to suspend availability of the Paid Content for any of the reasons set out in clause 4.5, we will inform you in advance (or as soon as possible if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary.  

• Price and Payment
  • The price payable for the Course is as stated on our Website.  Payment must be made before the Paid Content will become available to you. You will be asked to complete your details and make payment via the Website. Once payment is received, the Paid Content will become accessible to you. 
  • All payments made via our Website will go through an online payment gateway provider, such as PayPal or Stripe. No credit or debit card information is provided to us, and completion of the transaction will be subject to you agreeing to this third party’s terms and conditions. A separate contractual relationship will be created between you and this third party, and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by them. 
  • We reserve the right to increase our pricing from time to time but this will not affect Bookings already made and paid for in advance. 
  • All prices include VAT, where applicable.  If the rate of VAT changes between the date of your Booking and the date of your payment, we will adjust the rate of VAT that you must pay.  Changes in VAT will not affect Bookings where we have already received payment in full from you.

• Problems with the Course 
  • If the Paid Content has faults, you are entitled to request we fix the problem.  If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.  Please note that we will not be liable if we informed you of the fault(s) or other problems with particular Paid Content before you accessed it, and it is that same issue that has now caused the problem or if you purchased the Paid Content for an unsuitable purpose that is not obvious or made known to us and the problem resulted from your use of the Paid Content for that purpose.
  • Any refunds due under this clause 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Course, unless you specifically request that we make a refund using a different method.  

• Intellectual Property Rights
  • We reserve all copyright and any other intellectual property rights which may subsist in, or in connection with, the Course and the Paid Content.  By using our Website you acknowledge that such content is protected by applicable intellectual property laws. 
  • When you purchase access to the Paid Content, we will grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and use the relevant Paid Content for your own personal, non-commercial purposes.  The licence granted to you does not give you any other rights in our Paid Content (including material that we licence from third parties).  Please note in particular that we have a limited licence to use the music in the Course for our own purposes only.  You must not use this music in any way, including the purposes described in clause 7.3.  
  • You may not use, copy, reproduce, modify, distribute, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it), make it available to the public or use it for any commercial purposes, without our express prior written permission.  
  • You must abide by the terms of use of our chosen Course platform/platforms, which may change from time to time.  
  • You must immediately bring to our attention any infringement or suspected infringement of any of our intellectual property rights of which you are aware and at our request, take such action or assist us in taking such action as we may deem appropriate to protect our intellectual property rights. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of our intellectual property rights.
  • You acknowledge that you are responsible for any content you may submit via the Course and post using your Account, including the legality, reliability, appropriateness, originality, and copyright of any such content. 

• Cancellation
  • The Paid Content will become available to you immediately when we send you the Booking Confirmation.  When you make the Booking, you will be required to expressly acknowledge that you wish for the Paid Content to be made available to you immediately.  You will also be required to expressly acknowledge that by accessing (e.g. streaming) the Paid Content, you will lose your legal right to cancel the Contract if you change your mind (therefore you will not be entitled to any “cooling-off period”).  
  • If we have suspended availability of the Paid Content for more than 14 days, or we have informed you that we are going to suspend availability for more than 14 days, you may end the Contract, and if you end the Contract for this reason, we will issue you with a proportional refund.  
  • You also have a legal right to end the Contract at any time if we are in breach of it.  You may also be entitled to a full or partial refund.  
  • If you wish to exercise your right to cancel under this clause 8, please contact us in writing.  Refunds will be made in accordance with clause 6.2.
  • We reserve the right to terminate your Account and/or the Contract at any time.  If we do so, we will notify you by email and provide you with an explanation for the termination.  If we terminate as a result of your breach of these Terms and Conditions, you will not be entitled to any refund.  Such terminations can be appealed by contacting us in writing.  If we terminate your Account or the Contract for any other reason, we will refund you on a proportional basis.  Access to any Paid Content will cease immediately from the date of termination.
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• Liability
  • Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  • Subject to clause 9.1, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  • We only supply the Course for non-commercial use only.  We make no warranty or representation that the Course is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
  • We may provide you with information and advice in connection with the Course.  However, we cannot be held responsible for any actions, or lack of actions, you may take as a result of our advice.  We recommend seeking professional help and advice where necessary. 

• Communications and Contact Details 
  • Applicable laws require that some of the information or communications we send to you should be in writing.  When using our Website, 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 requirements that such communication be in writing.  This does not affect your statutory rights.
  • Notices will be deemed to have been duly received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three working 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 the letter was properly addressed to the address provided, stamped and placed in the post and in the case of an email, that the email was sent to the specified email address of the addressee.
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• Privacy and Data Protection
  • All personal information that we may process will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018, the UK GDPR and any amendments to them.
  • For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable please refer to our Privacy Policy on our website. 

• Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure or delay in performing any of our obligations under the Contract if that failure or delay is caused by any event beyond our reasonable control.  This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, governmental action or any other event beyond our reasonable control.

• Other Important Terms
  • We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs, we will inform you in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
  • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission. 
  • The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
  • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
  • No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
  • We may revise these Terms and Conditions from time to time. If we change these Terms and Conditions as they relate to the Contract between you and us, we will give you advance notice of the changes with details of how you may cancel if you are not happy with them.
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• Law and Jurisdiction
  • These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the laws of England and Wales.
  • Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise), will be subject to the jurisdiction of the courts of England and Wales.