- Introduction
1.1 Access to and use by you of this site is subject to these Terms and Conditions.
1.2 Use of this site constitutes your acceptance of these Terms and Conditions that take effect when you first use this site.
1.3 Please read these Terms and Conditions carefully. Before downloading a Trail or creating a personalised Trail online you will be required to click a box to confirm that you that agree with these Terms and Conditions.
1.4 Treasure Trails of the Unexpected reserves the right to change these Terms and Conditions at any time. You are responsible for checking this site to obtain notice of any such changes. Continued use by you of this site following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.
1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
1.6 These Terms and Conditions shall be governed by and construed in accordance with Scottish law and the Scottish courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.
1.7 The failure of Treasure Trails of the Unexpected to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
1.9 You will contract with myself. I am Mhairi Tindall trading as Treasure Trails of the Unexpected.
Our details are as follows: Treasure Trails of the Unexpected is the trading name of Mhairi Tindall – a sole trader operating in Scotland. - Access to this site
2.1 Whilst Treasure Trails of the Unexpected endeavours to ensure that this site is normally available 24 hours a day, Treasure Trails of the Unexpected will not be liable if for any reason the site is unavailable at any time or for any period. Treasure Trails of the Unexpected does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that this website cannot be tampered with by third parties.
2.2 Access to this site may be suspended temporarily or permanently and without notice. Treasure Trails of the Unexpected may terminate use of the service with or without cause at any time and effective immediately, at Treasure Trails of the Unexpected’ sole discretion. Treasure Trails of the Unexpected shall not be liable to the user or any third party for termination of service. - Information and Links on this site
3.1 Whilst Treasure Trails of the Unexpected endeavours to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and Treasure Trails of the Unexpected does not accept any liability for error or omission.
3.2 This site contains links to third party websites which are controlled and operated by parties other than Treasure Trails of the Unexpected. Treasure Trails of the Unexpected is not responsible for the contents of any linked site. Access by you to a linked site is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this site comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.
3.3 Treasure Trails of the Unexpected accepts no liability whatsoever and gives no warranty in relation to any goods or services sold by third parties to you through advertising on this site.
3.4 The inclusion of any link to a third party site or of advertising of third party goods or services on this site does not imply any endorsement by Treasure Trails of the Unexpected of the linked site or of any advertised goods or services.
3.5 We welcome the reporting of any errors found in our site or information relating to Trails. Please get in touch using the Contact Us form. - Limitation and Exclusion of Treasure Trails of the Unexpected’ Liability
4.1 Treasure Trails of the Unexpected shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, delict (tort) or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.
4.2 Nothing in these Terms and Conditions shall limit Treasure Trails of the Unexpected’ liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.
4.3 Treasure Trails of the Unexpected’ entire liability to you in contract, delict (tort – including negligence) or otherwise in relation to this site shall be limited to £500.00 for any one incident or series of related incidents.
4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, civil law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.
4.5 Users of any Trail purchased from Treasure Trails of the Unexpected are solely responsible for the safety of themselves and their party whilst on a Trail. We cannot be held responsible for any loss or damage to property, or accident or injury to life and limb incurred whilst on a Trail. - Use by you of this site
5.1 You must use this site in a lawful manner consistent with all applicable laws and regulations.
5.2 You must not use this site or any services on this site:
5.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches of any other person’s intellectual property rights;
5.2.2 to send unsolicited emails or messages or to collect or store personal data about other users of this site without their consent or for any other purpose in breach of the Data Protection Act 1998;
5.2.3 to carry out any activities to obtain lists of users;
5.2.4 to use or transmit through this site any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this site;
5.2.5 to do anything that imposes an unreasonable load on this site.
5.3 You agree to indemnify Treasure Trails of the Unexpected and hold Treasure Trails of the Unexpected harmless against any claims, and reasonable costs or expenses resulting from your use of this site or services on this site in breach of clause 5.
5.4 Use by you of this site in breach of this clause 5 entitles Treasure Trails of the Unexpected to terminate immediately your access permission to this site. - Proprietary Rights
6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this site, including but not limited to text, software (including applets), music, sound, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Treasure Trails of the Unexpected.
6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any Trails purchased from Treasure Trails of the Unexpected (including personalised and bespoke Trails) and any other documents or items prepared or produced in relation to the Trails belong to us absolutely, subject to any copyright in any images which may be uploaded for the purposes of creating a personalised Trail.
The names, images and logos identifying Treasure Trails of the Unexpected are propriety marks of Treasure Trails of the Unexpected.
6.3 You are permitted to print and download extracts, personalised Trails from this site only on the following bases:
6.3.1 use of documents and related graphics on this site, downloads or creations from this site are for personal non-commercial use only;
6.3.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use;
6.3.3 no documents, personalised/ bespoke Trails or related graphics on this site are to be modified in any way;
6.3.4 no part of this site or any Trails downloaded or created from the site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Treasure Trails of the Unexpected’ prior written permission.
6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this site or from Trails downloaded or created from this site are prohibited without the prior express written authorisation of Treasure Trails of the Unexpected.
6.5 Any rights not expressly granted in these Terms and Conditions are reserved to Treasure Trails of the Unexpected. - Personalised / Bespoke Trails
7.1 Subject to these Terms and Conditions you may upload to the website, for the purposes of creating a personalised Trail, digital images in JPEG format and provide names and details of those you wish to appear in your personalised Trail.
7.2 By uploading digital images to the website to create a personalised Trail you warrant that you have obtained all the necessary third party consents to permit you to do so, and that by using the digital images in your personalised Trail does not infringe the rights of any third party.
7.3 You agree to indemnify Treasure Trails of the Unexpected and hold Treasure Trails of the Unexpected harmless against any claims, reasonable costs or expenses resulting from any breach of clause 7.2.
7.3 You are not allowed to upload any images or data which contain:
(a) material which is defamatory of any person;
(b) material which is pornographic, obscene, indecent or offensive;
(c) material which discriminates based on sex, religion, nationality, disability, sexual orientation or age;
(d) blasphemous material; or
(e) material, the use or inclusion of which, infringes any copyright, trademark, database, or other intellectual property right of any third party.
7.4 We may edit or refuse to use any data or images uploaded to our website to create a personalised Trail at our sole discretion.
7.5 You will retain any intellectual property rights including copyright in any images uploaded to the website for the purposes of creating a personalised Trail where you already own such rights. 7.6 Personal data provided to create personalised Trails will be used in accordance with our privacy and data protection policies as set out below.
7.7 All images and text uploaded to the Treasure Trails of the Unexpected website for the purposes of creating a personalised Trail will be stored on Treasure Trails of the Unexpected’ secure server for 30 days after the personalised Trail has been dispatched.
7.8 In addition to storing the information detailed in clause 7.7 Treasure Trails of the Unexpected will also store on their secure server a pdf format of the personailsed Trail for 30 days after the Trail has been dispatched. - Privacy Policy, Security and Data Protection Policy
8.1 Treasure Trails of the Unexpected conforms to the UK Data Protection Act 1998 and The General Data Protection Regulation 2016 (GDPR).
8.2 We use the personal information we collect solely to administer your activities on the site.
8.3 When you provide personally identifiable information to Treasure Trails of the Unexpected, we may use it to provide you with ongoing information about Treasure Trails of the Unexpected’ products and services. Treasure Trails of the Unexpected will not rent, sell or lease this personally identifiable information to other companies or individuals. You have a right to access, rectify, modify and delete any data referring to you. In order to exercise this right please contact us immediately.
8.4 We follow strict security procedures in the storage and disclosure of information that you have supplied to us. Treasure Trails of the Unexpected is committed to protecting and respecting your privacy. We do not sell, trade, or rent your personal information to others. We do not share our mailing lists with any third parties, including advertisers or partners.
8.5 In common with most organisations, we share aggregate information about our users with our business partners and other third parties. This information shows user activity as a whole rather than on an individual basis and cannot be used to individually identify you.
8.6 Treasure Trails of the Unexpected is aware that privacy and security concerns are a major issue for you when purchasing online. Treasure Trails of the Unexpected take every effort to ensure the credit card information you transmit to Treasure Trails of the Unexpected is kept both secure and strictly confidential, but unfortunately the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; and transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. - Refund, Cancellation and Replacement Policy
10.1 Treasure Trails of the Unexpected does not offer refunds for any Trails downloaded or personalised Trails created.
10.2 Cancellation of an order is only possible up to the point of payment. Once payment has been made, and the download screen is accessed, cancellation is not possible.
10.3 Replacement of downloaded Trails and personalised Trails will be dealt with on a case-by-case basis. In all instances contact us for more details.
Under the new GDPR regulations, we are legally required to supply the following information.
Legal basis for processing your information
When you complete a PAR-Q form prior to participating in a dance fitness class, the information we take from you and subsequently process will be done on the basis of our legitimate interest in processing that data because of the relationship established (General Data Protection Regulation Art. 6(1)(f)). We will ask your consent to process any sensitive information, such as medical conditions , and process this information on the basis of that consent (General Data Protection Regulation Art. 6(1)(a)). Remember, you can email us on support@mhairitindall to change your information or request for removal of certain information from our systems or to ask questions about the way in which we process your information.
How we collect information
When you join one of Dance Fitness with Mhairi’s classes, we request that you provide us with basic information that will help us identify you and allow us to help you get personalised communication. Similarly, when you buy or enquire about a treasure trails, then we will also require basic information in order that we can continue to communicate with you and provide you with the best and quickest customer service.
We collect this information either
- In person from you, when you come to complete your PAR-Q form before taking part in a class.
- Via the website, when you buy an online purchase.
- Via Facebook, when you interact with our business pages.
The information you give us
- We need to be able to identify our dance class participants.
- This is basic information such as your full name, address and contact details
- We have a general “PAR-Q” information sheets which stands for “Physical Activity Readiness Questionnaire” which gives us an indication of your current fitness levels and any medical or physical attributes that might require us to modify your exercise when you participate in a class.
- You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide if you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include (but is not limited to) your name, address, e-mail address and phone number, date of birth, financial information, personal description, medical conditions.
The Information that we collect from you
- With regard to visits to our website and/or social media platforms, we may automatically collect the following information:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
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about your visit, including the full Uniform Resource Locators (URL) to, through and from our site (including date and time); order history, products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
How we use the information that you give us
- We use your email to circulate information regarding classes and share any relevant social news within our participating class members.
• notify you about changes to our service;
• provide you with products and services;
• ensure that content within our products, services and site is presented in the most effective manner for you and for your device;
• obtain your feedback in relation to our products, services or site.
Where you have indicated to us that you are happy for us to do so, we may also use this information to provide you:
• with information about other services we offer that are similar to those that you have already enquired about or receive from us; and
• with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you.
Information we collect about you
Examples of how we will use this information include (but are not limited to);
• to administer our services, and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your device;
• to allow you to participate in interactive features of our services, when you choose to do so;
• as part of our efforts to keep our services, site and premises safe and secure;
• to measure or understand the effectiveness of our service.
Disclosure of your information
We will keep your information within the ‘organisation’ except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you. We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
Please see below the list of services where we use third party data processors which sets out the categories of recipients of personal data.
SERVICE PROVIDED
IT Providers e.g. Digital data storage and IT Support
Email Providers
Online live chat platform
Independent review sites
Online payment gateways
Text messaging service
Website analytics
Storage Facility
Where we store your personal data
The data that we collect from you may be transferred to, and stored at a destination outside the European Economic Area (“EEA”). By providing us with your personal data, you agree to this transfer, storing and/or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
All information you provide to us is stored on our secure servers or on secure servers operated by a third party. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Your rights
- To be informed – We must make available this privacy notice with the emphasis on transparency over how we process your data.
- Access – You are entitled to find out what details we may hold about you and why.
- Rectification – We are obliged to correct or update your details.
- Erasure – This is also known as the request to be forgotten.
- Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.
- Data portability – You have the right to obtain and reuse your personal data that you have provided to us.
- Object – You have the right to object to us processing your data in relation to direct marketing and or profiling.
- Rights in relation to automated decision making and profiling – We do not use automatic decision making or processing.
Data retention
We will not store your data for any longer than is necessary. If you are a user of our services, then your information will be held for as long as you continue to use our services.
Changes to our privacy policy
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.
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