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TERMS AND CONDITIONS FOR THE SUPPLY OF
A BODY FOREVER LIMITED’S SERVICES
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 3 – YOUR RESPONSIBILITIES AND 13 – LIMITATION OF LIABILITY.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you, which may include goods and digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us as this document forms the basis of the contract between you and us. These terms tell you who we are, how we will provide services 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 Who we are. We are A Body Forever Limited a company registered in England and Wales. Our company registration number is 12100061 and our registered office is at Eighth Floor New Street Square, New Fetter Lane, London, England, EC4A 3AQ.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org or A Body Forever, PO Box 77952, London, N5 9EL.
2.3 How we may contact you. 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.
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Your responsibilities – YOU MUST READ THIS SECTION
3.1. If you are pregnant, breastfeeding, lactating or have given birth within the last 6 months. If you are participating in our prenatal or postnatal programmes, you acknowledge and agree that:
a) You will only participate in the programme if you have consulted with your medical or other appropriate health practitioner to confirm that you are able to do so. You will take full responsibility for your participation in the classes and ABF and the teachers of the prenatal or postnatal programmes are not responsible for determining the appropriate level of your participation in any Content. You agree that as well as making sure you understand clause 3.2, if you feel unwell or uncomfortable at any point during your use of the ABF platform, you must stop exercising immediately and consult with your health practitioner or midwife;
b) You understand that ABF and the teachers of the pre or post natal programmes are not medical professionals and cannot provide you with any medical, health or wellbeing advice during or relating to the prenatal or postnatal programmes; and
c) ABF, its respective directors, officers, parents, subsidiaries, affiliates, agents, and the teachers of the prenatal or postnatal programme, shall not be responsible for any and all claims, demands, personal injuries, costs, or expenses (including legal fees) arising from or relating in any way to your or your child’s (whether born or unborn) participation in the prenatal or postnatal programme (as applicable), now or in the future, except where we are not legally allowed to exclude our liability.
3.2 You acknowledge and agree that:
(a) you must be 18 years or older to be eligible to be a subscriber to the ABF platform;
(b) nothing contained on the ABF platform or our website is intended nor should be taken as constituting medical or health care advice;
(c) ABF makes no warranty or representations of any kind in relation to the accuracy or appropriateness of the Content including any advice, guidance or tips offered through the ABF Platform or our website;
(d) there is a risk of injury to you or third parties associated with your participation in training sessions, programmes, courses and use of gym equipment;
you must stop any exercise immediately if you start to feel unwell during your use of the ABF platform such as chest pain.
3.3 You are agreeing to accept full responsibility for your actions and any injury or illness caused as a result of your use of any aspect of the ABF platform including using the Content. You understand and acknowledge that agreement of these terms and conditions indicate acceptance that you understand there are dangers and risks when engaging in exercise activities and you agree to indemnify and hold harmless ABF and its employees against any and all liability incurred as a result of your participation in the activities provided. We will not accept any risk of injury to your person or property through the use of the ABF platform, unless this has been caused by our negligence. This clause is subject to clause 12 below.
3.4 We reserve the right to cancel your subscription if we have cause to believe that you have used the Content other than as recommended in these terms.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you confirming that your order has been processed, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the services.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5. Our rights to make changes
5.1 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. When you purchase digital content, you accept that the videos available to you will change from time to time.
6. Providing the services
6.1 When we will provide the services. You will be able to access the services upon acceptance of your order. Your access to the services will end when your contract with us is terminated in accordance with clause 7. If the services are goods. If the services are goods we will deliver them to you as soon as reasonably possible and we will contact you with an estimated delivery date after we accept your order.
6.2 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we will attempt to redeliver the goods. You may be liable for any redelivery costs that are incurred.
6.4 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
6.5 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.6 When you own goods. You own a product which is goods once we have received payment in full.
6.7 If the services are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in 8 or we end the contract by written notice to you as described in 10.
6.8 We are not responsible for delays outside our control. If our supply of the services is delayed or impacted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, your email address and fitness level. If so, this will have been stated in the description of the services on our website. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as requested by you or notified by us to you (see 5).
6.10. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for an unreasonable length of time, we will adjust the price so that you do not pay for services while they are suspended.
6.11 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see 11.4), we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see 11.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see 11.5).
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service repaired or replaced or a service re-performed or to get some or all of your money back), see 10;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see 7.2;
(c) If you have just changed your mind about the service, see 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 5) :
(b) we have told you about an error in the price or description of the goods or digital content you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital services after you have started to download or stream these;
(b) goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) services, once these have been completed, even if the cooling-off period is still running.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the service is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. If your contract is for digital services, the contract will end immediately. You will be entitled to access the digital content for the length of time you have purchased, and you will not be charged any further amounts. You will not be refunded for your purchase. In the event that you have purchased a 6 or 12 month subscription and you would like to cancel before this time, you are entitled to stop using the services but you will not receive any money back for your purchase, unless otherwise agreed with us.
8. How to end the contract with us (including if you have changed your mind)
8.1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at A Body Forever, PO Box 77952, London, N5 9EL, or (if they are not suitable for posting) allow us to collect them from you. Please email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.5 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
8.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind where the service is the supply of digital content, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind, or after the goods are received by us if you have bought goods.
9. Our rights to end the contract
9.1. We may end the contract if you break it. We may end the contract for a service at any time by writing to you if:
(a) you do not make any payment to us when it is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the service. We may write to you to let you know that we are going to stop providing the service. We will let you know at least one month in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
10. If there is a problem with the service
10. 1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at email@example.com or at A Body Forever, PO Box 77952, London, N5 9EL.
10.2. Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
10.3. Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the service. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also 7.3.
If your service is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11. Price and payment
11.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see 11.3 for what happens if we discover an error in the price of the service you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept payment with all acceptable forms of payment under the Stripe platform (https://stripe.com/)]. When you must pay depends on what service you are buying:
(a) For goods, you must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.
(b) For digital content, you must pay for the services before you download them.
11.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at 10.2. We will limit our liability to you as specifically outlined at the beginning of these terms at clause 3.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We will not be liable for the introduction of any virus, malware, or malicious software introduced onto your system.
12.4 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
14. Intellectual Property
14.1 Intellectual Property Rights mean any patents, rights to inventions, copyright and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
14.2 All Intellectual Property Rights in or arising out of or in connection with the digital content or services we provide to you (other than right contained in any materials provided by you) shall be owned or properly licensed by us.
14.3 We grant to you a fully paid-up, worldwide, non-exclusive, royalty-free licence, during the period we are providing you with any services, to copy and use the content we provide you (usage not to be limited, but copies to be limited to one (1)), for the purpose of receiving and using the services as may otherwise be set out on our website or within an order form.
14.4 You will not be allowed to sub-license, assign or otherwise transfer the rights granted to you by clause 14.3.
14.5 You are not allowed to share your log-in credentials with any other person. Your username and password are for your use only, and your purchase of the subscription services and digital content cannot be shared with anyone else. If we discover you have been sharing digital content with people who have not purchased the services, you will be charged and your access to the services may be suspended or cancelled. We may also charge you for the reasonable costs of investigating, and any other costs and expenses associated with this.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may only disagree where it is reasonable for us to do so.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. 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. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.