THE BODY PROJECT
OUR TERMS AND CONDITIONS
Hello and welcome to our terms and conditions page.
As you will know by now, we try to keep all that we do very simple and straightforward. We’ve tried to do the same with our Terms and Conditions but, because they deal with the legal side of what we do, they are still quite wordy. If you don’t understand something, just let us know and we’ll do what we can to explain it.
Our Terms and Conditions have four parts and form a legal contract between you and us. The four parts are as follows:
o General Terms – which apply to all visitors to the Site, whether or not you subscribe.
o User Terms – the terms which apply when you subscribe (whether for our free or paid for services).
o Definitions – which define some of the words and phrases we use.
o Cancellation Policy – which defines the rights you have to cancel an order from us.
These Terms and Conditions apply to anyone visiting the Site, whether you order from us or not.
- YOU PROMISE US
You agree that:
You are over the age of 18 years.
You will have only one Account with us.
You will not pretend to be someone else when you use the Site.
If you link to another site through us, you will read their terms and conditions.
You will not use robots, spiders, scrapers or similar things on the Site.
You will not try to get around any things we put on the Site to stop or limit access to parts of it.
You will not do anything that might cause our systems to crash.
You will not steal the Site or any part of it for use in any other site or application.
You will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
You will not use our trademarks and/or designs and/or layout before asking us.
- INTELLECTUAL PROPERTY
2.1 We and our business partners own all of the IP and IPR on the Site and in the Services. Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.
2.2 We will retain ownership of any and all IPR that may subsist in the Services. We will grant to you a royalty-free, non-exclusive licence to use the IP solely for the purpose of enhancing your personal fitness and not for any purpose, whether commercial or otherwise.
2.3 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.
2.4 You may download and print any Material for your own use only, and not for any commercial or other use. None of the material contained in any printable form may be extracted, copied or otherwise used except as provided for in this clause.
3.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectations, but we are unable to guarantee that it will.
3.2 We are not able to guarantee that the Site will work with your device or will be secure or that any Plan will provide a benefit to you.
3.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.
3.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions and you must seek medical advice if you are at all concerned about the effect any Class may have on you.
3.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.
3.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.
4.1 When using any forums we may put up on the Site you agree to abide by the following rules:
_ You must not use obscene or vulgar language.
_ Nothing you submit can be unlawful or otherwise objectionable.
_ You must not publish material which may be abusive, threatening, harassing, defamatory, racist, ageist or sexist.
_ Nothing you submit may be designed to promote violence.
_ You must not post links to other sites which may break these rules.
_ You cannot use any forum to advertise.
_ You must not impersonate anyone else.
_ You may not post anything which contains any viruses, trojans, crawlers or anything else which might damage, interrogate or otherwise access our software, hardware or communications networks.
4.2 We have the absolute right to moderate all posts on the Site and to remove any post which we do not want.
4.3 When you submit a post you are warranting that you are the author of that post and that you own all rights associated with it and that we can repost it without paying or getting permission from anyone.
4.4 When viewing posts you accept that we are not the author and that any views expressed may not be our views.
4.5 If you see a post which you find objectionable, tell us as soon as you can and we will consider whether or not it should be removed.
4.6 It is your responsibility to keep your password secure and to remember it.
- AVAILABILITY OF THE SITE
5.1 We never guarantee that the Site will be available all the time and if it is not available for any reason you cannot hold us responsible for anything you lose as a result.
5.2 We have the right to change the Site and the Services it offers, suspend it or stop it at any time, without compensating you.
- LIMITATION OF LIABILITY
6.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.
6.2 We have no control over, and therefore have no responsibility for, the actions of any third party who is not engaged by us (either as director, employee or sub-contractor) or for any actions which have been perpetrated by others using the Site without our permission.
6.3 Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence, or fraud, on our part.
- LINKS TO OTHER WEBSITES
7.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.
7.2 We are not responsible for evaluating other sites to which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.
7.3 A link to another site does not mean that we endorse or recommend that site.
7.4 We can never guarantee that a link that we offer will work.
- MODIFICATIONS TO THESE TERMS AND CONDITIONS AND THE SITE
8.1 These Terms and Conditions will change from time to time and we do not have the resources to let all our visitors know about the changes.
8.2 Each time you visit the Site, you agree to look at this page to see if we have changed any Terms and Conditions.
8.3 We may change the Site as often as we choose, and these Terms and Conditions will still apply to any changes we make.
- DATA PROTECTION AND PRIVACY
You and we both agree to comply with the Privacy & Cookie Notice which forms part of the Agreement.
- NO WAIVER
No failure by us to enforce any provision in these Terms and Conditions will constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure will not be deemed to be a waiver of any preceding or subsequent breach and will not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the rest of these Terms and Conditions and the remainder of the provision in question will not be affected.
- THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions has any rights under the Contracts (Rights of Third Parties) Act 1999.
- FORCE MAJEURE
No party to these Terms and Conditions, and any Agreement made under them, shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
- ADDITIONAL TERMS
14.1 Operative Law – These Terms and Conditions and any Agreement under which they operate are made under the laws of England and Wales and that is the only jurisdiction which can govern them.
14.2 Partnership/Joint Ventures – We are not entering into a partnership or co-venture with you.
14.3 Effect – These Terms and Conditions supersede all previous Terms and Conditions and represent the entire understanding between you and us.
14.4 Time of the Essence – Time will not be of the essence in any part of these Terms and Conditions.
14.5 Notices – If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.
14.6 Entire Agreement – These Terms and Conditions contain the entire understanding between us.
- A BINDING CONTRACT
1.1 A binding agreement, under the following terms, will come into existence between you and us as soon as we confirm to you that we have accepted you as a Subscriber or an order for Products from you. That acceptance will be in the form of an email (“Acceptance Email”).
1.2 Until you receive the Acceptance Email, no contract exists between you and us and either you or we may cancel the request for the Services. In that event, we will refund any and all monies you have paid us, using the method by which you paid us.
1.3 On receipt of the Acceptance Email, if you are a Consumer, you are entitled to the Cancellation Rights which last for 14 days from the date of the Acceptance Email.
1.4 By making an Agreement with us, you are confirming the Declaration and Warranty and the Release and Waiver, contained at the end of this section of the Terms.
- WHAT YOU CAN EXPECT FROM US
2.1 We will provide the Services with reasonable skill and care, consistent with best practices and standards in the fitness profession, and in accordance with any information provided by us about the Services and about us.
2.2 If we require any action from you as part of any Class, and you fail to follow it, or it is incomplete or otherwise incorrect, we will not be responsible for any issues caused as a result.
2.3 If you do not pay us for any paid for Services, we may suspend them until you have paid all outstanding sums due. We will not be responsible for any loss or damage caused to you as a result.
- WHAT WE EXPECT FROM YOU
3.1 You will follow any reasonable instructions we issue to you. You accept that we cannot be responsible if you suffer any loss, damage or injury as a result of failing to follow our instructions.
3.2 You must comply with the following rules:
3.2.1 If you are not well you must not use the Services.
3.2.2 You may only use equipment we suggest that you use, in the correct manner and must not use it in any way which may cause harm to you or to others.
3.2.3 If you have any medical condition or are taking any medication you must ask your doctor before you start any Class and comply with any instructions s/he gives you.
3.2.4 You must not undertake a Class under the influence of alcohol or illegal drugs.
3.2.5 You must not undertake any Class immediately following a heavy meal.
3.2.6 You will pause the Class if you are out of breath, feel unwell or need to take a break.
3.2.7 You will ensure that, before the start of any part of any Class, you will have with you a sufficient amount of water and that you take time to remain hydrated throughout the Class.
YOU MUST NOT TAKE PART IN ANY CLASS IF YOU HAVE ANY CONCERNS ABOUT YOUR MEDICAL CONDITION.
3.3 The IPR in the Services is valuable and your right to use it is limited to the licence given in clause 2 of the General Terms; you acknowledge that breach of that clause could result in serious damage to our business and that money alone is not likely to be a sufficient solution. In the event of a breach of clause 2 of the General Terms, we may take injunctive or other action against you.
3.4 You agree not to use, and to delete from all of your equipment, any resources of any nature you have obtained from us pursuant to your agreement with us, as soon as your Membershio has expired or has been terminated.
3.5 You warrant that you are a Consumer and are not using our Services for profit, gain or for any other commercial purpose.
- ORDERS, FEES AND PAYMENT
4.1 If you wish to purchase a Product from us no contract for the supply of that Product will come into effect until we have emailed you to confirm that the order will be fulfilled.
4.2 The Product and the risk in it, will become your property as soon as we have passed it to a carrier. Until that time, we may cancel the order and our only liability to you will be the return of all monies you have paid to us.
4.3 The Cancellation Policy applies only if you are a consumer and by making an order with us, you are warranting that you are a consumer and not buying any Product for trade or commercial purposes.
4.4 You will pay us the Fee, or the Price for any Goods you wish to buy from us, in advance.
4.5 Memberships cannot be transferred to another person.
4.6 Memberships are non-refundable even if you do not use the Services.
4.7 Your Subscription will “auto-renew” at the end of each period for which it was paid, unless you tell us at least 14 days before the renewal date that you do not wish to renew your Subscription.
4.8 If you pay us later than the due date for any payment we may deny you access to the Services.
4.9 Your Membership is valid only for the period you and we have agreed in the Plan and no untaken Classes may be taken after the expiry of the Plan.
4.10 We may suspend or cancel your Plan at any time without notice and without refund if we find that you have:
4.10.1 committed a serious breach of these Terms;
4.10.2 committed a series of minor breaches of these Terms and have failed to comply with our reasonable requests to remedy those breaches;
4.10.3 a medical condition which we (in our absolute discretion) feel is not appropriate for the exercise you want to carry out.
4.11 We cannot guarantee any delivery time we provide for the delivery of Products.
4.12 Should you order a product which is supplied by one of our affiliates (including but not by way of limitation, Teespring) your order is with that affiliate and not with us and any issues with such order must be raised with the appropriate affiliate.
5.1 If you want to use the Services, you must have an Account.
5.2 When you create an Account you promise that:
_ All information you give us is accurate and truthful.
_ You will keep this information accurate and up-to-date.
_ You will not share your Account with anyone else.
_ You will keep your Account details confidential.
_ You will not give your password to anyone else.
5.3 We may close your Account if you break these Terms and Conditions or if there has been no activity on the Account for six months and you do not reactivate the Account after we have requested that you do so.
5.4 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
5.5 If you change your email address at any time you must tell us.
5.6 You can cancel your Membership at any time; all you need to do is email us at [email protected]
- LIMITATION OF LIABILITY
6.1 We deny, as far as we are legally able, all liability for any losses you may incur if you do not follow these Terms and Conditions and any advice or instruction given to you in a Class.
6.2 In any event, we are not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.3 We have no liability for compliance with any laws, regulations or rules which apply to the country in which you use the Services. You agree that all responsibility relating to the legality of any products or services you acquire from us with you and you alone.
6.4 Nothing in these Terms and Conditions limits our liability:
_ for death or personal injury caused by our negligence;
_ under section 2(3) of the Consumer Protection Act 1987;
_ for fraud or fraudulent misrepresentation; or
_ for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6.5 Nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you as a Consumer under:
6.5.1 the Consumer Rights Act 2015;
6.5.2 the Regulations;
6.5.3 the Consumer Protection Act 1987; or
6.5.4 any other consumer protection legislation
as that legislation is amended from time to time.
7.1 We have the right to end our Agreement with you immediately and by email and to refuse you the use of the Services, if you break any of these Terms and Conditions.
7.2 You may cancel the Services, at any time, by giving us notice at any time but all Fees unpaid at that time and for the balance of the Term will remain due and payable.
7.3 We may cancel our Agreement with you at any time, without notice or reason, and in that event, we will refund to you any unused portion of the Fee. We will have no liability to you, of any nature, save for refunding the unused portion of the Fee, on such cancellation or removal.
- EFFECTS OF TERMINATION
Upon the termination of the Agreement for any reason:
8.1 any sum owing by either party to the other under any of the provisions of the Agreement shall become immediately due and payable;
8.2 all clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
8.3 termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of the Agreement which existed at or before the date of termination;
8.4 subject as provided in this clause 8 and except in respect of any accrued rights, neither party shall be under any further obligation to the other;
8.5 the Intellectual Property Rights licence granted under clause 3 shall terminate and you shall forthwith cease to use, either directly or indirectly, any such Intellectual Property Rights, and shall forthwith return to us any such material in your possession or control.
The Agreement is personal to you and us and you may not assign, mortgage, charge (otherwise than by floating charge) or sub-license or otherwise delegate any of your rights hereunder, or sub-contract or otherwise delegate any of your obligations hereunder without our written consent.
10.1 If you are a Consumer you have a statutory right to cancel your Agreement with us up to 14 days after the Agreement has been formed. You may cancel the Agreement with us for any reason under this right.
10.2 As we provide a 14-day period during which you can use the Services at no charge, this will count as the period for clause 10.1. If you wish to cancel, just tell us that you want to do so within that period, and we’ll not take your Subscription and we will cancel your Account.
10.3 If you wish to exercise your right to cancel under this clause, you must tell us as soon as possible. You may do so in any way that is convenient for you. Please ensure that you tell us of your decision to cancel before the period in clause 10.1 expires (note that the cancellation period is defined as whole Calendar Days). You may contact us by email on [email protected].
10.4 Any refund to which you may be entitled under this clause will be issued to you no later than 14 Calendar Days after the date on which you tell us that you wish to cancel.
10.5 Refunds under this clause 10 will be made using the same payment method you used when making payment to us.
10.6 Should you wish to cancel the Agreement after the period referred to in clause 10.1 or if you have chosen to ignore your right to cancel, clause 7 will apply.
|DECLARATION AND WARRANTY
THIS DECLARATION IS IMPORTANT. DO NOT AGREE OUR TERMS AND CONDITIONS UNLESS YOU HAVE READ AND UNDERSTAND THE DECLARATION YOU ARE MAKING
|I warrant that I have taken or will take appropriate professional advice in connection with any medical condition from which I suffer and which may affect my ability to use the facilities you provide before I start any Class you offer and that I will comply with any advice which has been given to me.
I promise that if my medical condition changes whilst I am undertaking any Class, I will immediately stop participating in such Class and I will not continue with such Class unless and until my doctor confirms that I may do so.
|RELEASE AND WAIVER|
|I wish to take part in an exercise programme being run by you and agree the following:
_ My participation in all workout is voluntary and I will abide by all advice rules and regulations laid down by you or by your instructors at all times.
_ I know that certain conditions may occur when I take exercise which cannot easily be predicted and these include:
heart rate or blood pressure changes
poor heart function
in severe situations, heart attack or stroke.
_ I have been advised to talk to my doctor before undertaking any Classes with you.
_ I have been informed that:
o your programme involves possible risks to my health;
o I am SOLELY responsible (at all times) for deciding whether I should take part or not;
o neither you nor your instructors nor any member of your staff nor your directors nor anyone acting on your behalf has participated in any decision concerning my ability to take part;
o as far as I am legally able to release such persons and bodies, I release them from all and any liability arising out of my participation in the programmes you operate save and except arising out of their negligence.
The following words have the following meanings:
|We, Us, Our||means Body Project Systems Limited, Flat 6 Burnham House, York Road, Torquay TQ1 3SG. Company Number 08603592.|
|Site, Website||means www.teambodyproject.com|
|You, Your||means a visitor to the Site, a Subscriber or someone who wishes to use the Services.|
|Account||means the account we may require you to open, if you wish to use the Services.|
|Agreement||means the agreement you make with us, if you wish to use the Site.|
|Cancellation Rights||means the cancellation rights you may have under the Regulations.|
|Class||means any class or workout video which forms part of any Plan.|
|Consumer||means a consumer, as defined by the Regulations.|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.|
|Fee||means the fee (if any) we charge you for using the Services.|
|IP||means Intellectual Property and all rights associated with the use of that Intellectual Property.|
|IPR||means Intellectual Property Rights and includes copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that we may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant).|
|Material||means any recorded material which appears on the Site, all images on the Site, all written material, including books, e-books, guides, blogs, all Plans and Classes and other matter and any other matter of any nature the IPR of which belongs to us or those affiliated to us.|
|Membership||Means the membership you acquire when you become a Subscriber|
|Plan||means any exercise programme, whether or not provided by video, offered by us on the Site.|
|Product||means any goods or products we supply through the site.|
|Regulations||means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.|
|Services||means the services we offer through the Site.|
|Subscriber||means any user subscribing to receive our Services – free or paid for.|
|Subscription||means the payment you make for paid Services|
|Term||means the term of the Plan for which you have subscribed.|
|Terms and Conditions||means the terms and conditions contained herein.|
|User||means any person, firm or company using the Site.|
OUR CANCELLATION POLICY
INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL THIS CONTRACT
RIGHT TO CANCEL
You may have the right to cancel the contract, formed under these terms at any time, and a full refund within 14 days without giving any reason. This right applies only if you are a consumer.
The 14-day period will start from the day you upgrade to premium membership.
To exercise the right you can follow the steps in this article:
EFFECT OF CANCELLATION
If you cancel this contract, we will repay you all payments you have made to us.
If you want a refund you must notify us within 14 days
DELETE YOUR ACCOUNT
Please request this directly to our support team, to remove your account and all data and take your emails off our database.