Member T&C’sOct 29, 2020 2020-12-23 10:11
TERMS AND CONDITIONS FOR USERS
The Web App contains access to a variety of health, fitness and well-being classes and courses that can be downloaded via a subscription service. We shall refer to them as “User Content” and or “Classes”. The Classes are provided by “Instructors and are accessed via online service delivery methods.”
Please read these Terms and Conditions carefully and ensure that you understand them. You will be required to read and accept these Terms and Conditions when signing up for an Account and purchasing a Subscription. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Web App immediately.
WHEN SETTING UP AN ACCOUNT AND BEFORE PURCHASING ANY SUBSCRIPTION YOU WILL BE REQUIRED TO READ, ACCEPT AND AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS TO INCLUDE THE HEALTH AND FITNESS WAIVER DISCLAIMER ATTACHED AT THE SCHEDULE.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means an account required to access and use Our Web App, as detailed in Clause 4;|
|“Consumer”||means an individual User who is to receive or use Our services comprising User Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;|
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Web App;|
|“Contract”||means the contract between Us and you for the purchase and sale of a Subscription to Our Web App, as explained in Clause 6;|
|“Order”||means your order for a Subscription;|
|“Subscription Confirmation”||means Our acceptance and confirmation of your Order;|
|“Subscription”||means a monthly subscription to access Our Web App, purchased in accordance with these Terms and Conditions;|
|“User”||means a user of Our Web App;|
|“User Content”||means health, fitness and well-being classes and courses delivered by Instructors created by them and/or uploaded in or to Our Web App which takes the form of digital content (including text, graphics, images and audio) and is delivered by a two-way synchronous live stream audio and/or video technology e.g. Zoom, GoTo Meeting, Skype, WebEx and or asynchronous live stream that has been recorded and downloaded; and|
|“We/Us/Our”||means Class-ify Health and Wellness Ltd, a limited company registered in England under company number 12796667, whose registered address is Kemp House, 152-160 City Road, London.|
- Information About Us
Our Web App is owned and operated by Class-ify Health and Wellness Ltd, a limited company registered in England under company number 12796667, whose registered address is Kemp House, 152-160, City Road, London, EC1V 2NX
- Access and Changes to Our Web App
3.1 Access to Our Web App requires a Subscription. Upon purchasing a Subscription, Our Web App will be available to you for the duration of that Subscription and any and all additional purchases of Classes and or subsequent renewals.
3.2 We may from time to time make changes to Our Web App.
3.3 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App;
3.4 Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Web App; and
3.5 We may develop and improve Our Web App over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
3.6 We will always aim to ensure that Our Web App is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.2. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web App.
4.1 An Account is required to use Our Web App and only a Consumer may purchase a Subscription.
4.2 You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use Our Web App, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We require that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act, as set out in Clause 21.
4.7 If you wish to close and delete your Account, you may do so at any time by contacting us at firstname.lastname@example.org Closing your Account will result in the removal of your information from Our system. If you have an active Subscription, your Account will remain active for the duration of the remainder of the Subscription period you are currently in. Closing your Account will cancel the auto-renewal of your Subscription, where applicable. Closing your Account will also remove any User Content that you have created or uploaded from Our system. Closing and deleting your account of your own volition does not entitle you to a refund on your Subscription.
- Subscriptions, Trial, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Web App) correspond to the actual services that will be provided to you. There may, however, be minor variations due to Instructor content and content and materials comprising the Classes from time to time.
5.2 Where appropriate, you may be required to select your required Subscription. Different types of Subscription provide access to different features in Our Web App. Please ensure that you select the appropriate Subscription when prompted.
5.3 We offer a free 7-day trial period. Payment for Subscription is taken but waived for the first 7 days. If you have found the User Content beneficial you can extend the Subscription to the monthly model we offer, and payment will be taken accordingly.
5.4 All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.
5.4 All Subscription prices are checked by Us when your purchase is processed. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before processing your purchase to ask you how you wish to proceed. We will not charge you or activate your Subscription until you respond. If We do not receive a response from you within 48 hours, We will treat your purchase as cancelled and notify you accordingly in writing.
- Subscriptions – How Contracts Are Formed
6.1 You will be guided through the Subscription process when you make a purchase. Before confirming a purchase, you will be given the opportunity to review your chosen Subscription and amend any errors in your Order. Please ensure that you check carefully before confirming your purchase.
6.2 No part of Our Web App, website or any other material constitutes a contractual offer capable of acceptance. By purchasing a Subscription, you are making Us a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (“the Contract”).
6.3 Subscription Confirmations contain the following information:
6.3.1 Confirmation of your chosen Subscription including full details of the main characteristics and features of Our Web App available as part of that Subscription;
6.3.2 Fully itemised pricing, including, where appropriate, taxes and other additional charges;
6.3.3 Details of the duration of your Subscription including the start date and the end and/or renewal date;
6.4 Subject to the cancellation provisions in Clause 8, once you have confirmed your Subscription purchase, your Subscription cannot be changed until the end or renewal date of that Subscription.
6.5 By purchasing a Subscription, you are expressly requesting that you wish access to Our Web App to be made available to you immediately (and will be required to acknowledge this). If you are a consumer, this will result in your right to cancel during the “cooling-off” period being lost. Please be aware that We do not offer any Subscriptions that do not begin immediately. For more details of cancellation, please refer to Clause 8.
7.1 Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription.
7.2 We accept payment by Stripe.
8.1 Consumers (but not business customers) in the UK and European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
8.2 Please note that, as explained in sub-Clause 6.5, because access to Our Web App is made available immediately upon the purchase of a Subscription, the 14-day cooling-off period does not apply.
8.3 In lieu of the 14-day cooling-off period, We offer a limited short-term cancellation right to consumers if you have purchased a Subscription by mistake or have allowed a Subscription to auto-renew when you did not want it to be renewed. Please contact Us within 48 hours of the start date of the Subscription at email@example.com Please note that this option is available only if you have not used Our Web App during the period of the Subscription that you wish to cancel. If We can trace any use of Our Web App to your Account during that period, you will not be able to cancel under this provision.
8.4 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
8.4.1 We have incorrectly described Our Web App or it is faulty (please refer to Clause 16 for more details); or
8.4.2 We have informed you of an upcoming change to Our Web App or to these Terms and Conditions that you do not agree to; or
8.4.3 We have informed you of an error in the price or description of your Subscription or Our Web App and you do not wish to continue; or
8.4.4 There is a risk that the availability of Our Web App may be significantly delayed due to events outside of Our control; or
8.4.5 We have informed you that We have suspended, or are planning to suspend, availability of Our Web App for a period greater than 24 hours; or
8.4.6 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.5 Subject to sub-Clause 8.4, non-renewing Subscriptions cannot be cancelled. (This is also subject to the short-term right set out in sub-Clause 8.3). Auto-renewing Subscriptions can be cancelled at any time, however (also subject to sub-Clause 8.4 and to sub-Clause 8.3), no refunds can be provided and you will continue to have access to Our Web App for the duration of the remainder of the Subscription period you are currently in. Cancelling an auto-renewing Subscription only prevents it from being auto-renewed.
8.6 To cancel a Subscription for any reason, please inform us by email at firstname.lastname@example.org
8.7 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
8.8 In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
8.9 If your Account is closed and your Subscription cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account and cancelled your Subscription in error, please contact Us at email@example.com
8.10 If your Account is closed and/or your Subscription is cancelled for any other reason, you will be refunded the remaining balance of your Subscription. The refund will be calculated based upon the price of your Subscription being divided by the total number of days in the Subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
- Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Web App to access health, fitness and well-being classes and courses for personal purposes, subject to these Terms and Conditions.
9.2 All Content included in Our Web App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
9.3 By accepting these Terms and Conditions, you hereby undertake:
9.3.1 Not to copy, download or otherwise attempt to acquire any part of Our Web App;
9.3.2 Not to disassemble, decompile or otherwise reverse engineer Our Web App;
9.3.3 Not to allow or facilitate any use of Our Web App that would constitute a breach of these Terms and Conditions; and
9.3.4 Not to embed or otherwise distribute Our Web App on any website, ftp server or similar.
- Links to Our Web App
10.1 You may link to Our Web App is hosted provided that:
10.1.1 You do so in a fair and legal manner;
10.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.1.3 You do not use any of Our logos or trade marks (or any others displayed on Our Web App) without Our express written permission; and
10.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
10.2 You may not link to Our Web App from any other website the content of which contains material that:
10.2.1 Is sexually explicit;
10.2.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
10.2.3 Promotes violence;
10.2.4 Promotes or assists in any form of unlawful activity;
10.2.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.2.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.2.7 Is calculated or is otherwise likely to deceive another person;
10.2.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
10.2.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
10.2.10Implies any form of affiliation with Us where none exists;
10.2.11Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
10.2.12Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
- Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third-party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
- User Content
You have the right to download the User Content. You agree that your participation in any of the Classes contained in the User Content and delivered by our Instructors is done so at your own risk
- Intellectual Property Rights and User Content
You acknowledge that all intellectual property rights subsisting in the User Content belongs to our Instructors and you will not copy, distribute, publicly perform or replicate with the express content of the Instructors.
- Acceptable Usage Policy
14.1 In addition to our Acceptable Use Policy We would like to remind you of the following. You may only use Our Web App in a manner that is lawful and that complies with the provisions of this Clause 14. Specifically:
14.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
14.1.2 You must not use Our Web App in any way, or for any purpose, that is unlawful or fraudulent;
14.1.3 You must not use Our Web App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
14.1.4 You must not use Our Web App in any way, or for any purpose, that is intended to harm any person or persons in any way.
14.2 We reserve the right to suspend or terminate your Account and/or your access to Our Web App if you materially breach the provisions of this Clause 14 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
14.2.1 Suspend, whether temporarily or permanently, your Account and/or your right to access Our Web App (for more details regarding such cancellation, please refer to sub-Clause 8.9);
14.2.2 Remove any of your User Content which violates this Acceptable Usage Policy;
14.2.3 Issue you with a written warning;
14.2.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.2.5 Take further legal action against you as appropriate;
14.2.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
14.2.7 Any other actions which We deem reasonably appropriate (and lawful).
14.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
15.1 We may feature advertising within Our Web App and specifically advertising relating to our Instructors.
15.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
15.3 We are not responsible for the content of any advertising in Our Web App. Our Instructors are responsible for the content of advertising material.
- Problems with Our Web App and Consumers’ Legal Rights
16.1 If you have any questions or complaints regarding Our Web App, please email Us at firstname.lastname@example.org
16.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Web App:
16.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Web App is comprised damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
16.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
16.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
17.1 No part of Our Web App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to health, fitness and well-being. We always advise seeking independent medical advice prior to taking up any of the Classes shown and we refer you to the Schedule attached for more information here.
17.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 16), insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Web App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
17.3 We make no warranty or representation that any particular result will be brought about as a result of taking part in any Classes. Results will differ from User to User depending on various factors, including, without limitation, body type, and nutrition.
17.4 We make reasonable efforts to ensure that the content contained within Our Web App is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Web App (and the content therein) is complete, accurate or up-to-date.
17.5 We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology to access the User Content. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it. Nor are we responsible for any problems with defects, speed, inadequacy or delivery of any of the third party online delivery platforms You use.
- Our Liability
18.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
18.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Web App or the use of or reliance upon any Content included in Our Web App.
18.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
18.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Web App or any Content included in Our Web App.
18.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
18.6 We exercise all reasonable skill and care to ensure that Our Web App is free from viruses and other malware. Subject to sub-Clause 16.2.1, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web App (including the downloading of any Content or any other website or service that We may provide a link to.
18.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
18.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
18.9 We do not supply or arrange for You to use any gym or exercise equipment. All equipment You need will be at Your own cost.
- Viruses, Malware and Security
19.1 We exercise all reasonable skill and care to ensure that Our Web App is secure and free from viruses and other malware. We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 18.6.
19.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
19.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web App.
19.4 You must not attempt to gain unauthorised access to any part of Our Web App, the server on which Our Web App is stored, or any other server, computer, or database connected to Our Web App.
19.5 You must not attach Our Web App by means of a denial of service attack, a distributed denial of service attack, or by any other means.
19.6 By breaching the provisions of sub-Clauses 19.3 to 19.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Web App will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
- Privacy and Cookies
- Data Protection
We will only use your personal information as set out in Our Privacy and Cookies Policy found here:
- Communications from Us
22.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Web App, and changes to your Account.
22.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link
22.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at email@example.com
- Other Important Terms
23.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us 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.
23.2 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.
23.3 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.
23.4 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) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
23.5 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.
- Changes to these Terms and Conditions
24.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Web App after the changes have been implemented. You are therefore advised to check this page from time to time.
24.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
- Contacting Us
To contact Us, please email Us at firstname.lastname@example.org
- Law and Jurisdiction
- 26.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- 26.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 26.1 above takes away or reduces your rights as a consumer to rely on those provisions.
- 26.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
a) Fitness, Health and Safety
You acknowledge and agree that:
(a) Any fitness training session (“Session”) may be physically strenuous.
(b) Certain particular or series of exercises or activities may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition.
(c) Due to the remote nature of online Session, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during a Session You fall ill or have an accident.
(d) Whilst the Instructor at each Session will be appropriately experienced and qualified as a fitness trainer and will be competent to conduct the Session, We provide trainers subject to “(e)” below. They are appropriately qualified and insured to conduct Sessions.
(e) Access to any Session and working with an Instructor is on the basis that it is subject to the following:
- Our Instructors are not medical or health professionals, and they do not have expertise to diagnose medical conditions or impairments;
- Any advice provided by an Instructor involved in a Session does not constitute medical advice and is not a substitute for advice provided by a medical professional;
- You voluntarily participate in a Session with full knowledge that even if an Instructor involved in the Session is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise or activity and use of any equipment used by You;
- We will endeavour to provide the same Instructor for each Session within Your Subscription but We may from time to time need for various reasons to substitute another Instructor for any one or more Sessions, including where the Instructor originally assigned to You is not available due to illness, personal reasons or any other reason resulting in Our not being able to make him/her available to You;
(f) When You setup an Account, and also when You purchase any Subscription, book and participate in any Session, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other Session comprised in any Subscription that You have purchased or subsequently purchase.
(g) You will ensure that You are fit and well enough to participate in any Session that You purchase, and that You will at all times be responsible for Your own state of health, physical condition and wellbeing.
(h) If You have any concerns about Your fitness or health, You will seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any Session.
(i) Where necessary, You must obtain clearance from a relevant professional medical or other adviser before You book or participate in any Session. We cannot and do not provide any such advice or clearance.
b) Advising Us about Your Health etc.
When You purchase a Subscription and at least 48 hours before You participate in any Session, We advise You to tell Us:
(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at a Session;
(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any exercise or activities at a Session or to use any equipment or facilities that You will or might use;
(c) Of any circumstances affecting Your health which may be worsened by any exercise or activities at a Session; and
(d) If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.
If You advise about the above, We will discuss with You any such matter that You tell Us. We will then inform You if We decide in Our discretion either
- not to accept Your order for a Subscription because of that medical, health or fitness issue or special need or
- to accept Your order, in which case You must act in accordance with any instructions provided by Us relating to the issue, and We will be entitled to rely on Your confirmation set out above.