Terms & Conditions
1. THESE TERMS
1.1 What these terms cover.
These are the terms and conditions on which we supply digital content to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the content 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 or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are.
We are M R BODY NETWORK LIMITED a company registered in England and Wales. Our company registration number is 09700313 and our registered office is at 30 City Road London EC1Y 2AB. Our registered VAT number is 197 7825 40. Our website at [body.network] is referred to as the “Site” in these terms and conditions.
2.2 How to contact us.
You can contact by writing to us at firstname.lastname@example.org.
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 or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order.
Our acceptance of your order will take place when we receive payment from you in accordance with these terms, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you. This might be because the product is no longer available, or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or for any other reason.
4.1 Digital content may vary slightly from descriptions.
The images on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. The video or digital content supplied may vary slightly from those images.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to video or digital content.
We may make changes:
- (a) to reflect changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 Updates to digital content.
We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5.3 Our right to vary content.
We have sole discretion about the content which is made available on the Site. We do not guarantee to continue to use particular suppliers.
5.4 Live content.
We may make significant changes during the workout in relation to the description on our website.
6. PROVIDING THE DIGITAL CONTENT
6.1 When we will provide the products.
During the order process we will let you know when we will provide the products to you. If the products are ongoing services and subscriptions, we will also tell you during the order process when and how to access these as well as how you can end the contract.
- (a) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
- (b) If the products are ongoing services or a subscription to receive digital content. We will supply the services, or digital content to you until the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control.
If our supply of the digital material is delayed or prevented 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.
6.3 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the product to reflect changes in relevant laws and regulatory requirements; or
- (c) the failure of a supplier to make content available to us; or
- (d) some other reason.
6.4 Your rights if we suspend the supply of services.
We will contact you in advance to tell you we will be suspending supply of services, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 2 weeks in any 3 month period we will adjust the price so that you do not pay for service while they are suspended. You may contact us to end your subscription if we suspend the service, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.5 We may also suspend supply of services if you do not pay.
If you do not pay us when you are supposed to (see clause 11.3), we may suspend supply of services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of services. As well as suspending the service we can also charge you interest on your overdue payments (see clause 11.4).
6.6 Suppliers responsible for content.
Our website provides a platform for other suppliers to make their digital content available to you. We are not responsible for the content provided by our suppliers and do not endorse any views expressed or information given by them.
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 substantially misdescribed you may have a legal right to end the contract, see clause 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 clause 7.2;
- (c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period and have not downloaded the material, 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 clause 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 (d) below the contract will end immediately and we will refund you in full for any services for which you have paid which have not been provided. The reasons are:
- (a) we have told you about an upcoming change to the services or these terms which you do not agree to;
- (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- (c) there is a risk that supply of the products may be significantly delayed because of events outside our control (see clause 6.4);
- (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks (see clause 6.4); 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 products 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 content which you have started to download; (b) services, once these have been completed, even if the cancellation 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 services (for example, subscription) If so, you have 14 days after the day we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- (b) Have you bought digital content for download or streaming? If so, you have 14 days after the day 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.
7.6 Ending the contract where we are not at fault and there is no right to change your mind.
If you do not have any other rights to end the contract you can still contact us before it is completed and tell us you want to end it (see clause 7.1). In the case of subscription services, the contract will not end until the next date on which a payment is due to be made by you in respect of your subscription being not less than a week after the day on which you notify us in writing of your wish to end the contract. In any other case you may give us a week’s notice in writing or simply not download any further content.
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 emailing us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract for a product at any time by writing to you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- (b) we reasonably believe you to be in breach of any of the terms of this agreement; or
- (c) on 7 days written notice to you for any reason.
9.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 9.1 we may charge you for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM
10.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org.
10.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product.
The price of the service or digital content (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 product advised to you is correct. However we have the right to cancel orders where an incorrect price is stated which is reasonably obviously a mistake.
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 product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 When you must pay and how you must pay.
When you must pay depends on what product you are buying:
- (a) For digital content, you must pay for the products before you download them.
- (b) For services, you must make an advance payment, before we start providing them.
11.4 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 5% a year above the base lending rate of Barclays Bank PLC 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.
You are not entitled to any refunds in respect of digital material which you have downloaded unless clause 7.1 (a) applies. You are only entitled to a refund in respect of subscription services in respect of any period in which services that you have paid for are suspended in circumstances set out under clause 7.2
If you purchase a subscription service it will automatically renew on the day after the end of the subscription for which you have paid and payment shall be deducted by the same method as you originally paid unless you cancel the service in accordance with clause 7.6.
12. YOUR RESONSIBILITY FOR YOUR HEALTH
12.1 Your responsibility for your health and medical advice.
By accepting these Terms and Conditions you are confirming that you have no health issue and have sought medical advice before undertaking any session offered on the Site.
12.2 Your responsibility to stop workout on becoming unwell.
It is your sole responsibility to stop the workout immediately if you feel it is affecting your health in any way or which may be exacerbating a current illness by continuing the session.
12.3 Your responsibility to take medical advice about specific conditions.
We advise you not to undertake strenuous physical activity without first seeking medical advice if you have concerns over their physical condition and wellbeing. However certain ‘medical’ and ‘Health specific’ workouts are specifically designed for particular illnesses such as but not limited to, Diabetes, weight loss, post-operative exercises, pre- operative, pre natal and post natal. These are clearly identified on the Site. Customers with low/high blood pressure and/or cardiac irregularities should seek medical approval before undertaking any specific workout at all times.
12.4 Your responsibility to follow instructions.
You are required to follow and responsible for ensuring that you follow the instructions of the instructor at all times.
12.5 Waiver of liability.
The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the contents of the Site and services are suitable for you. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself where it is requested. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this website (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant not to sue Body.Network Ltd or its instructors for any injury or death caused by their negligence or other acts. Any client questions or complaints please email email@example.com.
12.6 It is the customers responsibility to ensure that they are capable of undergoing a routine of exercises provided by any programme which he pays for.
Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.
Children under the age of 16 are not advised to undertake any workout session available on the Site.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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. 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.
13.2 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products 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.
13.3 Maximum liability.
Our maximum liability in connection with any loss or damage suffered by you shall be the higher of £25 or the amount you have paid to us for a particular service or download.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information.
We will use the personal information you provide to us:
- (a) to supply the services to you;
- (b) to process your payment; and
- (c) if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies.
Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
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.
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.
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 products, 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 products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.