Terms & Conditions

Health and fitness subscription website terms and conditions: cover

1.     This template legal document was produced and published by SEQ Legal LLP.

2.     We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.

3.     The current version of our terms and conditions is available at: http://www.website-contracts.co.uk/our-terms-and-conditions.html.

4.     You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. "ORs" in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.

5.     The template is intended for use on websites that are run by operators situated in England and Wales and focused on users situated in England and Wales; it can be adapted for use in relation to other jurisdictions, although this should only be done by someone with the requisite familiarity with the law of the relevant jurisdiction.

6.     If you have any doubts about the editing or use of this template, you should seek professional legal advice.

7.     You may be able to get free legal guidance using our public Q&A system, available at: http://www.seqlegal.com/questions.

8.     You can request a quote for legal services (including the adaptation or review of a legal document produced from this template) using this form: http://www.seqlegal.com/request-quote.

 

Terms and conditions of use

1.      Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 12 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 12 years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.      Copyright notice

2.1    Copyright (c) 2018 Identity Pro Ltd

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.      Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser.

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.      Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

5.      Use on behalf of organisation

5.1    If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)    yourself; and

(b)    the person, company or other legal entity that operates that business or organisational project,

        to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6.      Registration and accounts

6.1    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.2    You must not allow any other person to use your account to access the website.

6.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.      User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8.      Cancellation and suspension of account

8.1    We may:

(a)    edit your account details;

(b)    temporarily suspend your account; and/or

(c)    cancel your account,

        at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 8.1.

8.2    You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9.      Subscriptions

9.1    To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force

9.2    You will have the opportunity to identify and correct input errors prior to making your order by writing to info@identitypro.co.uk.

9.3    For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

9.4    We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

9.5    At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.

10.    Fees

10.1  The fees in respect of our website services will be as set out on the website from time to time.

10.2  All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

10.3  You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11.    Distance contracts: cancellation right

11.1  This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

11.2  You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

        subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.

11.3  You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b)    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the info@identitypro.co.uk email address. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5  If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6  We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7  We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

12.    Report abuse

12.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

12.2  You can let us know about any such material or activity by contacting info@identitypr.co.uk.

13.    Health and fitness information

13.1  Our website contains general primary subject matter.

13.2  The primary subject matter is not advice and should not be treated as such.

13.3  The primary subject matter on our website is provided without any representations or warranties, express or implied.

13.4  Without limiting the scope of Section 15.3, we do not warrant or represent that the primary subject matter on this website:

(a)    will be constantly available, or available at all; or

(b)    is true, accurate, complete, current or non-misleading.

13.5  You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake, whether or not such exercise programme uses the primary subject matter published on this website.

13.6  If you are pregnant or suffer from any medical or physical condition or disability, you should not make any changes to your diet, nutrition, lifestyle, activities or exercise programmes based on the primary subject matter published on our website without first consulting your doctor or another suitably qualified professional.

13.7  You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

13.8  If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

13.9  If you think you may be suffering from any medical condition, you should seek immediate medical attention.

13.10 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

13.11 Subject to Section 17.1, we will not be liable to you in respect of any loss, injury or damage you may suffer as a consequence your reliance upon the information published on our website.

14.    Limited warranties

14.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

14.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

14.3  To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

15.    Limitations and exclusions of liability

15.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

15.2  The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:

(a)    are subject to Section 15.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

15.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

15.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.6  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.6 shall not apply.

15.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 15.7 shall not apply.

15.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15.9  Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed;

 (a)   the total amount paid and payable to us under the contract.

16.    Indemnity

16.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

17.    Breaches of these terms and conditions

17.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

17.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

18.    Trade marks

18.1  We give no permission for the use of the Identity Pro Ltd logo and such use may constitute an infringement of our rights.

18.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

19.    Variation

19.1  We may revise these terms and conditions from time to time.

19.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions

20.    Severability

21.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

23.    Entire agreement

23.1  Subject to Section 15.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

24.    Law and jurisdiction

24.1  These terms and conditions shall be governed by and construed in accordance with English law.

24.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

25.    Statutory and regulatory disclosures

25.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

25.2  These terms and conditions are available in the English language only.

25.3  We are registered in The Register of Companies for England and Wales. Our registration number is 10801409.

25.4  We are registered as Identity Pro Ltd with the Register of Companies for England and Wales in the United Kingdom.

25.5  The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.[ The online dispute resolution platform may be used for resolving disputes.

26     Our details

26.1  This website is owned and operated by Identity Pro Ltd

26.2  We are registered in England and Wales under registration number 10801409  

26.3  You can contact us:

 (a)   by email on info@identitypro.co.uk