- These terms
- What these terms cover. These are the terms and conditions on which we supply services and digital content to you.
- Why you should read them. Please read these terms carefully before you order or subscribe with us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
- Who we are. We are Inspirefit Limited a company registered in Scotland. Our company registration number is SC456437 and our address is 5 Dickson Street, Elgin Industrial Estate, Dunfermline KY12 7SD. Our registered VAT number is GB188793730.
- How to contact us. You can contact us by telephoning our customer service team at 01383 223323 or by writing to us at firstname.lastname@example.org or 5 Dickson Street, Elgin Industrial Estate, Dunfermline KY12 7SD.
- 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 registration.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
- How to place an order. To place an order with us you must first create an account on our website or mobile app by completing the form on our new account page. In order to create an account with us you must:
- be at least 18 years old;
- provide accurate information.
Once you have created an account, you can place an order on our sign up page
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the order. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services.
- Your account. You are responsible for maintaining your account, which means:
- you must keep the personal information on your account accurate and up to date and notify us of any changes on your health screening form;
- you must not impersonate someone else or provide any false information; and
- you must not share your password with anyone and must keep it confidential.
We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these terms.
If you know or suspect that anyone other than you knows your user password, you must change it immediately and notify us within 24 hours.
- The duration of your subscription. Your subscription will last initially for one month from the date of your order. If you have selected the autorenew option, it will automatically renew for a further month at the end of each monthly period (provided that your payment is collected) until you end the contract. If payment for a subsequent month is not made (due to expired payment details or otherwise) your subscription will automatically lapse at the end of the preceding subscription month. If you do not select autorenew, you must pay for any subsequent months before the end of your current month or your subscription will lapse.
- The duration of your class pass. Your class pass is time limited and the number of classes on the pass must be used within the stated time. The time limit will as indicated on the order page when you place your order. Your class pass will expire on the earlier of (a) the end of the time limit; and (b) your use of the full number of classes permitted by the pass.
- We only sell to the UK. Our website is for the promotion of our services and digital content in the UK. These terms are governed by UK law and are written in accordance with UK consumer law. If you would like to register with us or place an order with us and you are not resident in the UK, we recommend you take appropriate legal advice before doing so.
- Your safety
Nothing provided by us in the services constitutes medical advice. Consult your doctor before undertaking any new exercise activity and follow their advice. Do not use our services if you are pregnant or have a history of medical conditions or injuries without first obtaining the approval of an appropriate medical professional. You must follow all safety and other guidance provided by us. If you feel unwell in any way during any of our workouts, you should STOP immediately and seek appropriate help. You must exercise within your limits. By ordering a subscription or class pass with us, you are confirming that you have and will comply with this clause.
- Your right to make changes
If you wish to change the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which is necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
- Our right to make changes
- Changes to the content. A subscription to our on demand services provides access to our on demand content as it is varied from time to time. The content available will be regularly updated and changed, and features and functionality may be added or removed from time to time. You agree that the content is variable and may change at any time without notice.
- Changes to the price. We may change our monthly subscription fee at any time. If we make such a change, we will notify you and you may then contact us to end the contract at the end of the monthly period before the changes take place. Otherwise, they will automatically apply to the subsequent months of your subscription.
- Minor changes to the services. We may change the services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These technical changes are not intended to lessen the value or duration of the exercises nor affect your use of the services.
- Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to (a) end the contract before the changes take effect and (b) receive a refund for any remaining unused period of your subscription or class pass.
- Updates to digital content. We may update or require you to update digital content, provided that the upgraded digital content matches the description of it that we provided to you before you ordered it.
- Providing the services
- When we will provide the services. We will supply the services and digital content to you until (a) your purchased service expires or lapses, or (b) you end the contract as described in clause 8, or (c) we end the contract by written notice to you as described in clause 10.
- We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control, we will contact you upon becoming aware of the problem and we will take steps to minimise the effect of the delay or disruption. Provided we do this we will not be liable for minor delays caused by the event but, if there is a risk of substantial delay or disruption, you can end the contract.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in the description of the service on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
- deal with technical problems or make minor technical changes;
- update the content to reflect changes in relevant laws and regulatory requirements;
- make changes to the services as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of services. Unless the problem is urgent or an emergency, we will contact you in advance to tell you we will be suspending supply of the services.
- We will suspend supply of the services if you do not pay. If you do not pay us in advance for subscription services (see clause 4), we will suspend supply of the services at the expiry of the paid up subscription period.
- Your rights to end the contract
- You can 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:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or have a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the services, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
- In all other cases (if we are not at fault and the cooling-off period to change your mind has expired), see clause 6.
- Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end when you tell us you have ended it and we will refund you in full for any services which have not been provided. The reasons are:
- we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 4);
- we have told you about an error in the price or description of the services you have registered for and you do not wish to proceed;
- there is a risk that supply of the services may be significantly delayed or disrupted because of events outside our control;
- we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three hours in any period of one week; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are summarized in these terms, but please refer to the Regulations themselves if you require more information.
- When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- digital products after you have started to download or stream these; and
- services, once these have been completed, even if the cancellation period is still running.
- How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought services (for example, a subscription to online streamed content)? If so, you have 14 days after the day we email you to confirm we accept your registration. However, once we have completed provision of the services you cannot change your mind, even if the cancellation 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.
- Have you bought digital content for download or streaming (for example, you purchase a specific workout)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed. A contract for digital content is completed when the product is downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. A contract for subscriptions will not end until the end of the subscription month during which your notice is given. A contract for a class pass is time limited and not refundable.
- How to end the contract with us (including if you have simply changed your mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01383 223323 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.
- By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered it and your name and address.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your statutory right under the Cancellation Regulations to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind. If you tell us by post, the 14 days will begin when we receive your posted letter.
- Our rights to end the contract
- We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you a reasonable amount of compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the services. We may write to you to let you know that we are going to stop providing the services to you. Except where our withdrawal is caused by events beyond our control, we will let you know at least one month in advance of our stopping the supply of the services to you and will refund any sums you have paid in advance for services which will not be provided.
- If there is a problem with the services
- How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 01383 223323 or write to us at firstname.lastname@example.org or 10 Maclean Way, Pitreavie Castle, Dunfermline KY11 8SW.
- Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand for provision of the service, it must be carried out within a reasonable time.
- Price and payment
- Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you order, as adjusted under clause 2. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.
- 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 services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment with all major credit and debit cards. Payment must be made in advance at the time of ordering. If you select the autorenew option for a subscription, we will store your payment details and you will be automatically be charged for each subsequent month until you cancel.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen if we breach the contract or if, at the time the contract was made, both we and you had notice that it might happen, for example, if you discussed it with us during the sales process and we agreed in writing to accept liability for that extra possibility occurring.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 2 and for defective products under the Consumer Protection Act 1987.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to follow installation instructions properly or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We only supply the services for domestic and private use. You are not permitted to use them for any commercial, business or re-sale purpose. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not responsible for:
- any unauthorised use of the services;
- any interruption of the services caused by unforeseen circumstances;
- incompatibility of our services with any hardware, software or devices;
- any action by third parties (including platforms, suppliers and device manufacturers) which are beyond our reasonable control; and
- viruses, bugs or errors existing in or arising from your use of our services.
- How you may use material on our site
- Copyright and trade marks. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws, trade mark laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- Content is for personal use only. Any subscription or class pass ordered by you on our site includes a non-exclusive, non-transferable, non-assignable, limited and revocable licence to access our on demand content for your own personal, non-commercial use only on a streaming only basis. No other right, title or interest is transferred or licensed to you. You must not copy, share, reproduce, display, preform, exhibit or broadcast any part of our content except as necessarily required for your own personal, non-commercial use without obtaining a licence to do so from us or our licensors.
- Content is not provided for your commercial use. You must not use any part of our content for commercial purposes without obtaining a licence to do so from us or our licensors.
- Indemnity. You agree to indemnify, defend and hold us harmless against all claims, losses, damages and costs that arise from your breach of these terms.
- How we may use your personal information
- Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 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.
- Nobody else has any rights under this contract. This contract is between you and us. No other third party shall have any rights to enforce any of its terms.
- 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.
- 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.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can only bring legal proceedings in respect of the services in the English or Welsh courts.
(Complete and return this form only if you wish to withdraw from the contract)
To Inspirefit Limited
I [*] hereby give notice that I [*] cancel my [*] contract for the supply of the following service [*],
Thank you for agreeing to our terms and conditions
Personal Information & Data Protection:
Your personal information is secure and usage of your personal information is administered by InspireFit, which is part of these Terms & Conditions. We will use your personal information to provide you with use of our products, services and facilities as well as maintain our records, process applications and payments, verify your identity, do market research and gain feedback. Your information may be kept for a reasonable amount of time for the above reasons. Your information may be shared with third parties to comply with our legal or regulatory obligations, for the prevention of fraud or other crimes, and in the case of medical emergencies. By agreeing to our terms & conditions, you consent to the use of your information including sensitive information relating to your health & fitness, for the reasons & manner explained above.
Please get in touch with us if your personal details change, if you would prefer to be contacted in a different way or if you have any questions about how we use your information. Failing such notice, any communications sent to you will be assumed to have been received within 5 days of communications being sent. You can update your details by contacting email@example.com