THE FITNESS BUBBLE TERMS OF BUSINESS FOR THE SALE OF FITNESS PLANS IN THE UK
INTRODUCTION
•These are the Terms of Business which govern our sales of fitness plans (Plans).
•They should be read in conjunction with our website terms of use and our privacy policy, both of which can be found on our website.
•This constitutes a legal agreement between us and you. Please read it carefully.
•Please note that we do not provide medical advice. When following our Plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
•The Plans are not appropriate for you if you have any of the conditions or illnesses listed in clause 7.2 below, or if you are under 18 years of age.
1. INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are The Fitness Bubble a UK company owned and run by Fiona Pascall. The Fitness Bubble’s whose registered office is at the address below.
1.2 How to contact us. You can contact us by email at info@thefitnessbubble.com or by post to Sunnyside, Kilve, Bridgwater, Somerset. TA51EB
1.3 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.
1.4 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
2. THE PLANS
2.1 Nature of the Plans. All of the sessions are pre-recorded and the combinations are chosen according the information given by you in your lifestyle questionnaire. Specific sessions will not be created upon request.
2.2 Exercise sessions. The plan provides 18 video based workout sessions per month plus separate warm up, cool down and additional workout sessions. The workouts will be provided via our online portal accessed with an individual login.
2.3 Weights and equipment. No equipment is needed for the plan, however a mat or carpet is recommended and some sessions have an option to use dumbbells or similar weights. Due to strength being such an individual consideration, weight on these sessions will never be specified and this is
something you will have to discover yourself through carrying out the exercises.
2.4 You must submit the correct information. Please ensure you complete your correct age, height (cm) and weight (kg) on the questionnaire. We need the completed questionnaire before a Plan can be created. Once your chosen Plan begins, you will be in complete control of the results. In order to achieve success with this programme you need to stick to it 100%. At the end of you 1st and 2nd month, you will be asked to fill in a progress form in order for us to tailor the next month’s plan. This must be completed 3 days before the current months’ plan is finished so that we can plan the next month.
2.5 Photos. In your welcome email you will be advised to send us a photo so that we can assess your body composition. This is optional but will help us to make the best plan for you. The photos you provide will need to be taken in swimwear or equivalent so that body composition can be assessed. Please note that we take privacy extremely seriously, and we take all reasonable precautions to ensure that these photos are stored securely. Nevertheless, we recommend that you to anonymize the photos provided to us by, for example, cropping your face (e.g. either taking a photo of your neck down or cropping the image using a photo editing application before you upload it). This will assist us in preserving your privacy should a security breach occur.
2.6 Timing. Once you purchase a Plan and fill in the lifestyle questionnaire your plan will be uploaded onto your portal within 3 working days. If you purchase the plan after 20.00 Gmt the 3 days begin on the next working day. If you request to start your plan on a specific date it must be at least 3 working days and at most 1 month after you purchase the plan. Once your plan starts you have 3 months to complete it. Our Plans are valid for 3 months from the initial order and needs to be completed within this timeframe. After this time your login details will expire. Your data is held for a maximum of 12 months after which time all information held on you will be deleted and removed from our system as per our privacy policy. After this 12 month period you will be required to sign up as a new client if you wish to restart your journey with us.
2.7 Pausing the plan. If you need to pause your plan for reasons of injury, illness or other you may be able to do so upon our receipt of a valid medical report from your GP.
3. PLAN SUPPORT:
3.1 “The Bubble.” Upon buying the plan your will be granted access to “The Bubble,” our Facebook members’ area where you will receive advice and updates from Fi and have the opportunity to have any questions about the course, nutrition and motivation answered.
3.2 Private questions. If you have questions that you’d like to keep between you and Fi you can contact her directly on social media (thefitnessbubble) or email info@thefitnessbubble.com.
4. KEEP YOUR ACCOUNT DETAILS SAFE
4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
4.2 We have the right to disable any user identification code or 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 the provisions of these Terms of Business.
4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
5. HOW YOU MAY USE MATERIAL WE PROVIDE
5.1 We are the owner or the licensee of all intellectual property rights in our Plans. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You must not use any part of the content of the Plans for any purpose other than your personal fitness.
6. PROVIDING CONTENT
6.1 We will keep your private information confidential. You may provide us with private information, such as health information and photos, as part of your participation in a Plan. We will take all reasonable precautions to ensure that all such information is stored securely and kept confidential. Please also see our Privacy Policy.
6.2 We may ask your permission to publish the photos. We may contact you to ask permission to publish your photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
6.3 Where you engage in online discussions through the website, such as through “The Bubble” Facebook members’ area and through the portal, this content will be kept on their servers indefinitely, to have this communication erased please contact info@thefitnessbubble.com.
7. OUR CONTRACT WITH YOU
7.1 When the contract for a purchase of a Plan comes in force. When you tick the box confirming that you accept these Terms of Business and make your payment, you are making an offer to purchase the Plan. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
7.2 We may refuse to sell a Plan for medical reasons. Our policy is that we will not provide fitness plans if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Plans are not appropriate for pregnant women, children under 18 or adults over 65 years of age.
7.3 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.
7.4 Our Plans are primarily aimed to customers in the UK. We reserve the right to reject any orders of Plans from outside the UK. If we do so, you will be given a full refund.
8. PROVIDING THE PLAN
8.1 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 Plan to you. 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 11.2 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 Plan late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.2 Reasons we may suspend the supply of the Plan to you. We may have to suspend the supply of a Plan
to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Plan to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Plan as requested by you or notified by us to you.
8.3 Your rights if we suspend the supply of Plan. We will contact you in advance to tell you we will be suspending supply of the Plan, unless the problem is urgent or an emergency. If we have to suspend the provision of the Plan for longer than one week in any 90 day period we will adjust the price so that you do not pay for the Plan while it is suspended. You may contact us to end the contract for a Plan if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Plan in respect of the period after you end the contract.
8.4 We may also suspend supply of the Plan if you do not pay. If you do not pay when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of any elements of the Plan until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the Plan where you dispute the unpaid invoice (see clause 13.8). We will not charge you for the Plan during the period in which it has been suspended. As well as suspending the Plans, we may also charge you interest on your overdue payments.
(see clause 13.6).
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
9.2 You can end your contract with us as follows. 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 you have just changed your mind about the Plan (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, as the Plans are personalised, once you start to download or stream a cycle of the Plan, that part becomes non refundable. For example, once you have received cycle one, of three, of the 90 Day Plan that cycle is non-refundable;
(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 9.3;
(c) if you are ill or injured and cannot complete a Plan, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.
9.3 Ending the contract because of something we have done or are going to do. You can end your contract
if:
(a) we have told you about an upcoming change to the Plan or these terms that you do not agree to;
(b) we have told you about an error in the price or description of the Plan you have ordered and you do not wish to proceed;
(c) we have suspended supply of the Plans for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or
(d) you have a legal right to end the contract because of something we have done wrong in which case you may end the contract and we will refund you in full for any cycles of the Plan that have not been provided.
10. HOW TO END THE CONTRACT WITH US
10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:
(a) Email. Email customer services as set out above.
(b) Online. Contact us via the website.
(c) By post. Write to us at the registered address provided, including details of what you bought, when you ordered or received it and your name, address and email.
10.2 How we will refund you. Where applicable, we will refund you the price you paid for the Plans, by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
11. OUR RIGHT TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a Plan 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 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Plans; or
(c) if during the Plan if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia.
11.2 You must compensate us if you break the contract. If we end the contract in the circumstances set out (see clause 11.1) we will refund any money you have paid in advance for Plans we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking of the contract.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the Plan, please contact us by writing to us info@thefitnessbubble.com or by post to Sunnyside, Kilve, Bridgwater, Somerset. TA51EB.
12.2 Summary of your legal rights. We are under a legal duty to supply Plans that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Plan. Nothing in these Terms of Business 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. The Consumer Rights Act 2015 says digital content, such as the Plan, must be as described, fit for
purpose and of satisfactory quality:
•if your digital content is faulty, you are entitled to a repair or a replacement
•if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
•if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
13. PRICE AND PAYMENT
13.1 Ways to pay. Goods must be paid for in advance. Plans may be paid for in an upfront payment.
13.3 Where to find the price of the Plan. The price of the Plan, which includes VAT, will be indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Plan advised to you is correct. However please see clause 13.5 for what happens if we discover an error in the price of the Plan you order.
13.4 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 Plan, we will adjust the rate of VAT that you pay, unless you have already paid for the Plan in full before the change in the rate of VAT takes effect.
13.5 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Plans we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Plan’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 Plan’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.
13.6 We are not liable for any charges that your bank may add to transactions.
13.7 You will be charged at the exchange rate available on the day of transaction.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 We do not provide medical advice. When following a fitness plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, 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 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.
14.3 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 Plans; and for defective Plans under the Consumer Protection Act 1987.
14.4 If defective digital content that 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 that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.5 We are not liable for business losses. We only supply the Plans for domestic and private use. If you use the Plans 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.
15. HOW WE MAY USE YOUR INFORMATION
15.1 How we will use your personal information. Please see our privacy policy on the website.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
16.3 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.
16.4 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.
16.5 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 of Business, 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 Plans, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the Plans in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Plans in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Plans in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Terms of Business, ID1, last updated 07/12/2019