1. Who we are
1.1 We are 432 Fitness Limited. Our company information is at the end of this document.
2. What this is all about
2.1 These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.
3. Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT
• “Content” – all information of whatever kind, such as videos, audios, posts, comments, articles, blogs, chat, images, photos, profiles, listings, advertisements, messages, reviews (including ratings), that are displayed, stored or sent on or in connection with our Service.
• “Service” – our website and any related services.
• “User” – people using our Service (whether or not registered with us).
4. IMPORTANT WARNING
HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START
4.1 We are not doctors or medical practitioners. While we believe that our Service can be beneficial in many ways, it is not tailored to your situation. Nor is it intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and we make no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved. You agree that you will immediately consult a qualified health professional if you have any concerns about your health.
4.2 You agree that you have answered, or will answer, all health questions carefully and truthfully. If your condition changes or you have any concerns about your health, you must take medical advice before continuing to use our Service.
4.3 You are responsible for carefully reading any ingredients listed on our website and/or on any packaging, labels and/or leaflets to avoid the risk of allergic or other adverse reactions. You are also responsible for carefully following any food preparation and/or storage instructions.
5. How you enter a legal contract with us
THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
5.1 By registering on our website, you enter a legal contract with us to use our Service.
5.2 By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
5.3 If you are registering for someone else, you agree to ensure that they comply with these terms and you are responsible to us if they don’t.
6. Consumer legal right to cancel (“cooling off”)
IN SHORT: CONSUMERS MAY HAVE THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS
6.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of the start of the contract if you comply with the requirements explained in the Annex at the end of this document.
6.2 You lose the right to cancel where the supply of digital content began before the end of the cancellation period (e.g. where any digital content has been accessed). Because our services generally involve the supply of digital content, in most cases you won’t have the legal right to cancel your contract with us.
7. Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE
7.1 We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.
7.2 If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.
8. Your right to use our Service
THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE
8.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
8.2 You agree to comply with any applicable third party terms when using our Service.
8.3 You must not use, or attempt to register on, our Service if you are below 18 years of age.
8.4 You may only use any trial period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one trial period. We can cancel your trial if we find that you have had access to a previous one.
9. Standard of Service
THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
9.1 Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.
10. Behaviour when using our Service
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE INCLUDING THE COMMUNITY PART
10.1 You agree not to do any of the following in connection with our Service:
• break the law or infringe anyone else’s rights;
• send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
• victimise or harass other people;
• use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
• deceive or mislead anyone;
• send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
• impersonate anyone;
• use our Service to help you compete with us or to infringe our rights;
• use our Service for any commercial purpose;
• disrupt our Service, e.g., spam, viruses or phishing;
• interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
• intercept or modify communications;
• impose an unreasonable load on our Service;
• get around any security features including those designed to stop copying of Content; or
• attempt, encourage or assist any of the above.
10.2 As explained below (“Ending or suspending this contract”) we are entitled to end the contract immediately if you breach any of the above requirements. However, we are required to tell you that you have the right to bring a claim against us for breach of contract if:
• any of your Content is taken down or restricted; or
• you are suspended or banned from using our Service
in a way that breaches these terms.
10.3 You agree to:
• comply with the guidance/requirements on our Service; and
• provide prompt and reasonable cooperation in relation to our Service.
10.4 You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.
11. Your Content (e.g., your profile)
THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
11.1 You are responsible for your Content.
11.2 You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
11.3 If you use any features on our Service which enable you to share your Content with other sites, we are not responsible for use of your Content on those sites.
11.4 Provided we comply with data protection law including GDPR and subject to your right of appeal where applicable, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us, or if we consider that Content does not meet our quality standards.
11.5 We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
11.6 We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
11.7 It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws including GDPR).
12. Dealing with other Users
THIS SECTION CONTAINS IMPORTANT WARNINGS ABOUT YOUR DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR ESPECIALLY IN THE COMMUNITY PART OF OUR SERVICE
12.1 We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We are not legally responsible for the accuracy of, or otherwise in relation to, any User Content or for any dealings between Users. Where appropriate, you are responsible for investigating other Users before dealing with them. Don’t assume that any Content from another User is accurate and be aware that people may not be who they claim to be.
12.2 If you encounter any inappropriate Content or behaviour in connection with our Service or if you have any concerns for your safety, you agree to immediately (1) stop any communication with the other person and (2) tell us. Users can report any misbehaviour or misuse of other users data to us by either clicking the Report button or emailing hello@432fitness.com. We aim to investigate all reports and to take any action deemed appropriate within a reasonable period. Please also use any available blocking mechanisms and seek relevant external help If appropriate (e.g., from law enforcement authorities).
Our approach to safety and illegal/harmful Content
12.3 Here are some of the steps we’re taking (or intend to take as and when necessary):
• default to maximum privacy settings;
• automated detection/filtering/blocking of inappropriate Content;
• prominent and easy-to-use complaint/report buttons and blocking mechanisms;
• appropriate numbers and training of staff;
• categorisation/prioritisation/ tracking of User complaints/reports;
• reviewing complaint/report-handling performance; and
• carrying out appropriate risk assessments and regularly reviewing them.
13. Other peoples’ services / advertising / websites
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE
13.1 We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
14. If you create an account on our Service
IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL
14.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.
14.2 You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).
15. Paying us
THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS INCLUDING AUTO-RENEWAL OF SUBSCRIPTIONS AND PRICE CHANGES
15.1 Payment is in advance. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.
15.2 You are legally committed to start paying us once we confirm your order unless you end the subscription before any applicable trial period.
15.3 If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
15.4 Your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply).
15.5 You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.
15.6 We may at any time change our subscription prices. We will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.
15.7 You must contact us immediately with full details if you dispute any payment.
15.8 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.
16 Discount codes
THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE
16.1 You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.
16.2 Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.
16.3 We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed.
16.4 Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
17. Ending or suspending this contract
THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS
17.1 If you are on a free trial, you can end the contract during the trial period as explained on our Service. If you are a subscriber, you can end this contract at any time with effect from the end of your current subscription period by ending your subscription or, if you want to end the contract sooner, by emailing us to the address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
17.2 Subject to your right of appeal if applicable, we are entitled to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
• you break this contract;
• any fees payable by you are unpaid or charged back;
• acting reasonably, we think that it is necessary to protect you, us or others;
• we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
• you or anyone on your behalf acts inappropriately towards us or our staff or subcontractors.
17.3 We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
17.4 If this contract ends:
• Your right to use our Service and all licences are terminated.
• We are allowed to delete your Content without telling you.
• Existing rights and liabilities are unaffected.
• All terms in this contract that are stated or intended to continue after termination will continue to apply.
18. Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK
18.1 Any guidance we provide is of a general nature. It is not tailored to your personal circumstances and we do not guarantee that it is relevant to you. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.
19. If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE
19.1 We do not guarantee that the Service will be uninterrupted or error-free.
19.2 We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. Where feasible and issues are foreseen, we will try to provide reasonable notice.
20. Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT
20.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.
20.2 Subject to the above we shall not be liable for any loss or damage where:
• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.
20.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
21. Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER/YOU TO USE THE CONTENT
IP in your Content
21.1 You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this contract lasts, to use and adapt all or part of such material to use such material insofar as reasonably necessary for our Service as well as on other channels including social media, including to enhance, redistribute and/or promote our Service. However, we will only use written text, not photos, and will anonymise by using only your first name, or your username if no first name is available. For any more extensive marketing activity that includes any of your personal information, we will first seek your written consent.
21.2 You also allow each User to use your Content in accordance with these terms and conditions.
21.3 You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
IP in our Content (e.g., articles/streamed videos)
21.4 We and/or entities we may choose to trade with from time to time own the IP in all Content (excluding your Content) that we use on or in connection with our Service. Let’s call this “our Content”.
21.5 You may view our Content on your device for your private personal, non-commercial use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you or we give you clear written permission, you must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.
21.6 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.
22. Referral scheme
THIS SECTION SETS OUT THE CONDITIONS WHICH APPLY TO ANY REFERRAL SCHEME ON OUR SERVICE (UNLESS THE SCHEME DESCRIPTION SAYS SOMETHING DIFFERENT)
22.1 Subject to what we say below, you qualify for the specified benefit if your friend uses the relevant code and subscribes within 12 months of the code being issued (or any alternative period stated when we issue the code). We call this the “Referral Event”.
22.2 For each qualifying Referral Event, we will take reasonable steps to provide the relevant benefit within 28 days thereafter. In the case of gifts, we reserve the right in our discretion to substitute alternative gifts of broadly equivalent value. Unless we say otherwise, no cash alternatives are available.
22.3 We can refuse to provide the benefit if we think that you have broken your contract with us or haven’t complied with any applicable scheme requirements or that you have behaved inappropriately towards us or other Users or that you have cheated or attempted to cheat or if we have not been able to provide the benefit despite making reasonable efforts to do so.
22.4 The scheme is subject to any deadlines or timescales specified and we are anyway entitled to change or end it at any time without notice.
23. Your personal information
IN SHORT: OUR PRIVACY POLICY APPLIES
23.1 You agree that we can deal with your personal information in accordance with our Privacy Policy (see adjacent column may change from time to time.
23.2 By accepting these terms and conditions you agree that we can us your ‘special category’ data (as defined herein). We will use this data to help improve our service. ‘Special category’ data includes but is not limited to age, biological sex, height, abdominal circumference, arm and leg circumferences.
23.3 By accepting these terms and conditions you also agree that we can use your contact or other information for certain kinds of marketing.
24. Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
24.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including but not limited to third party telecommunication failures and epidemics/pandemics.
25. Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE
25.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
26. English law and courts
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES
26.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
27. General
HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY
27.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.
28. Complaints
28.1 If you have any complaints, please contact us via the contact details shown below.
29. Information about us
29.1 Company name: 432 Fitness Limited
29.2 Trading name: “432 Fitness”
29.3 Country of incorporation: England and Wales
29.4 Registered number: 15700479
29.5 Registered office and contact address: First Floor, 336 Molesey Road, Hersham, Walton On Thames, Surrey, England, KT12 3PD
29.6 Contact email address: hello@432fitness.com
29.7 Other contact information: See our website/contact page
29.8 VAT number: GB 472 8872 46
ANNEX – COOLING OFF
YOUR LEGAL RIGHT TO CANCEL THE CONTRACT
The following applies ONLY if you have the legal right to cancel this contract (as explained above).
Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.
2. The cancellation period will end after 14 days from the day when we enter a legal contract with you (i.e., starting when you register to use our Service as explained above).
3. Just to be clear – you lose the right to cancel where the supply of digital content began before the end of the cancellation period (e.g. where any digital content has been accessed).
4. To exercise the right to cancel, you must tell us, 432 Fitness Limited, First Floor, 336 Molesey Road, Hersham, Walton On Thames, Surrey, England, KT12 3PD (email address above) of your decision to cancel the contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below, but you don’t have to.
5. To meet the cancellation deadline, you must send your communication telling us you want to cancel before the cancellation period ends.
Effects of cancellation
6. If you cancel the contract, we will refund to you all payments received from you.
7. The refund will be made without undue delay, and no later than 14 days after the day we receive your notice to cancel the contract.
8. The refund will be made using the same means of payment you used for the initial transaction, unless you expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund.
9. If you asked us to start performing the services during the cancellation period, you must pay us an appropriate proportion of the payment to cover services performed until the point when you tell us you want to cancel the contract.
MODEL CANCELLATION FORM
Complete and return this form only if you wish to cancel the contract:
— To 432 Fitness Limited, First Floor, 336 Molesey Road, Hersham, Walton On Thames, Surrey, England, KT12 3PD (email address above):
— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
— Ordered on [*]/received on [*],
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
[*] Delete as appropriate
