Personal Training Terms & Conditions
THE ALUNA WELLBEING TERMS OF BUSINESS FOR THE SALE OF FITNESS MEMBERSHIP PLANS IN THE UK
INTRODUCTION
· These are the Terms of Business which govern sales of fitness membership plans from Aluna Wellbeing.
· They should be read in conjunction with our website and our privacy policy.
· This constitutes a legal agreement between Al;una Wellbeing and you. Please read it carefully.
· Please note that we do not provide medical advice. When following our programmes 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 programmes 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.
1. INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. Aluna Wellbeing is a fitness business in Shropshire.
1.2 How to contact us. You can contact Aluna Wellbeing by email on juliette-mcgill@outlook.com
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 MEMBERSHIP
2.1 Nature of the Membership. The membership is not personalised and includes generic workouts for a range of body types.
2.2 Our ethos. The aim is to provide body autonomy through fitness and wellbeing.
2.3 Physical training. You are advised to only train when you are feeling well enough to. Each session will provide numerous options to suit as many people as possible but if you find this does not suit you please do not attempt something that makes you uncomfortable.
2.4 You must submit the correct information. This allows the sessions to be designed to suit a wider audience.
2.6 Time. Please the workouts are designed with progression over each month. If you join part-way through a month you can join in or use the back-catalogue to find something suitable until the beginning of the next month.
3. PLAN SUPPORT
Contact via email juliette-mcgill@outlook.com and reply will be as soon as Aluna Wellbeing is available.
4. KEEP YOUR ACCOUNT DETAILS SAFE
4.1 Your password and user identity must be treated 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. Aluna Wellbeing is the owner or the licensee of all intellectual property rights in the program and 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 program for any purpose other than your own fitness and wellbeing.
6. PROVIDING CONTENT
6.1 We will keep your private information confidential. You may provide us with private information, such as health information, as part of your participation. 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 your testimonials. We may contact you to ask permission to publish these. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.
7. OUR CONTRACT WITH YOU
7.1 When the contract for a purchase of the program comes in force. When you tick the box confirming that you accept these Terms of Business and agree to making your payment, you are making an offer to purchase the program. 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 program for medical reasons. Our policy is that we will not provide fitness guidance 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.
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.
8.
9. PROVIDING THE PROGRAMS
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 maximise the health of our members. 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 illness or injury exacerbated 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 membership.
(a) to deal with technical problems or make minor technical changes; or
(b) to update the membership to reflect changes in relevant laws and regulatory requirements; or
(c) to make changes to the membership as requested by you or notified by us to you.
8.3 Your rights if we suspend the supply of Embody. We will contact you in advance to tell you we will be suspending supply of Embody, 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 while it is suspended. You may contact us to end the contract for Embody 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 in respect of the period after you end the contract.
8.4 We will also suspend supply of Embody if you do not pay. If you do not pay when you are supposed to and you still do not make payment within three 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. This will include removal from the Facebook Group associated with the membership. 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 13.6). We will not charge you for Embody during the period for which it is suspended. As well as suspending the plan we may also charge you interest on your overdue payments (see clause 13.4).
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 program (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, as the membership is ongoing once you start to download or stream each or all programs, that part becomes non-refundable. For example, once you have received the first phase of the program, then that phase 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 program, 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. If:
(a) we have told you about an upcoming change to the programs or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the program you have ordered and you do not wish to proceed;
(c) we have suspended supply of the programs for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or
(d) you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any part of the program which 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. Juliette-mcgill@outlook.com
(b) Online. Unsubscribe via the Embody Membership Zone section on the website.
10.2 How we will refund you. Where applicable, we will refund you the price you paid for the membership, 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 five 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 programs; or
(c) in respect of a plan if 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 which puts you at risk whilst taking part in the exercise sessions.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for membership 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 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 product, please contact us by email juliette-mcgill@outlook.com or contact us via the website.
12.2 Summary of your legal rights. We are under a legal duty to supply a service that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the programs. 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 programs, 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. Sign up and payment is accessed through the Aluna Wellbeing website and Embody membership zone via paypal.
13.2 Where to find the price for programs. You can find this on the Aluna Wellbeing Website.
13.3 What happens if the prices change. Membership prices and content will be reviewed annually and may be altered to reflect current climate and content provided. You will be notified in advance of any such changes and given the opportunity to ‘opt out’ where necessary.
13.4 We are not liable for any charges that your bank may add to transactions.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
14.1 We do not provide medical advice. When following a fitness session 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the membership; and for defective membership under the Consumer Protection Act 1987.
14.4 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 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 Embody for domestic and private use. If you use the membership 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. Your personal information will be private and confidentially stored. Aluna Wellbeing will only ever use this information to contact you or discuss with you and never disclose to a third party.
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 programs, 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 programs in the English courts. If you live in Scotland you can bring legal proceedings in respect of the programs in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the programs 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.