TERMS & CONDITIONS
WHO WE ARE AND HOW TO CONTACT USTRUCONNECT and TV.FIT
www.truconnect.fit and apps associated with Truconnect and TV.FIT are operated by The Original Fit Factory Limited (We, us or our). We are registered in Scotland with company number SC541304, and have our registered office at 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our main trading address is 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our VAT number is GB259569937.
BY USING OUR APP AND PLATFORM YOU ACCEPT THESE TERMS.
By using our App and Platform, you confirm that you accept these Terms and that you agree to comply with them. There are other terms that may apply to you. If you do not agree to these Terms, you must not use our App or Platform.
HEALTH & SAFETY WARNING
Please note that following any of the physical exercise work-outs, routines and programmes in this production or elsewhere on our Platform, or replicating any of the activities shown may involve strenuous physical movement which carries the risk of injury.
You are responsible for exercising only within your own physical limits. Not all exercises are suitable for everyone. If you feel pain, discomfort, or dizziness do not continue. It is advised that you seek medical advice before embarking upon a new exercise regime, including the use of any recommended gym or other fitness equipment shown in any of the content.
You are responsible for exercising only within your own physical limits. Not all exercises are suitable for everyone. If you feel pain, discomfort, or dizziness do not continue. It is advised that you seek medical advice before embarking upon a new exercise regime, including the use of any recommended gym or other fitness equipment shown in any of the content.
Although all content is provided with your health and safety in mind, it is critical that you follow all health and safety and other instructions provided, and that you take appropriate medical advice before following any of the physical exercise work-outs, routines or activities shown. This is particularly important if you have pre-existing physical or underlying medical conditions, if you are prone to injury, or if you are pregnant or breastfeeding.
Nothing contained within this workout should be construed as any form of medical advice or diagnosis. No doctor-patient relationship is created as a result of you viewing any of our content.
The warm up is essential in helping to lubricate your joints and raise your core body temperature, so reducing your risk of injury. For these reasons, we strongly recommend you never skip this element of your session.
For obvious reasons, it’s best not to perform your workouts directly after eating.
Always complete the cool down at the end of each workout to avoid possible dizziness due to blood pooling in your muscles.
You may feel soreness in your muscles in the 24-48 hours following a workout but rest assured this is a positive sign, confirming you have worked your body hard enough to produce the microscopic changes that will lead to you becoming slimmer and firmer.
ADDITIONAL SAFETY GUIDELINES – EQUIPMENT
Always ensure that you use any recommended gym or other fitness equipment shown in any of the content correctly and in line with manufacturers’ instructions and other safety guidelines. Always check the equipment is in safe usable condition before use.
ADDITIONAL SAFETY GUIDELINES – MUMMAFIT & MUMMAFIT TO BE
All users who use MummaFit (our pre-natal and post-natal programme) MUST ensure that they read the below safety and intensity guidelines before starting the programme. This is really important information so make sure you have read through this and viewed the intro videos thoroughly. Check with your GP or midwife that it’s OK for you to Exercise. Exercise in a well-ventilated area. Whilst this programme can be done barefoot, it’s important to always feel supported, Consider the space and floor you are exercising on and whether training shoes may be more appropriate for you. Make sure you are on a non- slip surface; a yoga mat is ideal. Where comfortable clothing to exercise in and that has layers, enabling you to remove or put on garments so that you can keep your temperature regulated. You’ll need a mat, but you don’t need any other formal exercise equipment. You do need some cushions and a towel and also a pile of books that you can sit on! Drink plenty of water before during and after your workouts Eat a meal at least 2 hours before. If your last meal was longer ago, eat an energy snack just before you train such as an energy bar, banana or fruit juice.
STOP EXERCISING IF YOU GET: Get any vaginal bleeding Severe headaches Sudden water discharge Feel faint or dizzy Calf pain or swelling. Chest Pain Breathlessness from which you can’t recover. Any signs of labour Decreased foetal movement ABOUT INTENSITY It’s important that you work out at a level where you can comfortably talk throughout. All research shows that this more moderate level of activity done on a regular basis (3 - 5 x week) gives you great benefits LISTEN TO YOUR BODY at all times. If you feel any discomfort or pain, stop what you are doing and readjust. If the pain continues, stop, and seek further advice before you continue.
PARTICIPATION OF CHILDREN
Our platform and fitness content is not designed for (and is not suitable for) viewing or use by children under the age of 16, unless specifically stated otherwise by means of an age-appropriate warnings. Where specific content is specified for viewing and use by children, it is essential for health and safety purposes that this is closely supervised by a parent or responsible adult at all times.
The results you will achieve as a result of following any physical exercise workouts, routines or programs will vary. A combination of exercise and suitable diet are required to achieve and maintain desired results such as weight loss and muscle definition. The results shown in any of our productions may have been achieved by using a combination of other work-out and fitness programmes as well as those shown.
We recommend that you print a copy of these Terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms refer to the following additional terms, which also apply to your use of our App and Platform:
If you become a subscriber to our App or Platform, our ‘Subscriber Terms & Conditions’ will apply to your subscription.
If you purchase goods from our App or Platform, our Terms & Conditions of Supply will apply to those sales.
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our App or Platform, please check these Terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR APP OR PLATFORM
We may update and change our App and Platform from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR APP OR PLATFORM
We do not guarantee that our App or Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our App and Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
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.
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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
INTELLECTUAL PROPERTY RIGHTS
TV.FIT and other service or product names, logos and material used on our App or Platform constitute (or include) trademarks belonging to us (or relevant third party rights holders).
Our Platform and all Platform and App Services, and in the material published on it including images, graphics, photos, audio and audio-visual recordings and other content (Proprietary Content) which is proprietary to us or relevant third party rights holders. Those works are protected by copyright laws and treaties around the world. All rights in such Proprietary Content are reserved. Subject to the terms of any separate user licence from us, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any Proprietary Content in any form, by any means, or for any purpose, without our express prior written consent in each instance.
If you print off, copy or download any part of our App or Platform in breach of these Terms, your right to use our App or Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree that you will:
not copy, rent, lease, sub-license, loan, provide, or otherwise make available the App or Platform Services in any form, in whole or in part to any person without prior written consent from us;
not translate, merge, adapt, vary, alter or modify, the whole or any part of App or Platform Services nor permit the App or Platform Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App or Platform Services on devices as permitted by us;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Platform Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any Platform Service.
ACCEPTABLE USE RESTRICTIONS
not use any App or Platform Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any App or Platform Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of any Platform Services (to the extent that such use is not licensed by these Terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Platform Services
not use any Platform Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Platform Service or our systems or attempt to decipher any transmissions to or from the servers running any Platform Service.
You may use our Platform only for lawful purposes. You may not use our Platform:
in any way that breaches any applicable local, national or international law or regulation, or which is fraudulent, or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm minors in any way.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to access without authority, interfere with, damage or disrupt:
any part of our Platform;
any equipment or network on which our Platform is stored;
any software used in the provision of our Platform; or
any equipment or network or software owned or used by any third party.
DO NOT RELY ON INFORMATION ON THIS PLATFORM
The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
YOUR CONTENT AND ACCOUNT
A. User Generated Content.
You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by TRUCONNECT by TV.FIT in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and
exploit, your User Generated Content in all manners and mediums (including commercial use) desired by TRUCONNECT by TV.FIT, including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with TRUCONNECT app’s use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the TRUCONNECT app Services, or any authors, experts, celebrity trainers or otherwise. User Generated Content shall not state or reflect the attitudes and opinions of TRUCONNECT app, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by TRUCONNECT app.
B. License to Your User Generated Content. We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the TRUCONNECT app Services and on third-party sites and platforms such as Facebook, Instagram,TikTok,YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television
and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
C. Public Forums. Certain TRUCONNECT app Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same. You acknowledge and agree TRUCONNECT by TV.FIT is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.
D. Member Public Profiles. When you create an account with us (such as a TRRUCONNECT by TV.FIT account), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other TRUCONNECT app members or account holders.
TRUCONNECT by TV.FIT relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. TRUCONNECT by TV.FIT does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that TRUCONNECT does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. TRUCONNECT does not warrant, endorse or guarantee the conduct of its members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
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 and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of you becoming a subscriber to our App or Platform, which are set out in our Subscriber Terms and Conditions or relating to the supply of any products to you, which will be set out in our Terms and conditions of Supply.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our App or Platform; or
– use of or reliance on any content displayed on our App or Platform
In particular, we will not be liable for:
– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our App or Platform for domestic and private use. You agree not to use our App or Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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.
YOUR PRIVACY – HOW WE MAY USE YOUR PERSONAL INFORMATION
Please be aware that internet transmissions are never completely private or secure and that any message or information you send may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
UPLOADING CONTENT TO OUR PLATFORM
Whenever you make use of a feature that allows you to upload content to our App or Platform, or to make contact with other users of our App or Platform, you must comply with the Content Standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our App or Platform will be considered non- confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App or Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App or Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our App or Platform if, in our opinion, your post does not comply with our content standards.
You are solely responsible for securing and backing up your content.
These content standards apply to any and all material which you contribute to our App or Platform (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in its discretion, whether a Contribution breaches the Content Standards. A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
be defamatory of any person.
be obscene, offensive, hateful or inflammatory.
promote sexually explicit material.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal activity.
be in contempt of court.
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
impersonate any person, or misrepresent your identity or affiliation with any person.
give the impression that the contribution emanates from us, if this is not the case. • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
contain any advertising or promote any services or web links to other sites.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the app or Platform Services, you agree to us collecting and using technical information about the devices you use to access those services and related software, hardware and peripherals to improve our products and to provide any App or Platform Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
Certain App or Platform Services will make use of location data sent from your devices. If you use these App or Platform Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our App or Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our App or Platform. You should use your own virus protection software.
You must not misuse our App or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App or Platform, the server on which our App or Platform is stored or any server, computer or database connected to our App or Platform. You must not attack our App or Platform via a denial-of-service attack or a distributed denial- of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App or Platform will cease immediately.
RULES ABOUT LINKING TO OUR PLATFORM
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our App or Platform in any website that is not owned by you.
Our App and Platform must not be framed on any other site, nor may you create a link to any part of our App or Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website to which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our App or Platform other than that set out above, please contact email@example.com
BREACH OF THESE TERMS
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our platform
immediate, temporary or permanent removal of any contribution uploaded by you to our platform.
issue of a warning to you.
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
further legal action against you.
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
TERMS & CONDITIONS – ONLINE SUBSCRIBER
1. THESE SUBSCRIBER TERMS
1.1 From time to time Truconnect by TV.FIT may offer trial periods to new customers to allow them to view the content before making a commitment to subscribe. All customers who sign up to the free trial will be required to submit payment details to allow automatic payments to proceed once the free period has ended. Any customers wishing to stop the subscription must do so via their app store where they signed up. Cancellations must be 24 hours prior to the subscription renewal date as there is no way to stop pending payments. How to cancel links can be found on the TRUCONNECT app under the FAQs. Or you can email firstname.lastname@example.org to receive instructions on how to cancel.
1.2 What these Subscriber Terms cover. These Subscriber Terms are the terms and conditions governing your use of our subscription service to access and view tv.fit content online via our web platform, including all related websites, mobile application and other software, user interfaces, technology, data and documentation, features and other materials (including any updates or supplements to any of the foregoing which we provide) (our services).
1.3 Why you should read them. Please read these Subscriber Terms carefully before you accept them to access our services. They tell you who we are, how we will provide our services to you, how you and we may change or end the subscription contract, what to do if there is a problem and other important information.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these Subscriber Terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are subscribing for our services wholly or mainly for your personal use (not for use in connection with your business, trade or profession).
1.5 (Business only) If you are a business customer this is our entire agreement with you. If you are a business customer these Subscriber Terms (together with our User Terms and Conditions and our other online terms referred to in those terms and conditions) constitute the entire agreement between us in relation to your subscription and use of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Subscriber Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Subscriber Terms.
2. INFORMATION ABOUT US AND
HOW TO CONTACT US
2.1 Who we are. TV.FIT is a web platform and apps operated by The Original Fit Factory Limited (We, us or our). We are registered in Scotland with company number SC541304, and our registered office and main trading address is at 160 Clober Road, Milngavie, Glasgow, Scotland, G62 7LW. Our VAT number is 259569937.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0141 406 2671 or by writing to us at our physical address stated in 2.1 above, or via email: email@example.com .
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you, using the telephone contact number, the email address or postal address you provide to us when you register with us or subscribe to our service.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Subscriber Terms, this includes emails (but not fax).
3. OUR SUBSCRIPTION CONTRACT WITH YOU
3.1 When a subscription contract is made. Our acceptance of your subscription application will take place when we email you to confirm your application was successful, at which point a legally binding subscription contract will come into existence between you and us.
3.2 Adult subscribers only. You must be 18 years of age to become a subscriber. Children may only use our services only under the supervision of an adult.
3.3 If we cannot accept your subscription application. If we are unable to accept your subscription application, we will inform you of this in writing (usually via email). This might be because your stated payment method is not valid, or we have identified an error in your application.
3.4 Your subscription number. We will assign a subscription number and tell you what it is when we confirm your subscription is successful. It will help us if you can tell us the subscription number whenever you contact us about your subscription contract.
3.5 How long your subscription continues. Your subscription contract will continue month-to-month until terminated. Clauses 6, 7 and 8 contain details of when and how the subscription contract can be ended.
3.6 What you need to have to access our subscription services. To access our subscription services, you must have suitable internet access and a suitable device. Details of the minimum requirements are contained on our web platform.
3.7 Internet & data charges are your responsibility. Internet access charges and data usage charges to access our services are your responsibility. Please check with your Internet Service Provider for information on these applicable charges.
3.8 Subscription contract options. We may offer a number of subscription options or plans, including special promotional rates or plans. There are two main plans and these are the monthly subscription and annual subscription. Our monthly charge is £9.99/$12.99 and annually is £99/$129.99. Some of these may have differing conditions and limitations, details of which will be provided to you at the time you submit your subscription application or in other communications made available to you.
3.9 Permitted use of our services and content. Our services and all tv.fit content viewed through our services are for your personal and non-commercial use only, and may not be shared with individuals beyond your household. During your subscription contract we grant you a limited, non-exclusive, non-transferable right to access our services and view tv.fit content. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use our services for public performances.
3.10 TV.FIT content is subject to change. Our services and all TV.FIT content is regularly updated, and therefore subject to change at any time without notice.
3.11 Access & geographic locations. You are permitted to view the TV.FIT content worldwide.
3.12 Limitations applicable to your subscription. Your subscription may contain reasonable limitations (which may change from time to time) on your consumption of TV.FIT content, such as the number of your devices which can access our services simultaneously. You will find specific limitations applicable to your subscription contract with us by visiting our web platform and clicking on the “My Account” link available.
3.13 Factors affecting quality of TV.FIT content. The quality of the display of the TV.FIT content may vary between devices, and will be affected by a number of different factors, including the speed of your internet connection, your location and the bandwidth available (including the number of devices accessing online content at the same time). HD availability is subject to your internet service and your device specifications. Not all TV.FIT content is available in all formats, and some subscription contracts may restrict access to certain content formats. Further details of these technical requirements, please refer to the guidance available on our web platform.
4. CHANGES TO YOUR SUBSCRIPTION, THESE TERMS OR THE SERVICES
4.1 Your rights to make changes If you wish to make a change to your subscription contract, please contact us (see clause 2.2). We will let you know if the change is possible. If it is possible, we will let you know about any changes to your subscription fees, subscription period or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
4.2 Our rights to make changes Minor changes. We may change these Subscriber Terms or any services: 1. to reflect changes in relevant laws and regulatory requirements; and 2. to implement minor technical adjustments and improvements. These changes will not affect your use or enjoyment of the services.
More significant changes. In addition, we may make certain more significant changes to your subscription, these Subscriber Terms or any services, but if we do so we will notify you and you may then (if you wish) contact us to end your subscription (see clause 6.2) before the changes take effect (and receive a refund for any period of your subscription paid for but not actually received). See clause 11.2 regarding increases in your subscription fees.
5. ACCESS & SUSPENSION OF YOUR SUBSCRIPTION
5.1 When you can access our services. During the subscription application process we will let you know when we will be activating your subscription. We will activate your subscription so you can access our services as soon as we accept your subscription application. We will supply our services until you end the subscription contract as described in clause 6 or we end the subscription contract by written notice to you as described in clause 8.
5.2 We are not responsible for delays outside our control. If the supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the subscription contract and receive a refund for any subscription you have paid for but not received (see clause 6.2).
5.3 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 subscription to you, for example, your payment details. If so, this will have been stated in the description of the subscription on our web platform. 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 subscription contract (see clause 8.1) and clause 8.2 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 delays in activating your subscription, or not supplying any of our services, if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.4 Reasons we may suspend the supply of our services to you. We may have to suspend the supply of our services to:
(a) deal with technical problems or make minor technical changes; br (b) undertake updates to reflect changes in relevant laws and regulatory requirements;
(c) make changes as requested by you or notified by us to you (see clause 4).
5.5 Your rights if we suspend our services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. If we have to suspend our services for longer than 48 hours in any calendar month we will adjust the price so that you do not pay for our services while they are suspended. You may contact us to end your subscription contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance in respect of the period after you end the subscription contract.
5.6 We may also suspend your access if you do not pay. If you do not pay us when you are supposed to (see clause 11.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend your access to some or all our services until you have paid us the outstanding amounts. We will contact you to tell you we are doing this. We will not suspend your access to our services where you dispute the unpaid invoice (see clause 11.8) unless in relevant circumstances we end your subscription contract under clause 8.1. We will not charge you during the period for which they are suspended. As well as suspending your access to our services, we can also charge you interest on your overdue payments (see clause 11.7).
6. YOUR RIGHTS TO END THE SUBSCRIPTION CONTRACT
6.1 You can always end your subscription with us. Your rights when you end your subscription will depend upon whether there is anything wrong with our services and how we are performing when you decide to end your subscription and whether you are a consumer or business customer:
(a). If our services are faulty or misdescribed you may have a legal right to end the subscription contract (or to get some or all of your money back), see clause 10 if you are a consumer;
(b). If you want to end the subscription contract because of something we have done or have told you we are going to do, see clause 6.2;
(c). If you are a consumer and have just changed your mind, see clauses 6.3 and
6.4. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d). In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 6.5.
6.2 Ending your subscription because of something we have done or are going to do. If you are ending your subscription for a reason set out at (a) to (d) below the subscription contract will end immediately and we will refund you in full for refund any sums you have paid in advance in respect of the period after you end the subscription contract and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming non-minor change to your subscription (including increases in your subscription fees), our services, or these Subscriber Terms which you do not agree to (see clause 4.2 and 11.2);
(b) we have told you about an error in the price or description of services you have ordered and you do not wish to proceed;
(c) we have suspended supply for technical reasons, or notified you we are going to suspend them for technical reasons, in each case for a period of more than 7 days, or notified you there is a risk of substantial delay in the supply of services due to an event outside our control; or (d) you have a legal right to end the subscription contract because of something we have done wrong.
6.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Subscriber Terms. 6.4 How long do consumers have to change their minds? If you are a consumer, you have 14 days after the day we email you to confirm we accept your subscription application. PLEASE NOTE: If you start downloading and streaming tv.fit content within this 14 day period, you must pay us for the services provided up until the time you tell us that you have changed your mind. See clause 7 below for details of this.
6.5 Ending your subscription where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 6.1), you can still end your subscription, but you may have to pay us compensation. The subscription contract will not end until we have confirmed this to you (either online or via email) after you have contacted us to end your subscription, which (depending upon how you do this) could be up to 5 working days following the date you contacted us. We will refund any advance payment you have made for services which will not be provided to you after your service ends.
7. HOW TO END YOUR SUBSCRIPTION CONTRACT (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
7.1 Tell us you want to end your subscription. To end the subscription contract with us, please let us know by doing one of the following:
(a) Online. Follow the cancellation procedure regarding your subscription contract by visiting our web platform and clicking on the “My Account” link available.
(b) Phone or email. Call customer services on 0141 406 2671 or email us at firstname.lastname@example.org . Please provide your name, home address, details of the subscription (including subscription number) and, where available, your phone number and email address. You will then be provided with the full details on how to cancel the subscription
(c) By post. Print off a cancellation form and post it to us. Or simply write to us at that address, including details of your subscription, and your name and address.
7.2 How we will refund you. If you are entitled to a refund under these Subscriber Terms we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described below.
7.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund (or charge you, where we don’t hold sufficient funds from you) 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 monthly payments due under the subscription contract.
7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer 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.
8. OUR RIGHTS TO END THE SUBSCRIPTION CONTRACT
8.1 We may end the subscription contract if you break it. We may end your subscription 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 10 days of us reminding you that payment is due;
(b) you break the subscription contract in any other way; or
(c) you do not, within a reasonable time of us asking for it, provide us with any relevant information that is necessary for us to provide our services, for example, your payment details.
8.2 You must compensate us if you break the subscription contract. If we end your subscription in the situations set out in clause 8.1, we will refund you any sums you have paid in advance in respect of the period after the subscription contract ends, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the subscription contract.
9. IF THERE IS A PROBLEM
How to tell us about problems. If you have any questions or complaints, please contact us. You can telephone our customer service team on 0141 406 2671 or email us at email@example.com or write to us our address in clause 2.2.
10. YOUR RIGHTS IN RESPECT OF DEFECTIVE DIGITAL CONTENT IF YOU ARE A CONSUMER
10.1 If you are a consumer we are under a legal duty to supply digital content that are in conformity with the subscription contract. See the box below for a summary of your key legal rights. Nothing in these Subscriber Terms will affect your legal rights.
Summary of your key legal rights (consumer only). This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice web platform www. adviceguide.org.uk or call 03454 04 05 06
The Consumer Rights Act 2015 says digital content (which includes tv.fit content) must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) 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.
c) 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 6.3.
11. PRICE AND PAYMENT
11.1 Where to find the price for your subscription. The price of your subscription
(which includes VAT) will be the price indicated when you placed your subscription application. We take all reasonable care to ensure that the price of your subscription advised to you is correct. However please see clause 11.4 for what happens if we discover an error in the price.
11.2 Changes to your subscription fee. We may change our subscription plans and the fees (including subscription fees) of our service from time to time by notifying you. Any such changes affecting your subscription will apply no earlier than 30 days following our notice to you, and you may then contact us to end your subscription contract before the changes take effect (see clause 6.2 above).
11.3 We will pass on changes in the rate of VAT. If the rate of VAT changes, we will adjust the rate of VAT that you pay under your subscription, unless you have already paid in full before the change in the rate of VAT takes effect.
11.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our advertised prices may be incorrect. We will normally check prices before accepting your subscription application so that, where the correct price at your application date is less than our stated price at that time, we will charge the lower amount. If the correct price at your application date is higher than the price stated to you, we will contact you for your instructions before we accept your subscription application.
11.5 When you must pay and how you must pay. We accept payment via a number of payment methods, details of which are listed on our web platform, as may be updated from time to time. You must make an advance payment of one month’s subscription fee before we start providing our services to you. We will charge you monthly in advance on or around the relevant payment date notified to (or agreed with) you for your subscription fees whilst your subscription continues, and unless you cancel your subscription you authorise us to charge you for each monthly subscription fee due in line with your selected payment method.
11.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Subscriber Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Subscriber Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this subscription 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 subscription contract was made, both we and you knew it might happen.
12.2 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 matters summarised at clause 10.1.
12.3 When we are liable for damage caused by defective digital content. 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 our instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. If you are a consumer we only supply our services to you for domestic and private use.
If you use our services for any commercial or business purposes our liability to you will be limited as set out in clause 13.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
13.1 Nothing in these Subscriber Terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability
13.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1 (business only): (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1,000 (one thousand pounds) and 100% (one hundred per cent) of the total sums paid by you under such contract.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. SAFEGUARDING YOUR ACCOUNT & ACCESS
15.1 Passwords and access details. You are responsible for keeping passwords and other pieces of access and account information confidential. You must not disclose these to any third party. We have the right to disable any password or access details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these requirements.
15.2 Notify us. If you know or suspect that anyone other than you knows your password or account access details, you must promptly notify us at firstname.lastname@example.org .
15.3 Account control and your responsibility. As the person who created the subscription contract (see clause 3 above) and who pays subscription fees to us (the subscriber), you are responsible for access and control over the subscription contract, your subscription account with us and all devices that are used to access our services, and therefore you are responsible for all activity that occurs through your subscription account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your subscription account. We reserve the right to terminate or suspend your subscription account without notice to you in order to protect you, us or our partners from identity theft or other fraudulent activity.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 Our trade marks. TV.FIT and other service or product names, logos and material used in our services or on our web platform constitute (or include) trade marks belonging to us (or relevant third party rights holders).
16.2 Our rights in services and content. Our web platform and all our services, and in the tv.fit content published on it including images, graphics, photos, audio and audio-visual recordings and other content is proprietary to us or relevant third party rights holders. Those works are protected by copyright laws and treaties around the world. All rights in such services and content are reserved. Save as expressly provided in these Subscriber Terms, you may not copy, reproduce, distribute, disseminate, republish, license, download, perform, display, post, transmit, exploit, sell, create derivative works or otherwise use any such services and content in any form, by any means, or for any purpose, without our express prior written consent in each instance.
16.3 Restricted acts. You agree that you will:
(a) not copy, rent, lease, sub-license, loan, provide, or otherwise make available any TV.FIT content in any form, in whole or in part to any person without prior written consent from us;
(b) not translate, merge, adapt, vary, alter or modify, the whole or any part of our services or allow any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use any TV.FIT content on devices as permitted by us;
(c) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of any our services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited;
(d) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any our services.
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Subscriber 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 subscription contract.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Subscriber Terms to another person if we agree to this in writing. We will usually agree unless we consider that the person you are proposing is not acceptable as a subscriber (see for example clause 3.2).
17.3 Nobody else has any rights under this subscription contract (except someone you pass your guarantee on to). This subscription contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the subscription contract or make any changes to these Subscriber Terms
17.4 If a court finds part of this subscription contract illegal, the rest will continue in force. Each of the paragraphs of these Subscriber 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.
17.5 Even if we delay in enforcing the subscription contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Subscriber Terms, or if we delay in taking steps against you in respect of your breaking the subscription 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 our services, we can still require you to make the payment at a later date.
17.6 Which laws apply to this subscription contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
17.7 Online Dispute Resolution if you are a consumer. If you are a consumer and are not happy with how we have handled any complaint you may have, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform, (available at https://webgate. ec.europa.eu/odr).This is an online alternative dispute resolution process where an independent body considers the facts of your dispute and seeks to resolve it, without you having to go to court.
17.8 Which laws apply to this subscription contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a subscription contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
17.9 There are other terms that may apply to you. These following additional terms also apply to your use of our web platform and services:
(a) Our User Terms and Conditions
(d) If you purchase goods from our web platform, our Terms and Conditions of Supply will apply to those sales. Copyright © 2019 The Original Fit Factory. All rights reserved.
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Copyright © 2019 The Original Fit Factory. All rights reserved.