Authentic Wellness TERMS OF SERVICE

BACKGROUND:

  • These Terms of Use together with the attachment below and any and all other documents referred to in these Terms of Use set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, authentikwellness.com (“Our Site”).
  • Terms and information that are specific to (i) setting up an Account with Us, (ii) accessing the Authentik Wellness Community Forum, (iii) taking part in the Post Pregnancy Program, and (iv) taking part in fitness assessments, professional trainer sessions, instruction from us in person or via Our Site using the Zoom cloud-based web conferencing or any applicable and approved cloud based web conferencing platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Use.
  • Please read these Terms of Use and the attachment below carefully and ensure that You understand them before purchasing a Subscription or using any of the other facilities on Our Site. If You have any query about anything in these Terms of Use or the attachment, please contact Us to discuss.
  • When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Use and the attachment. If You do not, You will not be able to purchase a Subscription and access Paid Content through Our Site.
  • All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
  • are required by law to give to You before You order a Subscription; or
  • voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Use and the attachment below.

  • These Terms of Use, as well as any and all Contracts, are in the English language only.
  • These Terms of Use apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

 

1. DEFINITIONS AND INTERPRETATION

    • In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
Term Definition
“Account”
means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;
“Background Items”
means background and other information or materials about health and fitness, downloadable or viewable as text/graphics;
“Consumer”
means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any usiness, trade, craft or profession;
“Contract”
means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;
“Paid Content”
means any content (including text, graphics, images, audio, and video) comprising fitness assessments, any training, teaching or instruction session or course, or any Background Items and other materials or information, which We offer. The assessments, sessions, courses, Background Items and other information or materials are sold by Us through Our Site and made available by Us either in person or via Our Site by means of two way synchronous live stream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams); and recorded streamed non downloadable video and/or audio; and downloadable or other viewable text, graphics or other video, audio items or other items or information, including Background Items. Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any teacher(s) or other individual(s) presenting any content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;
“Subscription”

means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:

(a) one or more specific single events or items; and/or

(b) one or more series or collections of two or more specific events or items; and/or

(c) one or more or all types of events or items available on or via Our Site; and

(d) the Background Items.

We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription (as to which, see sub-Clause 7.4.6).

Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

“Subscription Confirmation”
means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID”
means the reference number for Your Subscription; and
“We/Us/Our”
means Wellness Authentik Limited, a company registered in England under company number 13546930, whose registered address is 5 Ella Mews, London, NW3 2NH.

2. INFORMATION ABOUT US

Our Site, www.authentikwellness.com, is owned and operated by Authentik Wellness Limited, a limited company registered in England under company number 13546930, whose registered address is 5 Ella Mews, London, NW3 2NH.

 

3. CONTACTING US

  • If You wish to contact Us with general questions, for matters relating to the Paid Content or Your Subscription Account, or for matters relating to cancellations, You may contact Us by telephone at 0207 284 1168, by email at hello@authentikwellness.com, or by post at 5 Ella Mews, London NW3 2NH.
  • To make a complaint, see Clause 15.

 

4. CONSUMERS ONLY AND AGE RESTRICTION

Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is aged at least 18 years of age may they do so. If you are aged under 18 years of age then you are required to obtain parental consent to access and use our Paid Content and Subscription.

Access to our Paid Content and Subscription will be denied to any users who have been previously suspended or removed from using the Site.

 

5. BUSINESS CUSTOMERS

These Terms of Use and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

 

6. SUBSCRIPTIONS, PAID CONTENT, PRICING AND AVAILABILITY

  • We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.
  • We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 14 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
  • In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 14 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
  • Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
  • We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).
  • If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
  • If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
  • Eligibility for any promotions or discounts apply at the time of purchase of any Subscription and cannot be changed during the term of your Subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
  • All prices on Our Site do not include VAT, as we are not VAT registered, and so VAT is not applicable. If our VAT status changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

6.10 Free Trials: At Our discretion, We may provide a free trial subscription for a fixed period of time of 21 days. Unless otherwise stated, such free trials are only available to new users and We reserve the right to cancel any free trial subscription if We become aware that the subscriber has already had a free trial subscription (under a different account name). Any attempt to register for a further free trail may result in You being charged for the applicable Subscription fee. Upon the expiry of a free trial subscription, the Subscription will automatically renew at the full Subscription price unless You cancel your Subscription before the end of the free trial period (see clause 6.11 for procedure).

6.11 Automatic Renewal of Subscription: Your subscription will automatically renew unless you cancel at least 24 hours before the end of the current billing period.

7. ORDERS – HOW CONTRACTS ARE FORMED

  • Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
  • If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
  • No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
  • Subscription Confirmations shall contain the following information:
    • Your Subscription ID;
    • Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
    • Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
    • The duration of Your Subscription (including the start date, and the expiry or renewal date);
    • Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
    • In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed.
  • In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 calendar days.
  • Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  • Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

 

8. PAYMENT FOR SUBSCRIPTIONS

  • Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).
  • We accept the following methods of payment on Our Site:
    • Debit or credit card;
    • PayPal payment;
    • Stripe payment.
  • We also accept payment for Subscriptions via your account with the applicable App Store that offers our Subscription.
  • If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 7 calendar days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
  • If You believe that We have charged You an incorrect amount, please contact Us at hello@authentikwellness.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

 

9. PROVISION OF PAID CONTENT

  • We undertake to make available to You on these Terms of Use the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.
  • All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

 

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is an in person session, the time and date when it is scheduled; (b) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (c) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to You and/or to others by Us) or by other circumstances. Any such delay will not normally exceed 15 minutes but if the start is delayed by more than that period then We will reschedule the session.

9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.

9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

9.4.1 To fix technical problems or to make necessary minor technical changes;

9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.4.

9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 7 days, You may end the Contract as described below in sub-Clause 13.2.

9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 48 hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

10. LICENCE

  • When You purchase a Subscription to access Paid Content, We will grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
  • The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
    • You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and

 

10.2.2 When You use a two way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it.

10.3 We are the owner or the licensee of all intellectual property rights in Our Site, the Paid Content and any materials available via our Subscription services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

10.4 We reserve the right to monitor Your use of the Subscription and to alter or revoke your Subscription at any time and for any reason.

10.5 The licence granted in this section 10 shall terminate and expire on termination of Your Subscription and/or closure of your Account.

11. PROBLEMS WITH THE PAID CONTENT

  • We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
    • If the Paid Content has faults, You will be entitled to a repair or a replacement.
    • If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
    • If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.
  • If there is a problem with any Paid Content, please contact Us at hello@authentikwellness.com or visit the contact page on Our Site to inform Us of the problem.
  • Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
  • Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.
  • For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

 

12. CANCELLING YOUR SUBSCRIPTION

  • If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
  • After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
  • If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
  • If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish. You can cancel by navigating to Your profile page and following the prompts to cancel Your Subscription. If You would prefer to contact Us directly to cancel, please use the following details:
    • Telephone: 020 7284 1168;
    • Email: hello@authentikwellness.com
    • Post: 5 Ella Mews, London, NW3 2NH;

 

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

  • Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
  • Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

12.7 Upon any cancellation, You will still be entitled to access the Subscription services and Paid Content for the remainder of the duration that you have paid for.

12.8 Where you have subscribed for the Paid Content through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that App Store.

13. YOUR OTHER RIGHTS TO END THE CONTRACT

  • You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.4), or to these Terms of Use that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
  • If We have suspended availability of the Paid Content for more than 7 days or We have informed You that We are going to suspend availability for more than7 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a partial refund.
  • If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial refund.
  • If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a full refund.
  • You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  • Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription [unless You specifically request that We make a refund using a different method].
  • If You wish to exercise Your right to cancel under this Clause 13, You may do so in any way You wish. If You would prefer to contact Us directly to cancel, please use the following details:

 

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

14. OUR LIABILITY TO CONSUMERS

  • We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Use (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
  • Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  • If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
    • We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
    • The damage has been caused by Your own failure to follow Our instructions; or
    • Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
  • Nothing in these Terms of Use seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or subcontractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
  • Nothing in these Terms of Use seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  • We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).
  • Disclaimer: Any features of the Paid Content that promote physical activity, nutrition or general wellness are for Your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to Your diet or lifestyle, We suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on our Site or via the Paid Content.

 

  • COMPLAINTS AND FEEDBACK
    • We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
    • All complaints are handled in accordance with Our complaints handling policy and procedure, available from Us on request at hello@authentikwellness.com.
    • If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
      • In writing, addressed to The General Manager, 5 Ella Mews, London, NW3 2NH; or

 

15.3.2 By email, addressed to The General Manager at hello@authetnikwellness.com

  • HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)

We will only use Your personal data as set out in Our Privacy Policy available from www.authentikwellness.com/privacy-policy-2/.

 

  • OTHER IMPORTANT TERMS

 

17.1 We may transfer (assign) Our obligations and rights under these Terms of Use (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Use (and the Contract) will not be affected and Our obligations under these Terms of Use (and the Contract) will be transferred to the third party who will remain bound by them.

17.2 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

17.3 If a court or other authority finds that any part(s) of these Terms of Use are unlawful, the remaining parts will remain in full force and effect.

17.4 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Use, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

17.5 We may revise these Terms of Use from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Use as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

 

  • LAW AND JURISDICTION
    • These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
    • As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
    • As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.

Attachment

1. Use of the Zoom web-conferencing platform or any applicable and approved cloud based web conferencing to access online fitness assessments, classes and instruction

We only offer fitness assessments, classes and instruction online (referred to below as “Instruction”) as an alternative that You can choose when You cannot attend a session or class at Our premises in-person for any reason.

We use technology which allows Us to provide You with Instruction provided that You have the appropriate technology (see below) to receive that Instruction. For this purpose, We use the Zoom cloud-based web conferencing platform (“Zoom”) or any applicable approved cloud based web conferencing to access online fitness assessments, classes and instruction.

Where We are to make any of the Instruction available by means of or any applicable approved cloud based web conferencing platform, it will be on the following basis.

2. The technology that We will be responsible for providing

We will subscribe to Zoom or any applicable approved cloud based web conferencing and will pay any necessary fees to Zoom or any applicable approved cloud based web conferencing platform to maintain that subscription. It will enable Us to act as “host” and to provide the Instruction to You over the internet via the Zoom or any applicable approved cloud based web conferencing platform facility.

To receive or participate in any fitness assessment or class instruction via Zoom or any applicable approved cloud based web conferencing platform, You will need to join a session which is within the scope of Your Subscription. You will not need to pay any fee or charge for use of the Zoom or any applicable approved cloud based web conferencing platform facility or to join that session: You will only need to pay for the Instruction made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any Zoom or any applicable approved cloud based web conferencing platform App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use Zoom or any applicable approved cloud based web conferencing platform.

3. The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in Instruction via Zoom or any applicable approved cloud based web conferencing platform.

You will need have access to and use the following non-exhaustive list of facilities for this purpose:

  • An appropriate functioning Device which is adequately charged;
  • An up to date Zoom or any applicable approved cloud based web conferencing platform App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive Instruction;
  • Stable, reliable, internet access with adequate speed;
  • A safe and suitable environment in which to watch, listen, speak where appropriate, and to carry out exercise;
  • Suitable exercise clothing; and
  • A yoga/pilates mat and, as advised by Us before You place Your order for a Subscription, any other exercise equipment that You will need.

We do not make supply or make available the Zoom or any applicable approved cloud based web conferencing platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of Zoom or any applicable approved cloud based web conferencing platform as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the Zoom or any applicable approved cloud based web conferencing platform but is instead downloadable directly from Our Site.

4. Scope of what We provide

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving Instruction. However, We may, if You request it, either before or during any session of Instruction, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice. We do not therefore take on any responsibility or accept any liability if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable to You under sub-Clause 14.3.

We will not be responsible or liable if You are unable to access any Instruction due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for Instruction that We have made available to You. Such causes beyond Our reasonable control may include (but are not limited to):

  • Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
  • Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
  • Failure of or defect in the Zoom or any applicable approved cloud based web conferencing platforms used by Us or You to make Instruction available to You; or
  • Your inability to access Instruction due to failure of or defects in Our Site etc.

5. Account setup needed

In order to purchase any Subscription and receive any Instruction, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You will be asked for additional information regarding Your Account, such as Your e-mail address and background health and fitness information.

We may limit the number of Accounts that you may create or maintain and may stipulate additional conditions and requirements for the opening or maintaining of any Accounts. We may, at our sole discretion, refuse to create an Account for you.

6. Your responsibility for Your Account and its security

You should not share the access credentials of your Account (including passwords) with any other person or allow any other person to access your Account. You must immediately notify us at hello@authentikwellness.com of any unauthorised use of your Account or any other breaches of security. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session of Your access of Instruction. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

7. Suspension and Termination of your Account

We have the right to suspend access to or terminate your account at any time and for any reason (including where you are in breach of any of the provisions in these terms of use), subject to section 6 of the terms of use and any applicable laws.

8. Your privacy and security on each occasion when You access Instruction

EITHER

Note that all Instruction that You purchase will be accessible only to You as an individual private lesson.

OR

Where any Instruction that You access is two way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You access it, it will also be made accessible to all others who have purchased it and choose to access it unless We have specified that it is to be made available on that occasion only to You as an individual private session.

Therefore, unless We specify that a particular two way session is only accessible to You, the following will apply to such a session:

  • When You sign in to Zoom or any applicable approved cloud based web conferencing platform, You should indicate Your first name only since Your name will be visible to Our other customers taking part;
  • You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the Zoom or any applicable approved cloud based web conferencing platform App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
  • The space You use should be free of others and it should be difficult to see or hear via the Zoom or any applicable approved cloud based web conferencing platform App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
  • There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
  • We cannot ensure privacy or confidentiality due to the nature of two way sessions involving customers in addition to You; and
  • In any event, it will be Your responsibility to ensure that You have a suitable space to use when You participate in any two way session in order to protect Your privacy and that of others in or near that space.

We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

9. Fitness, Health and Safety

You acknowledge and agree that:

  • An exercise session (“event”) may be physically strenuous;
  • Certain particular or series of exercises may be unsuitable for You if You have special needs, or any medical, health or fitness problem or condition;
  • Due to the remote nature of online events, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so, if during an event You fall ill or have an accident;
  • The teacher at each event will be appropriately qualified as a [INSERT] teacher and will be competent to conduct the event;
  • Any advice provided by a teacher involved in an event does not constitute medical advice and is not a substitute for advice provided by a medical professional;
  • You voluntarily participate in an event with full knowledge that even if a teacher involved in the event is not negligent there is an inherent risk of personal injury or illness arising from Your participation in any exercise and use of any equipment used by You;
  • When You setup an Account, and also when You purchase any Subscription, book and participate in any event, that will be Your confirmation that You have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect Your participation in that or any other event comprised in any Subscription that You have purchased or subsequently purchase.

You must therefore ensure that You are fit and well enough to participate in any event that You purchase, and You will at all times be responsible for Your own state of health, physical condition and wellbeing.

If You have any concerns about Your fitness or health, You should seek appropriate medical advice from Your GP, Physiotherapist or other relevant professional medical or other adviser before purchasing or participating in any event.

When You purchase a Subscription and at least 48 hours before You participate in any event, We advise You to tell Us:

(a) Of any special physical needs, any issue relating to Your health, fitness or physical limitations of which You are aware, and any medical condition or on-going medical treatment, which might be relevant to any activity to be undertaken at an event;

(b) Of any medical condition or if You are taking any medication which may affect Your ability to undertake any activities at an event or to use any equipment or facilities that You will or might use;

(c) Of any circumstances affecting Your health which may be worsened by any activities at an event; and

(d) If You are pregnant, and if so whether You are in the first 3 months of Your pregnancy.

We will discuss with You any such matter that You tell Us, and We will inform You if We decide not to accept Your order for a Subscription because of that medical, health or fitness issue or special need. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the issue.

10. Use of the Authentik Wellness Platform.

By using the Subscription services you may be granted access to the Authentik Wellness Platform. When using the Platform you confirm that you will not use the Platform for any of the following:

  • Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which You or We are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).
  • Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
  • Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
  • Fraud – any act that: (i) attempts to defraud Us or any other person; or (ii) provides false, inaccurate or misleading information to Us.

You are solely responsible for all content or materials that You submit or otherwise upload to or through the Platform or to Us (including any information contributed by You in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to Us (“Contributed Content“) and expressly agree not to submit or upload any Contributed Content which:

  • advertises or promotes any services or brands (with respect to You or any third party);
  • contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
  • You know not to be true and honest, or which spreads false or misleading statements;
  • You do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
  • impersonates any person or entity or otherwise associates, infers or misrepresents the user’s affiliation with a person or entity;
  • contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
  • contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
  • constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
  • may expose Us or other users of the Platform to any harm or liability of any kind; or
  • is contrary to any applicable laws, regulations or codes.

We have the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in Our sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform.

You acknowledge and agree that some of Your Contributed Content might continue to be publicly available on the Platform after your Account is closed or otherwise terminated, subject to Your right to have your Contributed Content removed upon request in accordance with applicable laws.

If You believe that any Contributed Content violates these Terms of Use or any applicable laws, including any copyright laws, you should report it to Us at hello@authentikwellness.com.

By posting or otherwise providing Contributed Content, you grant Us a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.

You represent and warrant that You own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide Us with such Contributed Content.

11. Authentik Wellness Forum Community Guidelines

The Authentik Wellness Forum is a dedicated place for women to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!

We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!

In order to help us all achieve this, we have a few simple guidelines we ask all users to adhere to. These guidelines form part of the Terms of Use. Please also refer to our Privacy Policy.

General Rules:

  • Always be polite and respectful towards others
  • Profanity is discouraged and will be moderated
  • No bullying/harassment or malicious comments
  • Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc)
  • Don’t post pro-anorexia/suicide/self-harm related content
  • Don’t post links to other sites that violate the forum guidelines
  • Spam, commercial advertising and self-promotion will not be tolerated
  • Use your discretion when posting personal information about yourself– do not post anything that you wouldn’t be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section ‘Sharing information in the Authentik Wellness Forum’ below for further details
  • We encourage halthy conversation and constructive debates but discourage arguments or content that is inflammatory.

If You find a post that you feel violates these guidelines, please flag it by using the ‘report’ feature next to the comment.

If You are found to violate or break any of these guidelines, or for cases where we deem appropriate, We may delete Your posts in the Forum and/or remove You from the Forum, as outlined in the suspension and termination sections of the Terms of Use.

Sharing information in the Authentik Wellness Community Forum:

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps.

  • If you do choose to share information which can be linked to you, be careful about what you post.
  • We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.
  • Do not share personal information about other people or content that you do not have the right to share in the Forum.
  • We have no responsibility over the information that you choose to post in the Forum.
  • Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.
  • If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.

12. POST-PREGNANCY PROGRAM

These provisions apply when You participate in the Post-Pregnancy Program offered by Us on the Platform. If You do not agree to these provisions,Yyou must not participate in the PostPregnancy Program.

When participating in any of the Post-Pregnancy Programs, You represent, warrant and acknowledge the following:

  • You are participating in the Post-Pregnancy Program entirely at Your own risk, and acknowledge that if You make any modifications to the Post-Pregnancy Program while participating in the Post-Pregnancy Program, or if You undertake, while pregnant, any of Our Programs or workouts not recommended by Us, You also do so entirely at Your own risk. In addition, You understand that, in participating in the Post-Pregnancy Program, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that You engage in post pregnancy and that You need to use caution and seek professional health advice if You are at all unsure about Your health or fitness to continue, or health concerns arise after, You have undertaken any exercise as part of the Post-Pregnancy Program; and
  • You have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Post Pregnancy Program

We make no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular user. Accordingly, We are not aware of and cannot determine Your individual suitability for the Post-Pregnancy Program.

Any information provided by You to Us in connection with the Post-Pregnancy Program, including the fact that You have received medical clearance to participate in the Post-Pregnancy Program, is true, and you further acknowledge that We have relied on this representation in assuming that You can participate safely in the Post-Pregnancy Program; and You know that you need to stop exercising and seek medical advice if at any time during or after having undertaken any exercise as part of the Post-Pregnancy Program, You feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that Your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Post-Pregnancy Program, or at any time thereafter).

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