Digital content terms and conditions.

CONTENTS
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CLAUSE
1. These terms………………………………………………………………………………………………………… 1
2. Information about us and how to contact us ……………………………………………………………… 1
3. Our contract with you ……………………………………………………………………………………………. 1
4. Our products and services …………………………………………………………………………………….. 2
5. Our rights to make changes …………………………………………………………………………………… 4
6. Your rights to end the contract ……………………………………………………………………………….. 5
7. Ending the contract where we are not at fault and there is no right to change your mind. … 6
8. If there is a problem with the product ………………………………………………………………………. 6
9. Price and payment……………………………………………………………………………………………….. 7
10. How we may use your personal information ………………………………………………………….. 7
11. Other important terms………………………………………………………………………………………… 7
12. Permission to use the digital content ……………………………………………………………………. 8

Our terms 

  1. These terms 
  • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.  
  • Why you should read them. Please read these terms carefully before you submit your  order to us. These terms tell you who we are, how we will provide products to you, how  you and we may change or end the contract, what to do if there is a problem and other  important information. If you think that there is a mistake in these terms [or require any  changes], please contact us to discuss.  
  1. Information about us and how to contact us 
  • Who we are. We are Eat Burn Sleep a company registered in England and Wales. Our  company registration number is 11338137 and our registered office is at Aston House,  Cornhill Avenue, London, United Kingdom. Our registered VAT number is 345 5308 04.  
  • How to contact us. You can contact our customer service team by writing to us at  support@eatburnsleep.com. 
  • How we may contact you. If we have to contact you we will do so by telephone or by  writing to you at the email address or postal address you provided to us in your order.  
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms,  this includes emails. 
  1. Our contract with you 
  • How we will accept your order. Our acceptance of your order will take place when we  email you to accept it, at which point a contract will come into existence between you  and us. 
  • If we cannot accept your order. If we are unable to accept your order, we will inform  you of this and will not charge you for the product. This might be because the product is  out of stock, because of unexpected limits on our resources which we could not  reasonably plan for, because a credit reference we have obtained for you does not meet  our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you  have specified.
  • Your order number. We will assign an order number to your order and tell you what it is  when we accept your order. It will help us if you can tell us the order number whenever  you contact us about your order. 
  1. Our products and services 
  • Digital content may vary slightly from their pictures. The images of the digital  content on our website are for illustrative purposes only. Although we have made every  effort to display the colours accurately, we cannot guarantee that a device’s display of  the colours accurately reflects the colour of the content. Your digital content may vary  slightly from those images.  
  • Seek Advice From Medical Professionals. As with any physical activity, it is important  that before beginning any fitness regime, you consult with your health care professional  to ensure that you are aware of your current health and any restrictions that are  appropriate for you. You should immediately seek medical attention if there are any  unanticipated changes to your physical condition at any time. 
  • No information contained in the Website is intended to be used as medical advice and  the Website is not intended to be used to diagnose, treat, cure or prevent any medical  condition (including any mental health conditions) or for any therapeutic purposes.  Before relying on the information on the Website, you should carefully evaluate the  accuracy and relevance of the information for their purposes and obtain appropriate  professional medical advice. 
  • You must consult a qualified medical professional if you have any questions concerning  your medical condition or injury. 
  • Our service shall be delivered as described from time to time on our Website. You  acknowledge and understand that access to any specific trainer mentioned in the  Website, in person or on-line, is not guaranteed. 
  • The team includes experts on nutrition and fitness. Our experts may receive requests  from members about that member’s specific circumstances. Our experts may provide  health, fitness or nutritional information, but will do so for educational purposes only and  not as medical advice. We do not offer or provide professional medical advice,  diagnosis, treatment or rehabilitation. We may refer you and other members to certain  third party resources.  
  • Nutritional Information
  • Nutritional information provided on the Website is taken from sources provided by third  parties, and food manufacturers, where applicable. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness  and relevance of this information for your purposes, and consider the need to obtain  appropriate expert advice relevant to your circumstances. Neither Eat Burn Sleep nor  any other provider of nutritional information on the Website gives any warranty that the  information is free from error or suitable for your purposes. 
  • There are limitations associated with food composition and nutritional information  databases. Nutrient data published in a database may represent an average of the  nutrient content of a particular sample of foods and ingredients, determined at a  particular time. The nutrient composition of foods and ingredients can vary substantially  between batches and brands because of a number of factors, including changes in  season, changes in formulation, processing practices and ingredient source. While most  of the data contained in databases are generated from analyzed values, some of the  data are borrowed from overseas food composition tables; supplied by the food industry;  taken from food labels; imputed from similar foods; or calculated using a recipe  approach. 
  • Fitness Level 
  • You must be in a moderate level of fitness to follow the exercise programs set out in our  information service and on our Website. Persons with pre-existing medical conditions, in  poor health, or those commencing a new fitness regime should consult with an  appropriate healthcare professional before beginning any of these programs. You are  responsible to make your own inquiries and seek independent advice from a healthcare  professional before acting on any information or material made available to you through  our Website. The information on the Website may not be suitable to your particular  circumstances and is not a substitute for obtaining specific advice from a qualified health  care professional. For example, if you fall within one of the following classes of persons,  then you should first consult a healthcare professional before following any exercise  programs or using any of the information on the Website: 
  • pregnant women; 
  • women who are breastfeeding; 
  • persons with any ongoing physical condition proscribing exercise or physical activity: • persons suffering from cancer or other long term illness; 
  • persons with liver disease, kidney disease, or renal failure;
  • persons with eating disorders; 
  • persons with diabetes, blood pressure or cholesterol issues; 
  • elderly persons;
  • persons recovering from or recently recovered from illness or injury; and • persons with a low body mass index. 
  • Further, even if you do not fall into the above classes of persons, you acknowledge that  the service that we provide on the Website is an information service only, and that you  are solely responsible for (at your own discretion) following (or not following) any  exercise program or regime that we provide as part of the information service. Our  service does not include any supervision or monitoring of your activity, and we are not  responsible for any injuries that you may suffer as a result of following the exercise  program or regime. To the extent we supply any “recreational services” or “recreational  activities” under any State civil liability or consumer protection legislation or  corresponding services or activities under any other applicable local law from your  jurisdiction, you acknowledge that your participation in the recreational services and  activities may involve risks, including personal injury and death. Prior to participating in  the recreational services and activities, you must assess all the risks involved, including  risks that may be caused by your own acts or omissions, your health condition, those of  other users of the Website and risks that are not known to you or are not readily  foreseeable at the time of participating in the recreational services and activities. By  participating, you are doing so voluntarily and at your own risk. To the extent permitted  and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your  participation in any recreational services and activities that we may provide. To the  maximum extent permitted by law, we exclude all liability arising from or in connection  with any recreational services or activities for: (1) death; (2) physical or mental injury  (including the aggravation, acceleration or recurrence of such an injury); (3) the  contraction, aggravation or acceleration of a disease; and (4) the coming into existence,  the aggravation, acceleration or recurrence of any other condition, circumstance,  occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or  may be harmful or disadvantageous to you or the community; or (b) that may result in  harm or disadvantage to you or the community, resulting from the supply of recreational  services or recreational activities. 

 

  1. Our rights to make changes 
  • Changes to the digital content. We may change the digital content
    1. (a) to reflect changes in relevant laws and regulatory requirements 
    2. (b) to implement minor technical adjustments and improvements, for example to  address a security threat.

     

  • Updates to digital content. We may update digital content, provided that the digital  content shall always match the description of it that we provided to you before you  bought it.  

If the product is a one-off purchase of digital content. We will make the  digital content available for download by you as soon as we accept your order. 

  • We are not responsible for delays outside our control. If our supply of the digital  contents 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. 
  1. Your rights to end the contract. 

If you have just changed your mind about the product. You may be able to  get a refund if you are within the cooling-off period, but this may be subject to  deductions. 

  • Exercising your right to change your mind (Consumer Contracts Regulations  2013). For most products 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 terms.  

When you don’t have the right to change your mind. You do not have a right to  change your mind in respect of: 

digital products after you have started to download or stream these; you must  read the following statement, agree to it, and tick the relevant box when buying  the digital content: ‘I hereby consent to immediate performance of this contract  when clicking on the ‘pay now’ button and acknowledge that I will lose my right  of withdrawal from the contract once the automatic download of the digital  content has begun’. 

  • How long do I have to change my mind? How long you have depends on what you  have ordered and how it is delivered. 

Have you bought digital content for download or streaming? if so, you have  14 days after the day we email you to confirm we accept your order, or, if  earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. 

  1. Ending the contract where we are not at fault and there is no right to change your  mind.  

Even if we are not at fault and you do not have a right to change your mind you can still  end the contract before it is completed. A contract for goods or digital content is  completed when the product is delivered, downloaded or streamed and paid for. A  contract for services is completed when we have finished providing the services and you  have paid for them. If you want to end the contract in these circumstances, just contact  us to let us know. The contract will not end until 12 calendar months after the day on  which you contact us. For example, if you tell us you want to end the contract on 4  February, we will continue to supply the product or service until 3 February the following year 

  • We may end the contract if you break it. We may end the contract for a product at any  time by writing to you if: 

you do not make any payment to us when it is due and you still do not make payment  within 7 days of us reminding you that payment is due; 

  1. If there is a problem with the product 
  • How to tell us about problems. If you have any questions or complaints about the  product, please contact us. You can email our customer service team. 
  • Summary of your legal rights. We are under a legal duty to supply products that are in  conformity with this contract. See the box below for a summary of your key legal rights in  relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed  information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. 

a) If your product is digital content, for example, the Consumer Rights Act 2015 says digital content must  be as described, fit for purpose and of satisfactory quality: 

b) If your digital content is faulty, you’re entitled to a repair or a replacement. 

c) 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.  

d) 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

  1. Price and payment 
  • Where to find the price for the product. The price of the product (which includes VAT)  will be the price indicated on the order pages when you placed your order. We use our  best efforts to ensure that the price of the product advised to you is correct.  
  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you  pay, unless you have already paid for the product in full before the change in the rate of  VAT takes effect. 
  • When you must pay and how you must pay. We accept payment with CREDIT AND  DEBIT CARDS. When you must pay depends on what product you are buying: 

(a) For digital content, you must pay for the products before you download them. 

You must make an advance payment of 100% of the price of the services,  before we start providing them.  

(b) Annual memberships: 

Annual memberships will automatically renew at the end of each year that you  have paid for unless you have told us that you don’t want your membership to  continue. We will contact you to remind you that your membership is due to  renew, this reminder will usually be sent to you approximately five (5) weeks  before your renewal date so that you have time to consider whether you want to  end your membership before it renews. Please ensure that we always have  your up to date contact details. 

When your membership ends: 

(c) Once your membership has ended you will not be able to access digital content  10. How we may use your personal information 

  • How we may use your personal information. We will only use your personal  information as set out in our PRIVACY POLICY. 
  1. Other important terms 
  • We may transfer this agreement to someone else. We may transfer our rights and  obligations under these 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  contract OR We will contact you to let you know if we plan to do this.
  • You need our consent to transfer your rights to someone else (except that you  can always transfer our guarantee). You may only transfer your rights or your  obligations under these terms to another person if we agree to this in writing. 
  • Nobody else has any rights under this contract. This contract is between you and us.  No other person shall have any rights to enforce any of its terms. Neither of us will need  to get the agreement of any other person in order to end the contract or make any  changes to these terms. You should not allow any other person to obtain access using  your membership details. 
  • If a court finds part of this contract illegal, the rest will continue in force. Each of  the paragraphs of these terms operates separately. If any court or relevant authority  decides that any of them are unlawful, the remaining paragraphs will remain in full force  and effect. 
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not  insist immediately that you do anything you are required to do under these terms, or if  we delay in taking steps against you in respect of your breaking this contract, that will  not mean that you do not have to do those things and it will not prevent us taking steps  against you at a later date. For example, if you miss a payment and we do not chase you  but we continue to provide the products, we can still require you to make the payment at  a later date. 
  • Which laws apply to this contract and where you may bring legal proceedings.  These terms are governed by English law and you can bring legal proceedings in  respect of the products in the English courts. If you live in Scotland you can bring legal  proceedings in respect of the products in either the Scottish or the English courts. If you  live in Northern Ireland you can bring legal proceedings in respect of the products in  either the Northern Irish or the English courts. 
  1. Permission to use the digital content 
  • When you buy the digital content and download it you will not own it. Instead, we give  you permission to use it (also known as a ‘licence’) for the purpose of you using and  enjoying it according to this contract. 
  • The digital content is: 
    1. (a) personal to you. You can use it wherever you want in the world but only if you  comply with local laws; 
    2. (b) is non-exclusive to you. We may supply the same or similar digital content to  other users; 
      may not be:
      1. (i) copied by you except for a reasonable number of necessary back-ups
      2. (ii) changed by you and then the modified material distributed 
      3. (iii) distributed or sold by you to any third party 
    3. (c) contains information which is owned by us or third parties or both. You must not  conceal, change or remove any markings which show who owns this  information, such as copyright (©), registered trade mark (®) or unregistered  trademark (™) markings.