Digital content terms and conditions.

These terms

  • What these terms cover. These are the terms and conditions which relate to the supply of 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 the digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

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.

 

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 digital content. This might be because of unexpected limits on our resources which we could not reasonably plan for.

 

Our services

  • 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 on 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 several 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.

 

The right to make changes

  • 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.
  • Changes to the digital content. We may change the digital content:
    • (a) to reflect changes in relevant laws and regulatory requirements
    • (b) to implement technical adjustments and improvements, for example to address a security threat.
    • (c) to reflect the service that we provide.
  • Updates to digital content. We may update digital content, provided that the digital content shall match the description of it that we provided to you.
  • We are not responsible for delays outside our control. If our supply of the digital content 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.
  • When you don’t have the right to change your mind. You do not have a right to change your mind after you click the ‘pay now’ button and access the digital content on the platform. Once you have accessed the platform you have consumed the digital content. 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 digital content has been accessed’.
  • You have 14 days to change your mind after the day we email you to confirm we accept your order, or, if earlier, until you access the content or at our discretion. 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.
  • In the instance where a refund is applicable, a transaction fee will be applied, at the seller’s discretion.
  • 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 digital content is completed when the content is delivered and paid for. 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 digital content or service until 3 February the following year.
  • We may end the contract if you break it.
  • We may end the contract for a at any time by writing to you if:
  • you do not make any payment to us when it is due
  • If there is a problem with the digital content
  • How to tell us about problems. If you have any questions or complaints about the digital content, please contact us. You can email our customer service team.
  • Summary of your legal rights. We are under a legal duty to supply digital content that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital content . 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.

 

Price and payment

  • Where to find the price for the digital content. The price of the digital content (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 digital content 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 digital content, we will adjust the rate of VAT that you pay, unless you have already paid for the digital content 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 you are buying:
    • (a) For digital content, you must pay for the digital content before you access them.
      You must make an advance payment of 100% of the price of the digital content, before we start providing it.
    • (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. Please ensure that we always have your up-to-date contact details.
    • (c) When your membership ends:
      Once your membership has ended you will not be able to access digital content

 

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.
  • 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 digital content, 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 digital content in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the digital content in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the digital content in either the Northern Irish or the English courts.

 

Permission to use the digital content

  • When you buy the digital content and access 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:
    • (a) personal to you. You cannot share the content or allow any other person access to your account or share password and login details. You can use it wherever you want in the world but only if you comply with local laws.
    • (b) is non-exclusive to you. We may supply the same or similar digital content to other users.
      The digital content may not be:
      (i) copied by you
      (ii) changed by you and then the modified material distributed
      (iii) distributed or sold by you to any third party
      (iv) not used for any commercial purposes
    • (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 (TM) markings.