Terms 2017-10-26T09:45:47+00:00

OUR TERMS

Member acknowledgement and assumption of risk and full release from liability of AllShapeUp Ltd: member acknowledges that the exercise / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, gymnastic movements, various aerobic conditioning exercises and various nutritional programs offered by AllShapeUp Ltd. Member acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after member participation in the physical activities.

Member’s further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a member, slip and fall by member, or an unknown health problem of a member.

Member’s agree to assume all risk and responsibility arising from participation in the physical activities. Member affirms that member is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Member acknowledges participation will be physically and mentally challenging, and member agrees that it is the responsibility of member to seek competent medical advice regarding any concerns or questions concerning the ability of member to take part in AllShapeUp’s physical activities. By signing this agreement, member affirms that he or she is capable of participating in the physical activities. Member agrees to assume all risk and responsibilities for exceeding his or her physical limits.

Member, on behalf of member, his or her heirs, assigns and next of kin, waives any claims against and releases AllShapeUp Ltd (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that member may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in AllShapeUp activities, including, but not limited to the exercises / nutritional programs and the physical activities.

Although in depth information and specific exercises are given, users of this service should not rely exclusively on information provided within a membership for their own health needs as it is branded as a set of “guidelines” aimed at a broad spectrum audience. All specific medical questions should be presented to your own health care professional.

AllShapeUp Ltd makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinion, advice, services or other information contained, or referenced to, in this membership. AllShapeUp Ltd does not assume any risk for your use of this information as such materials or content may not contain the most recent information. It is a guideline which has emerged via a combination of personal experiences throughout the employees at AllShapeUp Ltd.

  1. Further Terms
    1. What these terms cover. These are the terms and conditions on which we supply services to you, whether these are goods, services or digital content.
    2. 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 services 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, please contact us to discuss.
  2. INFORMATION ABOUT US AND HOW TO CONTACT US
    1. Who we are. We are AllShapeUp a company registered in England and Wales.
    2. How to contact us. You can contact us by emailing us at enquiries@allshapeup.com.
    3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
    4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. OUR CONTRACT WITH YOU
    1. 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.
    2. 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.
    3. Your order confirmation. We will send you a confirmation e-mail when we accept your order.
  4. OUR SERVICES
    1. Services may vary slightly from time to time. The services on our website are for illustrative purposes only.
  5. YOUR RIGHTS TO MAKE CHANGES
    1. None.
  6. OUR RIGHTS TO MAKE CHANGES
    1. Minor changes to the services. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements, for example to address a security threat.
    2. More significant changes to the services and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
  7. PROVIDING THE SERVICES
    1. When we will provide the services. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in Clause 8 or we end the contract by written notice to you as described in Clause 10.
    2. We are not responsible for delays outside our control. If our supply of the services are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
    3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, name, payment details, address and e-mail address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    4. Reasons we may suspend the supply of services to you. We may have to suspend the supply of a product to:
      1. deal with technical problems or make minor technical changes; or
      2. update the product to reflect changes in relevant laws and regulatory requirements.
    5. Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 14 days in any 30 day period we will notify you. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
    6. We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see Clause 12.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see Clause 12.5).
  8. YOUR RIGHTS TO END THE CONTRACT
    1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
    2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the services may be significantly delayed because of events outside our control;
      4. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
      5. you have a legal right to end the contract because of something we have done wrong.
    3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by AllShapeUp to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed services (see Clause 11.2):

      Right under the Consumer Contracts Regulations 2013
      14 day period to change your mind. Consumer to pay costs of return.

      How our goodwill guarantee is more generous
      28 day period to change your mind. We pay the costs of return.

    5. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
      1. digital services after you have started to download or stream these;
      2. services, once these have been completed, even if the cancellation period is still running;
    6. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
      1. Have you bought services If so, you have 28 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
      2. 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.
    7. 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 (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. 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 a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £50 as compensation for the net costs we will incur as a result of your ending the contract.
  9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      Email. Email us at enquiries@allshapeup.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. When we will pay the costs of return. We will pay the costs of return:
      1. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      2. if you are exercising your right to change your mind.
        In all other circumstances you must pay the costs of return.
    3. How we will refund you. We will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    4. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
    5. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    6. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
      Your refund will be made within 14 days of your telling us you have changed your mind
  10. OUR RIGHTS TO END THE CONTRACT
    1. 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:
      1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
      3. you do not, within a reasonable time, allow us to deliver the services to you.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you £50 as compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for services which will not be provided.
  11. IF THERE IS A PROBLEM WITH THE PRODUCT
    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at enquiries@allshapeup.com
    2. Summary of your legal rights. We are under a legal duty to supply services 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.
    3. 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.
    4. If your product is goods, for example clothing or fitness accessories, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
      1. up to 30 days: if your goods are faulty, then you can get an immediate refund.
      2. up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
      3. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
        See also Clause 8.3.
    5. If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
      1. if your digital content is faulty, you’re entitled to a repair or a replacement.
      2. 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
      3. if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
        See also Clause 8.3.
    6. If your product is services, the Consumer Rights Act 2015 says:
      1. you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
      2. if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
      3. if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
    7. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
  12. PRICE AND PAYMENT
    1. 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 take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.2 for what happens if we discover an error in the price of the product you order.
    2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    3. When you must pay and how you must pay. We accept payment via PayPal and Online Banking.
      1. For digital content, you must pay for the services before you download them.
    4. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and for defective services under the Consumer Protection Act 1987
    3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  14. HOW WE MAY USE YOUR PERSONAL INFORMATION
    1. How we will use your personal information. We will use the personal information you provide to us:
      1. to supply the services to you;
      2. to process your payment for the services; and
      3. if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
    2. We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
    3. We will only give your personal information to third parties where the law either requires or allows us to do so.
  15. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You may not transfer your rights to someone else.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 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.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, 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 services, we can still require you to make the payment at a later date.
    6. 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 services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
    7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.

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