· Camera (to take pictures and videos);
· Storage (to read/write contents of your internal memory/SD card); and
· Other (access Do Not Disturb; download files without notification; have full network access; view network connections; prevent phone from sleeping; Play Install referrer API; and receive data from Internet)
1. WHO WE ARE AND HOW TO CONTACT US
1.1. Who we are. When we say we, us or our, we mean Team RH Fitness Ltd, a company registered in England and Wales under company number 10675855. Our registered office is at Unit 11, Portobello Trade Park, Portobello Road, Birtley, Chester Le Street, DH3 2SB, United Kingdom. Our main trading address is at our registered office. Our VAT number is 273576082.
1.2. How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our App or Our Product are faulty or misdescribed, or wish to end your contract with us, you can contact us by:
1.3. How we may contact you. If we have to contact you we will do so by e-mail or social media.
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2. ABOUT OUR TERMS
2.1. What Our Terms cover. These are the terms and conditions (Our Terms) on which we license you to use:
2.2. Why you should read Our Terms and what will happen if you do not accept Our Terms. Please read Our Terms carefully and make sure that you understand them, before buying our Team RH Life Plan subscription and signing up to and using our App. They set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Before paying for the Team RH Life Plan you will be asked to agree to Our Terms. If you refuse to accept Our Terms, you will not be able to purchase the Team RH Life Plan or to sign up to or use our App. You should retain a copy of Our Terms for future reference.
2.3. You must be at least 18 years old. Our App and Our Product are not intended for children. You must be at least 18 years old to accept Our Terms, use our App and Our Product.
2.4. Languages. Our Terms, App and Our Product are only available in English.
2.5. How to get started. Our Product is available on a subscription basis. Once you have paid for and placed an order on our website, you will receive our email confirming your purchase and providing you with information on how to access Our Product through our App. You will need to download our App from Apple App Store for iOS or Google Play for Android (App Platform), and sign in to begin to use Our Product on the App. If you choose our monthly subscription, you will also need to set up a Direct Debit to pay for the subscription fees before you can sign in to use Our Product on the App.
2.6. You must register to use our App. After downloading and installing our App from the App Platform, you must complete the sign-up process on our App before you can access Our Product. You must register using accurate information, including your name and email address. If your details change after registration, you must update them on our App. You must keep your account details secure and not share them with anyone else.
2.7. Formation and duration of the contract. We will ask you to expressly agree to Our Terms before placing an order for Our Product on our website. When you receive our confirmation email, a legal contract between you and us governed by Our Terms will come into force. Sometimes we may refuse to accept your order, in which case we will notify you of our refusal and no contract will come into force between you and us. This may happen, for example, if:
2.8. Duration of the contract. The duration of the contract with you depends on the type of your subscription plan. If you choose:
2.9. Changes to Our Terms. We may need to change Our Terms from time to time, for example, to reflect changes in law or best practice, or to deal with additional features, which we introduce to our App or Our Product. We will give you at least 30 days’ notice of any change by sending you an email with details of the change. We will also ask you to accept changes to Our Terms when you start our App after expiry of that 30 days’ notice. If you do not accept the changes, you will not be permitted to continue to use our App and Our Product and you may apply to us for a refund, which will reflect the period the App and Our Product have been available to you prior to termination. If you would like to view previous versions of our terms, please let us know by using one of the contact methods in clause 1 (Who we are and how to contact us).
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3. YOUR PRIVACY
3.1. Our Privacy Notice. Under data protection legislation, we are the data controller of your personal data processed through our App, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice. It is important that you read that information.
3.2. Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our App or Our Product may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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4. ADDITIONAL TERMS FOR SPECIFIC FEATURES
4.1. Terms that apply to additional features. In addition to Our Product, you can also access through our App the additional features set out below. Your use of these features will be governed by the following terms and conditions:
Please also see clause 5 (App Platform Terms Also Apply) and clause 13 (External Products) to read about terms and conditions of products integrated with or related to our App and Our Product but provided by third party suppliers.
4.2. The additional terms do not form part of Our Terms. Those other terms listed in clause 4.1 are separate from and do not form part of Our Terms. We will ask you to accept those other terms before you use the features to which those other terms apply.
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5. APP PLATFORM TERMS ALSO APPLY
5.1. Platform Terms. Our Terms are a legal contract between you and us. Operators of the online sales and distribution platforms from where our App is available for downloading (App Platforms) are not part of that contract. However, if you download our App from an App Platform, the ways in which you can use the App and Our Product will also be controlled by the terms and conditions of that App Platform (Platform Terms), which are a contract between you and your App Platform operator. The relevant Platform Terms are:
5.2. Matters covered in the Platform Terms. The Platform Terms may cover such matters related to our App as: payments, family sharing, subscriptions, refunds, cancellations, re-downloads, and updates. However, Our Terms may include additional provisions in relation to these matters, and we are solely responsible for providing the App and Our Product to you, providing maintenance and support, and handling any complaints (including in relation to defects). Therefore, you should read both documents.
5.3. If there is a conflict between Our Terms and Platform Terms. In the event of any conflict between a provision of Our Terms, and a provision of the Platform Terms that apply to you:
5.4. We can enforce Platform Terms. Those provisions of the Platform Terms that impose obligations and/or liabilities on you in relation to our App and/or Our Product (for example, in respect of payments for and restrictions on your use of the App and Our Product) are treated as incorporated into Our Terms for our benefit. This means that, to the extent that the provisions of the Platform Terms that apply to you are for our benefit, they are treated as being part of Our Terms, and we will be able to enforce them against you.
5.5. App Platform operator may enforce Our Terms. Your App Platform operator is a third party beneficiary of Our Terms to the extent that it enables them to enforce against your rights set out in Our Terms for the benefit of your App Platform operator.
5.6. Your App Platform operator is not liable to you under Our Terms. You can enforce your rights under the contract between you and us governed by Our Terms against us but not against your App Platform operator.
5.7. App Platform privacy notice. Your App Platform operator is responsible for the processing of your personal data through their App Platform. For further information, please read the privacy notice of your App Platform operator: Apple Privacy Notice, Google Privacy Notice.
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6. PURCHASES AND PAYMENTS
6.1. No App download fee. Our App is free to download from the App Platforms, but you will need to pay the subscription fees set out in this clause 6 for access to Our Product.
6.2. Subscription prices. All our subscription fees:
6.3. Annual subscription with one up-front fee. If you choose our annual subscription plan, with one up-front fee, you will need to pay for your 12 months’ subscription when placing your order for Our Product on our website, or when you renew your subscription in-app or on our website. When paying through our website, you can pay by credit or debit card. When renewing your subscription in-app through your App Platform, you can pay using the payment methods permitted by your App Platform.
6.4. Subscription with monthly instalments. Currently, our subscription plan with monthly instalments is only available to you if you live in the United Kingdom or in the Republic of Ireland. This is because our payment solutions provider currently can only offer monthly subscription payments only to customers who have UK or Irish bank accounts. If you choose this plan, you will need to pay our subscription fees in monthly instalments. The first monthly instalment must be paid using a credit or debit card when placing your order for Our Product on our website. You will then need to set up a Direct Debit and pay ongoing monthly instalments by Direct Debit. We will send you an email with instructions on how set up the Direct Debit. We will continue collecting the monthly fees from you by Direct Debit until you end the contract in accordance with clause 15 (Your rights to suspend or end this contract) or we end it in accordance with clause 16 (Our rights to suspend or end this contract). If your bank account details change at any point during your subscription, you must notify us and set up a new Direct Debit using the new details.
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7. HOW YOU MAY USE OUR APP AND OUR PRODUCT
7.1. How you may use our App and our Product. In return for your agreeing to comply with Our Terms and in return for the subscription fees you pay to us in respect of Our Product, you may:
7.2. You can only use our App as permitted in Our Terms. The rights which we grant to you under this clause 7 are subject to the restrictions in clauses 8 (Licence restrictions) and 9 (Acceptable use restrictions), and other terms of Our Terms. Any use of our App or Our Product, which does not adhere to the rules set out in Our Terms, is a material breach of Our Terms.
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8. LICENCE RESTRICTIONS
8.1. Personal use only. You may use our App and Our Product for your own, private, non-commercial purposes only.
8.2. No sharing. Our Product is personal to you. It is not designed for sharing. You must provide your own, accurate information into our App. You must not enter any other person’s data into our App.
8.3. Conflict of interests. You must not, during the term of your contract with us, develop, own, manage, promote, or be otherwise commercially affiliated with any other online nutrition, fitness and lifestyle coaching service.
8.4. You must keep your device and account secure. You are responsible for keeping your device and your account with our App safe and secure. You must promptly notify us of any unauthorised use or security breach of your account or Our Product.
8.5. You may not transfer our App to someone else. We are giving you personally the right to use our App and Our Product. You may not transfer our App or Our Product to someone else, whether for money, for anything else or for free. If you sell any device on which our App is installed, you must remove our App from it.
8.6. Prohibited actions. You agree that you will:
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9. ACCEPTABLE USE RESTRICTIONS
9.1. Harm to us or our users. You must not (or permit or assist others to):
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Our copyright. Copyright © 2016 - 2020 Team RH Fitness Limited.
10.2. Our trade marks. Team RH Fitness, Team RH Life Plan, our logos and our other trade marks are trade marks belonging to us or our licensors. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
10.3. You do not own our App or Our Product. All intellectual property rights in the App and Our Product throughout the world belong to us (or our licensors) and the rights in the App and Our Product are licensed (not sold) to you. When we refer in Our Terms to buying the App or Our Product, we mean paying for the right to use the App and/or Our Product in accordance with Our Terms, rather than for obtaining the ownership of the App and/or such digital content.
10.4. Your rights are limited to use. You have no intellectual property rights in, or to, our App or Our Product other than the right to use them in accordance with Our Terms. Any goodwill derived from the use by you of our intellectual property rights will accrue to us or our licensors.
10.5. Proprietary marks and notices. You must not remove any trade marks, service marks, labels or other legal or proprietary notices included in our App or Our Product, or attempt to modify any content obtained through our App or Our Product, including any modification for the purpose of disguising or changing any indications of the ownership or source of that content.
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11. YOUR CONTENT
11.1. Meaning of “your content”. In Our Terms, “your content” means all data, works and materials (including text, graphics, images, audio material, video material, audio-visual material, and data) which you upload, submit, send to or store on our App, website, and/or Facebook Group, transmit using our App, website and/or Facebook Group, supply to us for uploading to, transmission by or storage on our App, website, and/or Facebook Group, or generated by the App, website or Facebook Group as a result of your use of Our Product (but excluding analytics data relating to your use of the App and Our Product and server log files).
11.2. You must have the right to submit your content to us. You must have the necessary rights to submit your content to our App and Our Product. You must also have the right to give us the permission to use your content as set out in clause 11.4 below.
11.3. Confidentiality of your content. Your subscription to Our Product includes the right to join our members’ only Facebook Group and to interact with the Team RH community. We cannot guarantee that any information that you post or otherwise share on our Facebook Group will be confidential. For that reason, you should not disclose through our Facebook Group (or any other social media platforms) any information or other content which is of a confidential nature.
11.4. Permissions you give us to your content. You grant us a worldwide, non-exclusive, royalty-free, perpetual licence to use, copy, reproduce, store, distribute, publish, export, adapt, edit, translate, and create derivative works of, display and perform your content to the extent reasonably required for the performance of our obligations and the exercise of our rights under Our Terms, related marketing and our internal purposes, consistent with your privacy settings within our App. You also grant us the right to sub-license these rights to our hosting, connectivity and telecommunications service providers, subject to any express restrictions elsewhere in Our Terms. This licence will end when your content is deleted from our systems, or in case of your content published on our Facebook Group, when your content is deleted from that Facebook Group.
11.5. How to delete your content from our App. You can delete items of your content individually by selecting specific entries of data and deleting them, or in its entirety by deleting your account. You can delete your account by contacting us at email@example.com and requesting your account to be erased. You can download a copy of your data at any time before deleting your account by contacting us at firstname.lastname@example.org. When you delete your content from our App, it will no longer be visible to other app users, but:
11.6. Your content must not breach any laws or be inappropriate. Your content, and the use of your content by us in accordance with Our Terms, must not:
11.7. You must not allow others to breach the rules. You must not assist or permit any person to use our App or Our Product in a way that breaches the rules set out in clause 11.6 above.
11.8. If somebody else’s content breaches the rules. If you notice that another user’s content does not comply with the rules set out in clause 11.6 above, please report it to us.
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12. AVAILABILITY, UPDATES, CHANGES, DEFECTS AND SUPPORT
12.1. We do not guarantee availability of our App. We will use reasonable skill and care to provide our App and Our Product to you and to keep them safe, secure and error-free but we do not promise that your use of our App or Our Product will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our App and Our Product to you but we do not guarantee 100% availability. For example, our App and Our Product may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
12.2. Updates to our App and changes to Our Product. From time to time, we may automatically update the App and change Our Product to improve performance, enhance functionality, reflect changes to the operating system, address security issues or implement new versions of our App. Alternatively, we may ask you to update our App for these reasons or make such update available to you. You may be able to manage your App update preferences in your App Platform settings or your device settings. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and Our Product.
12.3. Support for the App. If you want to learn more about the App or Our Product or have any problems using them, please take a look at our support resources at our Help Centre on our website. You may also contact us via the Help Centre and we may assist you in resolving any issues and provide you with support in relation to your use of our App, but we have no obligation to do so under Our Terms. We will have no obligation to provide support in respect of issues caused by the improper use of Our App or any alteration to the App made without our prior consent.
12.4. If there is a problem with our App or Our Product. If our App or Our Product are faulty, inaccurately described, or if Our Product is not provided with reasonable care and skill, you may be entitled to a refund, replacement or repeated performance. For a summary of your key statutory rights, please see clause 19 (Consumer rights). If there is a problem with our App or Our Product, you have a complaint, or wish to contact us for any other reason please contact us using one of the contact methods in clause 1 (Who we are and how to contact us).
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13. EXTERNAL PRODUCTS
13.1. Your access to third party products. Our App may allow you to access, use or interact with third party apps, websites, content or other products or services (External Products). Please note that:
13.2. You are responsible for third party fees. You are responsible for:
13.3. Endorsed External Products.
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14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with Our Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking Our Terms 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 you accepted Our Terms, both we and you knew it might happen.
14.2. 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 or for fraud or fraudulent misrepresentation.
14.3. Limitations to our App and Our Product.
Our Product is intended to assist you in your personal efforts towards a better understanding of nutrition and physical fitness. We are not medically trained or qualified. Nothing in Our Product should be construed as medical advice. If you suffer from any type of health or medical condition (whether temporary or chronic), or if you are pregnant, you should obtain professional medical advice before subscribing to, or continuing to use to Our Product, or taking or refraining from any action on the basis of information obtained through your use of Our Product.
14.4. We will not be in breach of Our Terms if you incur losses as a result of the App Platform operator’s exercise of their contract rights. Your operator of the App Platform has rights under their Platform Terms which may affect the exercise of your rights under Our Terms. Except as set out in clause 14.2 above, we will not be in breach of Our Terms as a result of, and will not be liable to you in respect of any loss or damage arising out of, the operator's exercise of its rights under their Platform Terms.
14.5. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or may be liable to pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.6. We are not liable for business losses. Our App is for private, non-commercial use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.7. Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with our App, to protect yourself in case of problems with our App or Our Product.
14.8. Events outside our control. If our provision of Our Product or support for our App or Our Product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if the delay continues for more than 30 days, you may contact us to end your contract with us and you may apply to your App Platform for a refund for Our Product you have paid for but not received.
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15. YOUR RIGHTS TO SUSPEND OR END THIS CONTRACT
15.1. When you can request to suspend this contract. This clause 15.1 applies to you if you are on our subscription plan with monthly instalments. We recognise that sometimes you may be temporarily unable to use Our Product (for example, because you are pregnant, gave birth in the last three months and have been advised by a medical practitioner that you are unable to follow a caloric deficit or caloric maintenance diet on medical grounds; or because you are experiencing a financial hardship). If that happens:
For information on how AMSL processes personal data, please see their privacy https://ashbourne-memberships.com/privacy-policy/.
15.2. You may end this contract if we break it. You may end this contract at any time by contacting us and deleting our App from all devices if we break Our Terms materially or repeatedly, and, if what we have done can be put right, we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so. If you end this contract because we break it, you may be entitled to compensation for the loss you incur as a result of us breaking this contract.
15.3. If what you have bought is faulty or misdescribed. If our App or Our Product are faulty or misdescribed, you may have a legal right to end the contract or to get the App or Our Product fixed or replaced, or the services forming part of Our Product re-performed, or to get some or all of your money back. Please see clause 19 (Consumer rights) for details.
15.4. If you do not agree to changes to Our Terms. You may end this contract if you do not agree to changes we introduce to Our Terms, as set out in clause 2.9 (Changes to Our Terms).
15.5. If our performance is delayed due to an event outside of our control. You may end this contract if our performance is delayed due to an event outside of our control, as set out in clause 14.8 (Events outside our control).
15.6. Ending the contract when we are not at fault. Even if we are not at fault and there is nothing wrong with our App or Our Product, you may still end the contract with us at any time, by letting us know using any of the contact methods in clause 1.2 and deleting our App from all devices.
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16. OUR RIGHTS TO SUSPEND OR END THIS CONTRACT
16.1. When we may suspend or block your access to the App or Our Product. We may suspend your access to our App and Our Product to you if you do not pay our subscription fees for Our Product. If you breach Our Terms, or if we reasonably suspect that you have breached Our Terms in any way, we may:
16.2. We may end this contract if you break it.
16.3. We may withdraw our App. We may write to you to let you know that we are going to stop providing the App and Our Product and end this contract. We will let you know at least three months before we end this contract, unless it is not possible (for example, because we have to discontinue providing the App or Our Product for security or legal reasons). We will refund to you any sums you have paid in advance for Our Product, which will not be provided.
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17. CONSEQUENCES OF ENDING THIS CONTRACT
17.1. Consequences of ending this contract. When this contract ends, then, in addition to the consequences set out in clause 2.9 (Changes to Our Terms), clause 14.8 (Events outside our control), or the relevant provision of clause 15 (Your rights to suspend or end this contract), clause 16 (Our rights to suspend or end this contract) or clause 19 (Consumer rights) (as applicable):
18. OTHER IMPORTANT TERMS
18.1. We may transfer this contract to someone else. We may transfer our rights and obligations under Our 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.
18.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under Our Terms to another person if we agree to this in writing.
18.3. Nobody else has any rights under this contract. The contract formed under Our Terms is between you and us. No other person shall have any rights to enforce any of its terms (save as provided in clause 5.5 (App Platform operator may enforce Our Terms)). Neither of us will need to get the permission of any other person in order to end the contract between you and us.
18.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of Our 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.
18.5. 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 Our 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.
18.6. Which laws apply to this contract and where you may bring legal proceedings. Our Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, 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.
18.7. 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. You can submit a complaint for online resolution to the European Commission Online Dispute Resolution Platform.
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19. CONSUMER RIGHTS
19.1. Summary of some of your key rights. Under English law, we must give you certain key information before a legally binding contract between you and us is made. That information is provided on our website, on the App Platform from which you download our App, and in Our Terms. The information in this summary box summarises some of your key rights.
19.2. Supplying Our Product during the “cooling-off” period. We will not grant you access to Our Product before the end of the statutory 14 days’ period unless you expressly request it and acknowledge that you will lose your cancellation right once you sign in to our Team RH Fitness App. You can do that by selecting the appropriate confirmation box on our website before placing your order for Our Product. If you opt for delivery during the 14 days’ cancellation period, you will lose your right to cancel when you sign up to our App, because at that point the digital content will be delivered to you. You can only cancel the contract within the cancellation period before signing up to our App.
View previous versions of our Terms and Conditions here
View previous versions of our Terms and Conditions here