Team RH Life Plan End User Licence Agreement
Effective as of 12th April 2021
Please read the following important terms carefully before you purchase a subscription to our Team RH Life Plan on our website and download and sign up to our mobile app. Make sure that you are happy with these terms, and that there is nothing in them to which you are not willing to agree to. Your attention is particularly drawn to clauses 14.3 and 16.
You must be at least 18 years old to download and use this app. By purchasing the subscription plan you enter into a legally binding agreement with us. If you do not agree to these terms, do not purchase the subscription plan, download our mobile app or activate our subscription plan.
About Team RH Life Plan
The Team RH Life Plan is a fat loss, nutrition, physical fitness and lifestyle coaching and information delivered as digital content and services mainly through our Team RH Fitness App. The Team RH Life Plan includes access to and use of the Team RH Fitness App; structured nutritional plans, which are personalised to your goals; educational videos to support nutritional and exercise advice; tailored exercise programs, with online routines to follow; access to one-to-one coaching support via our website Help Centre; and access to the Team RH members only Facebook Group.
Operating system requirements
Our App requires a mobile device with a minimum of 100MB of memory (as may increase from time to time) and the current version of either the iOS operating system or the Android operating system (or any of the 2 previous major releases of either such operating system). All older versions of the respective operating systems will not be supported, and we make no guarantees that our App will continue to work as expected, or at all, on unsupported operating systems.
The Team RH Fitness App may request the following device access permissions:
- 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)
You can change your permissions preferences at any time within the settings menu of your mobile device. If you do not grant or disable a permission, certain functionalities of our App or Our Product may not be available.
Contents of Our Terms
You can either scroll down to read these terms in their entirety (which we recommend you do), or click on one of the links below to go straight to the section you are interested in.
- Who we are and how to contact us
- About Our Terms
- Your privacy
- Additional terms for specific features
- App Platform terms also apply
- Purchases and payments
- How you may use our App and Our Product
- Licence restrictions
- Acceptable use restrictions
- Intellectual property rights
- Your content
- Availability, updates, changes, defects and support
- External Products
- Our responsibility for loss or damage suffered by you
- Your rights to suspend or end this contract
- Our rights to suspend or end this contract
- Consequences of ending this contract
- Other important terms
- Consumer rights
- WHO WE ARE AND HOW TO CONTACT US
- 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.
- 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:
- Using our website Help Centre or contact form;
- Using our Facebook Page;
- E-mail at firstname.lastname@example.org;
- Post to the address set out in clause 1 above.
- 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
- What Our Terms cover. These are the terms and conditions (Our Terms) on which we license you to use:
- The Team RH Fitness mobile application software (App) and any updates or supplements to it; and
- The services you connect to via our App and the digital content we provide to you within our App (together Our Product),
as permitted and subject to the restrictions set out in Our Terms.
- 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.
- 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.
- Our Terms, App and Our Product are only available in English.
- 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.
- 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.
- 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:
- Your initial payment fails;
- We are aware or have reasonable suspicions that you are not eligible to purchase access to Our Product because you are under 18 years old; or
- We are aware or have reasonable suspicions that you attempt to obtain access to Our Product for other reasons than your private non-commercial purposes, or that there is a conflict of interests (for example, you are affiliated, otherwise than for your private non-commercial purposes, with other nutrition, fitness and lifestyle providers).
- Duration of the contract. The duration of the contract with you depends on the type of your subscription plan. If you choose:
- Our annual subscription plan with one up-front-fee, our contract with you will remain in place for 12 months from the date of our confirmation email. One month before your subscription ends, we will send you a reminder email giving you the option to renew your annual subscription plan. If you choose not to renew it, the contract between you and us will automatically expire at the end of that 12 months’ term. The contract may also be otherwise terminated by you in accordance with clause 15 (Your rights to suspend or end this contract), or by us as described in clause 16 (Our rights to suspend or end this contract); or
- Our subscription plan with monthly instalments, our contract with you will remain in place for the minimum term of 12 months from the date of our confirmation email, and thereafter shall automatically renew on a month-to-month fixed term basis until you end it 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 you chose our subscription plan with monthly instalments but you cancel your Direct Debit within the initial 12 months term, then for any remaining monthly instalments that are still due within that 12 month period, such outstanding unpaid period of our subscription plan with monthly instalments will be converted into a fixed term subscription plan with a fixed term of such remaining period with one up-front-fee calculated as the remaining unpaid months multiplied by the amount listed as the monthly subscription price on our website and such amount shall become immediately due and payable by you. By way of example only, if you cancel your Direct Debit payment after having made 6 monthly payments of our subscription plan with monthly instalments, then your plan will be converted into a 6 month fixed term subscription plan with one up-front-fee. If you do not pay our fees when due for the fixed term subscription plan, then we reserve the right to charge you an administration fee as set out in clause 6.5 (Cancellation of Direct Debits). One month before such fixed term subscription plan ends, we will send you a reminder email giving you the option to renew your subscription plan. If you choose not to renew it, the contract between you and us will automatically expire at the end of such term.
- 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
- 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.
- 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
- 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:
FeatureTermsTeam RH Fitness Refer a Friend ProgramTerm and Conditions [insert as hyperlink]
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.
- The additional terms do not form part of Our Terms. Those other terms listed in clause 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
- 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:
- In the case of the Apple App Store: Apple Media Services Terms and Conditions; and
- In the case of Google Play: Google Play Terms of Service,
as may be updated by the App Platform operator from time to time.
- 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.
- 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:
- If you download our App from the Apple App Store, the relevant provisions of Our Terms will prevail; or
- If you download our App from Google Play, the relevant provision of the Platform Terms will prevail. However, for the avoidance of doubt, the provisions of the Platform Terms, which relate to subscriptions to content through Google Play, do not apply, as you subscribe to Our Product through our website rather than through Google Play.
- 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.
- 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.
- 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.
- 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
- 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.
- Subscription prices. All our subscription fees:
- Are in pounds sterling (GBP);
- Include VAT at the applicable rate; and
- Are as published on our website.
The subscription fees will not change during the term of your initial contract with us, but they may change when you renew your contract with us. If you do not wish to pay the new price, you may choose not to renew your contract with us.
- 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.
- 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 as we can only offer monthly subscription payments 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 to 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.
- Cancellation of the Direct Debit. You may cancel your Direct Debit at any time, however you will still owe us any remaining subscription fees due to us under our subscription plan with monthly instalments which can only be paid by way of Direct Debit. If you do cancel a Direct Debit, other than with respect to you ending the contract in accordance with clause 15 (Your rights to suspend or end this contract), then we will convert the remaining term of your subscription plan with monthly instalments into a fixed term subscription plan with one up-front-fee in accordance with clause 2.8 (Duration of the contract). If you do not pay our fees when due for our subscription plan with monthly instalments or for our fixed term subscription plan with one up-front-fee, as the case may be, then we reserve the right to charge you a £7.00 administration fee for dealing with the consequences of each payment default, which is a reasonable estimate of the administration costs that we will incur.
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7. HOW YOU MAY USE OUR APP AND OUR PRODUCT
- 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:
- Download a copy of our App onto a reasonable number of compatible devices as permitted under the Platform Terms of your App Platform operator, provided that each of those devices is owned and controlled by you and is linked to the same App Platform account, and store, access, view, use and display our App and Our Product on such devices in the manner permitted in Our Terms;
- Receive and use any free supplementary updates of our App incorporating “patches” and corrections of errors as we may provide to you, and receive and use any free upgrades that replace or supplement the original App;
- Access our one-to-one coaching support via our Help Centre on our website from Monday to Sunday, 9:00 to 17:00 UK time; and
- Join our members’ only Facebook Group to interact with the Team RH community and to gain access to additional video content regarding Team RH Life Plan.
- 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
- Personal use only. You may use our App and Our Product for your own, private, non-commercial purposes only.
- 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.
- 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.
- 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.
- 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.
- Prohibited actions. You agree that you will:
- Not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, the App or Our Product in any form, in whole or in part, to any person without prior written consent from us;
- Not display (in part or in whole) our App or Our Product as part of any public performance or display unless such use would not constitute a copyright infringement or breach legal rights of any person (including corporate entity) or is specifically permitted by us;
- Not copy the App or Our Product, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- Not use our App in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any content that is presented to you in streaming format;
- Not translate, merge, edit, adapt, vary, alter or modify, the whole or any part of the App or Our Product nor permit the App or Our Product or any part of them to be combined with, or become incorporated in, any other programs, applications or digital content except as necessary to use the App and Our Product on devices as permitted in Our Terms;
- Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or Our Product nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the App; is kept secure; and is used only for the Permitted Objective;
- Not attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our App or Our Product;
- Not access or use the source code of our App; and
- Comply with all applicable technology control, export control and trade sanctions laws and regulations.
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9. ACCEPTABLE USE RESTRICTIONS
- Harm to us or our users. You must not (or permit or assist others to):
- Use the App or Our Product in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with Our Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Our Product, or any operating system;
- Infringe our intellectual property rights or those of any third party in relation to your use of the App or Our Product, including by the submission of any content or material (to the extent that such use is not licensed by Our Terms);
- Breach any of the user content rules in clause 11 (Your content);
- Treat, interact with, or communicate with any other user of Our Product or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory;
- Use the App or Our Product in a way that could damage, disable, overburden, impair or compromise the App, Our Product, our systems or security or interfere with other users; or
- Collect or harvest any information or data from Our Product or our systems, or attempt to decipher any transmissions to or from the servers running our App and Our Product.
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10. INTELLECTUAL PROPERTY RIGHTS
- Our copyright. Copyright © 2016 – 2020 Team RH Fitness Limited.
- 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.
- 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.
- 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.
- 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
- 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).
- 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 4 below.
- 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.
- 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.
- 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:
- If your content has been used by other users of our App and Our Product in accordance with the licence in clause 4 and they have not deleted it (in which case that licence will continue to apply until that content is deleted); or
- Where we require to keep your content in order to comply with our legal obligation; comply with a request of a judicial or administrative authority, law enforcement or a government agency; or
- We may sometimes continue to hold it for a longer period for the purpose of establishment, exercise or defence of legal claims (for example, to defend ourselves if you bring a claim against us, or to investigate your breach of Our Terms and enforce Our Terms against you).
The rules relating to deletion of content from Facebook are governed by Facebook’s Terms of Service (as may be amended from time to time).
- 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:
- Be illegal or unlawful or infringe any person’s legal rights;
- Be offensive, deceptive, harmful, fraudulent, threatening, intimidating, abusive, harassing, anti-social, menacing, hateful, racially or ethnically offensive, discriminatory or inflammatory;
- Cause annoyance, inconvenience or needless anxiety to any person (including by body shaming);
- Be libellous or maliciously false;
- Be obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
- Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right, which broadly means that you must not post, publish or use within our App any content that you do not have permission or right to use;
- Infringe any right of confidence, right of privacy or right under data protection legislation;
- Request personal data from a minor;
- Constitute negligent advice or contain any negligent statement;
- Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- Be in contempt of any court, or in breach of any court order;
- Be in breach of racial or religious hatred or discrimination legislation;
- Be in breach of official secrets legislation;
- Be in breach of any contractual obligation owed to any person;
- Depict violence in an explicit, graphic or gratuitous manner;
- Be untrue, false, inaccurate or misleading or amount to impersonating another person or organisation;
- Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- Constitute spam, bulk messaging, auto-messaging, or any unsolicited advertising; and
- If submitted to our Facebook Group, comply with the content and community rules set out in Facebook’s Terms of Service and policies (as may be amended from time to time).
- 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 6 above.
- 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 6 above, please report it to us.
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12. AVAILABILITY, UPDATES, CHANGES, DEFECTS AND SUPPORT
- 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.
- 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.
- 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.
- 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
- 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:
- Our Terms and our Privacy Notice only apply to our App and Our Product and that your use of any External Products will be governed by the terms and conditions and privacy policies of the third party providers of such External Products;
- Save as expressly stated in clause 3 below, such links to and integrations with External Products are provided for information or your convenience only and are not recommendations or endorsements by us of those External Products or any information you may obtain from them; and
- You will need to make your own independent judgement about whether to use any External Products. We are not responsible for examining or evaluating the content, accuracy, security, or fitness for any particular purpose of any External Product, and we will not be liable for any such External Product.
- You are responsible for third party fees. You are responsible for:
- Any access or data fees incurred from third parties (such as your internet provider or mobile carrier and other fees and taxes) in connection with your use of our App on your mobile device; and
- Any fees incurred from third parties in relation to your use of the External Products.
- Endorsed External Products.
- You need to make your independent judgement whether or not to use Facebook and MyFitnessPal. We do not make any contractual promises about those External Products. We do not guarantee or represent that your use of any External Products will be uninterrupted, error-free or secure, and will not be liable for any such External Product.
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14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 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.
- 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.
- Limitations to our App and Our Product.
- We do not provide medical advice:
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.
- Although we make reasonable efforts to update the information provided within our App and by Our Product, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- 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 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.
- 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.
- 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.
- 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.
- 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
- When you can request to suspend this contract. This clause 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:
- You may request a temporary suspension by contacting us using one of the contact methods in clause 1 (Who we are and how to contact us) and we will consider your request; and
- We may, but are not obliged to, temporarily grant you the suspension. We will normally ask you to provide a written confirmation of your reason to request the suspension (for example, a letter from your doctor, or a proof of receipt of social benefits); and
- During the suspension period, you will be relieved of your obligation to pay our monthly subscription fees (if applicable), and we will be relieved from our obligation to allow you access to Our Product; and
- we will review your circumstances every two months; and
- If your circumstances have changed and you are able to use Our Product, your access to Our Product, and (if applicable) your obligation to pay our monthly subscription fees will resume and continue for the unexpired balance of the 12 month’s contract term. The period of suspension will not count as part of that period; or
- If your circumstances have not changed, the suspension will continue for a further two months, unless you tell us that you would prefer to end your contract with us. If you tell us that that you would prefer to end the contract, the contract will end immediately, but you may have to pay us the balance of any unpaid subscription fees for the remainder of the unexpired contract term, as compensation for the loss we incur as a result of you ending the contract early. However, we may at our discretion, but are not obliged to, apply a discount to or waive such fees.
- 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.
- 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.
- 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 9 (Changes to Our Terms).
- 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 8 (Events outside our control).
- 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 2 and deleting our App from all devices.
- “Cooling-off” period cancellation rights. You may have a right to cancel the contract and receive a refund during the first 14 days after buying the App or Our Product. For details, see clause 19 (Consumer rights).
- Termination for convenience before the end of the initial 12 months’ term. If you want to end this contract before the end of its initial 12 months’ term when we are not at fault and you do not have the right to cancel it, you can still do it by letting us know. The contract will end one calendar month after the day on which you contact us to end it, but you will have to pay us compensation for the loss we incur as a result of your ending the contract early. A contract for digital content is completed when the digital content is supplied. A contract for services is completed when the services are fully performed. By way of compensation, we will retain the subscription fees already paid to us, and you will remain responsible for our subscription fees in respect of the unexpired term of the contract, less any discount, which we may apply to those fees at our discretion. This is because Our Product consists mainly of digital content (such as the in-app videos and other pre-recorded advice and information), which is delivered to you when you sign up to our App, and because the subscription fees we offer are calculated on the basis that the contract will remain in place for the minimum term of 12 months.
- Subscription plans with one up-front fee: automatic expiry. If you are on our annual subscription plan with one up-front fee, your contract will automatically expire at the end of that 12 months’ period unless you renew it in accordance with clause 8(a) (Duration of the contract));
- Subscription plans with monthly instalments: termination for convenience after the end of the initial 12 months’ term. If you are on our subscription plan with monthly instalments, you can end the contract at any time after the expiry of the initial 12 months’ period by letting us know one month before your required end date. The contract will end either: on the day of the expiry of the initial 12 months’ period, or one calendar month after the day on which you contact us to end it (whichever date is later). You will not incur any early termination liability; or
- Subscription plans with fixed term: automatic expiry. If you are on a fixed term subscription plan pursuant to clause 6.5 (Cancellation of Direct Debits), your contract will automatically expire at the end of the remaining period unless you renew it in accordance with clause 8(a) (Duration of the contract).
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16. OUR RIGHTS TO SUSPEND OR END THIS CONTRACT
- 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:
- Send you one or more formal warnings;
- Delete, unpublish or edit any or all of your content;
- Temporarily suspend your access to our App and/or Our Product (or any part of Our Product);
- Permanently prohibit you from accessing our App and/or Our Product (or any part of Our Product);
- Block your mobile device from accessing our App and/or Our Product; and/or
- Commence legal action against you, whether for breach of contract or otherwise.
- We may end this contract if you break it.
- We may end this contract at any time by contacting you if you breach Our Terms materially or repeatedly. If what you have done can be put right, we will let you know and give you a reasonable opportunity to do so.
- Material breaches of contract include (but are not limited to), any breach of clauses 7 (How you may use our App and Our Product), 8 (Licence restrictions), 9 (Acceptable use restrictions), 2 (You must have the right to submit your content to us), 11.6 (Your content must not breach any laws or be inappropriate), 11.7 (You must not allow others to breach the rules).
- If we end this contract because you break it, it will end immediately, and you may have to pay us compensation for the loss we incur as a result of your breaking the contract.
- By way of compensation, we will retain the subscription fees already paid to us, and you will remain responsible for our subscription fees in respect of the unexpired term of the contract, less any discount, which we may apply to those fees at our discretion. If our loss exceeds such fees, you may have to pay us further compensation to cover our losses.
- 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
- Consequences of ending this contract. When this contract ends, then, in addition to the consequences set out in clause 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):
- You must stop all activities authorised by Our Terms, including your use of the App and Our Product; and
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
- We may remotely access your devices and remove the App from them and cease providing you with access to Our Product.
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18. OTHER IMPORTANT TERMS
- 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.
- 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.
- 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 (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.
- 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.
- 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.
- 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.
- 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
- 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.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, within the period of 14 days from buying a product online, you can change your mind, cancel your purchase and receive a refund.We must not begin the supply of digital content (e.g. mobile app) or services before the end of that 14 days’ cancellation period, unless you have agreed to supply during the cancellation period, and (in case of digital content) acknowledged that your right to cancel will be lost as a result of the supply commencing early.Once the digital content is supplied or the service is fully performed, the right to cancel is lost.To meet the cancellation deadline, you must communicate your cancellation to us before the 14 days’ period has expired. If you wish, you can but do not have to use the model cancellation form below:· To Team RH Fitness Ltd, Unit 11 Portobello Trade Park Portobello Road, Birtley, Chester Le Street, DH3 2SB, email@example.com· I hereby give notice that I cancel my contract for the supply of my subscription to the Team RH Life Plan· Ordered on [insert date]· Name [insert your name]· Email address [insert your email address – this is optional]· Date [insert date] The Consumer Rights Act 2015 says that the following rights apply to digital content supplied to consumers for a price:· digital content must be as described, fit for purpose and of satisfactory quality;· if your digital content is faulty, you are entitled to a repair or a replacement;· if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and· 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. The Consumer Rights Act 2015 says that the following rights apply to services supplied to consumers for a price:· 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;· if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; and· if you haven’t agreed a time beforehand, it must be carried out within a reasonable time. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call +44 (0)3454 04 05 06.
- 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.
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View previous versions of our Terms and Conditions here