VIDA WELLNESS - TERMS OF MEMBERSHIP
Please read carefully these terms of membership ("Terms") which apply to your access to and use of our health and fitness services available at studio.vidawellness.co.uk ("our Website").
These Terms form a binding agreement between you and us when you subscribe to our Website. By subscribing to and using the services on our Website, you agree to be bound by these Terms.
1. Contact Details
We are Vida Solutions Ltd (trading as "Vida Wellness"), a company incorporated in England and Wales with company number 06372861 and with its registered office at 7 Castle Street,Tonbridge, Kent TN9 1BH.
If you need to contact us, please email at firstname.lastname@example.org.
2. Our Contract with You
Please follow the steps set out on our Website in order to subscribe to the services on our Website ("Order"). You will be able to identify and correct any errors before you place your Order.
After you place your Order, you will receive a welcome email from us acknowledging that we have received and accepted your Order ("Welcome Email"), at which point and on which date ("Commencement Date") the contract between you and us will come into existence("Contract"). The Contract will relate only to the type of membership confirmed in the Welcome Email.
If we are unable to accept you as a member of our Website for any valid reason, we will inform you of this by email and we will not process your Order. If you have already paid for membership, we will refund you the full amount.
3. Account Details
When you become a member of our Website, you will choose a user name and password as part of our security procedures. You are solely responsible for keeping such information confidential and must not disclose it to any third party. We have the right to disable any username or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You must notify us immediately if you know of, or suspect, unauthorised use of your account, or of any suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or payment information.
4. Use of our Website
You must be 18 years of age or older to use the services on our Website. Our services are not intended for anyone under the age of 18.
Once you have subscribed as a member of our Website, you will have a non-exclusive, non-transferable, limited right to access, use and display our Website (and all materials and content provided as part of it, in whatever form) for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms.
You agree not to give or transfer to, or share with, anyone else your rights to use and/or access our Website and any of its content. You agree that only you may use and/or access your user account and password. You agree to be financially responsible for all fees and charges in respect of usage or activity of the membership to which you subscribe.
When accessing and taking part in the physical exercises on our Website, you expressly acknowledge and agree to the following:
- Certain elements of the exercises can be physically demanding because they include exercises to improve cardiovascular fitness, strength, balance, power, mobility, flexibility and coordination.
- There exists the remote possibility during exercise of adverse physical changes, including abnormal blood pressure, fainting, dizziness, disorders of heart rhythm and, in very rare instances, heart attack, stroke or even death. You further understand that there exists the risk of bodily injury, including injuries to muscles, ligaments, tendons and joints of the body.
- You are aware of the nature of the exercises and the risks involved and you agree that you are physically capable of participating in the exercises.
- You will not exercise beyond your own abilities. You will exercise at your own pace at all times, and agree to only participate in the exercises which you feel comfortable performing. You will not carry out any activities which you have been told are not suitable for you.
- You will stop exercising if you experience any pain, dizziness, shortness of breath or discomfort.
- You understand that it is solely your decision to determine the type and intensity of exercise to carry out and whether or not you are fit enough to exercise. If in any doubt, you should seek and follow medical advice.
5. Restrictions on Use of Website
You acknowledge that our Website contains information, software, photos, video, text, graphics, music, sounds, questions, suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, database rights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted under applicable United Kingdom copyright laws (and, if applicable, similar laws in other jurisdictions), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit or commercialise, any of the Content, in whole or in part. If Content is downloaded to your computer, you do not obtain any ownership interest in such Content.
Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
You may not use our Website or the Content in any way that is damaging to it or impacts user access, or is contrary to applicable laws and regulations.
Memberships have different minimum contract terms and will be billed on a periodic basis as specified at the time of purchase (e.g. monthly or yearly). You agree to pay using a valid credit or debit card or via Paypal (or by such other form of payment which we may accept from time to time). You will receive a payment receipt whenever you make a payment to us.
Our prices are in US dollars. If you are not based in the US and want to get a more accurate feel for how much the monthly fee is in your local currency, you can use this currency converter here. Your credit/debit card or Paypal will do the conversion for you, but you may wish to check with your bank or Paypal for their applicable exchange rate into US dollars and any charges that they may make. You will be fully responsible for any costs charged by your bank or Paypal for converting your local currency into US dollars. Please also note that your monthly or yearly payments may vary depending on the applicable exchange rate applied by your bank or Paypal. Your membership will be automatically renewed for the time period of the selected minimum contract term (i.e. monthly or yearly) unless and until you cancel your membership in accordance with section 9 or we cancel or terminate our services pursuant to these Terms. If membership is cancelled or terminated before the end of the applicable billing cycle, we will not reimburse you the remainder of that paid period.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of purchase. We reserve the right to increase our fees but will notify you by posting on our Website and through such other means as we may deem appropriate from time to time (including by email). The increase will apply to the next payment due from you after our notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment is due. If you do not agree to the increase, you may terminate your membership in accordance with section 9.
7. Legal Right to Cancel
As a matter of law, you have a legal right to change your mind, cancel the Contract and receive a full refund (by notifying us at email@example.com) within a period of fourteen (14) days after the date on which you receive the Welcome Email. You will receive your refund by the method you used for payment within fourteen (14) days of the date on which you send your cancellation email.
Please note that our Goodwill Guarantee (described in section 8 below) is in addition to and is more generous than this legal right.
8. 30 Day Money Back Goodwill Guarantee
You may cancel the Contract and receive a full refund by the method you used for payment if you notify us as set out in the following paragraph within thirty (30) days of your receipt of the Welcome Email ("Goodwill Guarantee"). This will apply even if you have made use of the services on our Website in that period and whether you have signed up to an annual or monthly membership.
To cancel the Contract pursuant to this Goodwill Guarantee, please email us at firstname.lastname@example.org. Your cancellation is effective from the date you send us the email and we will refund you within fourteen (14) days of the date on which you send your cancellation email.
9. Other Rights of Cancellation
In addition to your cancellation rights set out in sections 7 and 8 above, you may cancel your recurring membership at any time by choosing the appropriate setting in your account. However, in order to avoid additional membership charges, your membership must be cancelled at least 3 working days prior to your applicable renewal date (i.e. your next payment day). Cancellation will only take effect when you receive an email from us confirming your cancellation. If cancellation does not take effect at least 3 working days prior to your next payment day, you will be charged, and you will not be issued a refund. Following cancellation, you will lose access to the services on our Website at the end of your billing period.
We also have the right to terminate your membership at any time. If we (rather than you) terminate your membership, then we will refund to you a proportion of your most recent payment so that you do not end up paying for the part of that billing period when our services were not available to you. However, if we terminate your membership because of a breach by you of these Terms, then you will not be entitled to any refund.
10. Health Disclaimers
Our Website provides exercise and health related content and is only intended to assist users in their personal health and fitness efforts. It is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
We are not a medical organisation and we cannot give you medical advice or diagnosis. Nothing contained in any printed materials or videos, or otherwise offered as part of our services, or published on our Website, should be construed as such advice or diagnosis. The information and content generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.You are urged and advised to seek the advice of a doctor before beginning any exercise regime.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
Based on the above, we cannot accept any responsibility or liability to you for personal injury or death relating in any way to your access to and/or use of the services on our Website, except where due to our negligence.
11. Other Disclaimers
You have mandatory legal rights as a consumer in respect of the services that we provide on our Website (for example, we must provide our services with reasonable care and skill). Nothing in these Terms affects those legal rights.
Please however note the following important disclaimers:
a) The elements of our Website that do not form part of the services that we supply are provided "as is" and "as available" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, security or accuracy.
b) Neither we nor any of our licensors, licensees or suppliers promise that the elements of our Website that are not included in the services that we provide (or any function contained in our Website) will be uninterrupted or error-free, that defects will be corrected, or that any data sent by or to you will be accurate, complete, transmitted in uncorrupted form or within a reasonable amount of time.
c) We do not guarantee that our Website or the servers that make our Website available will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
d) Neither we nor any of our licensors, licensees or suppliers make any statements regarding the use or the results of the use of the services in, or offered through, our Website, in terms of their correctness, accuracy, reliability, or otherwise.
e) No advice or information obtained by you from us shall create any binding statement unless expressly set out in these Terms.
f) Any content and material downloaded or otherwise obtained through the use of our Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content or material, except where caused by our negligence.
12. Limitation of Liability
If we fail to comply with these Terms or fail to use reasonable skill and care in the provision of our services, we are responsible for loss or damage you suffer that is a natural, foreseeable result of that breach of these 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
Our Website and the services on it are only provided for domestic or private use. You agree not to use our Website for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 negligence or the negligence of any employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of your legal rights in relation to the services on our Website.
13. Members' Forum Standards and Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on the community section of our Website ("Members' Forum"), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), is the sole responsibility of the person who made the Posting. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to Members' Forum. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, do not guarantee the accuracy, integrity, confidentiality or quality of such Postings. Although we have adopted Members' Forum standards and guidelines for the users of the Members' Forum (as set out in this section), you understand that by using the Members' Forum, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for our Content), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Members' Forum.
You agree not to use the Members' Forum to:
a) disclose outside of the Members' Forum information that you have acquired via the Members' Forum that could reasonably be considered to be confidential or of a personal or sensitive nature (e.g. personal medical information);
b) upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, vulgar, obscene, offensive, inflammatory, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or cause annoyance, inconvenience or needless anxiety (in our sole discretion);
c) upload, post, email or otherwise transmit any Postings or other materials that promote sexually explicit material, include child sexual abuse material, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote or incite any illegal or criminal activity, are in contempt of court, or are likely to deceive any person;
d) upload, post, email or otherwise transmit any Postings or other materials that are likely to harass, upset, embarrass, alarm or annoy any other person;
e) make a Posting which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
f) give the impression that a Posting emanates from us, if this is not the case;
g) harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
h) impersonate any person or entity, including, but not limited to, any user of the Members' Forum, a director, officer, employee, shareholder, agent or representative of us or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Members' Forum;
j) upload, post, email or otherwise transmit any Postings or other materials that are not your own or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or other relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
k) upload, post, email or otherwise transmit any Postings or other materials that infringe upon intellectual property rights, right of privacy, confidentiality or publicity or other ownership rights of any party;
l) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;
m) upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
n) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Members' Forum are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Members' Forum;
o) interfere with or disrupt the Members' Forum or servers or networks connected to the Members' Forum or disobey any requirements, procedures, policies or regulations of networks connected to the Members' Forum;
p) intentionally or unintentionally break any applicable laws and/or regulations;
q) "stalk" or otherwise harass another user of the Members' Forum and/or any of our employees;
r) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Members' Forum (including username or passwords) or about any other third party; and/or
s) access or attempt to access another user's account without his or her consent.
Your right to use and/or access the Website (including the Members' Forum) and contribute to discussions on the Members' Forum depends on your compliance with the Members' Forum standards and guidelines above. We may revoke your right to use and/or access all or a portion of the Members' Forum and/or take any other appropriate measures to enforce these Members' Forum standards and guidelines if violations are brought to our attention. Further, if you break the Members' Forum standards and guidelines, we may terminate, in our sole discretion, your use of, or participation in, the Members' Forum.
All Members' Forum communications, including, but not limited to, chat, message board, blog, groups and profile communications, are public and not private communications. You acknowledge that any Posting that you post may not be kept confidential by other members so please be careful what you post if it is of a sensitive or personal nature.
We reserve the right to monitor some, all, or no areas of the website (including any Members' Forum) for compliance with the Members' Forum standards and guidelines above, or for any other purpose, but are not obliged to do so except if required to by law. You acknowledge that by providing you with the ability to make Postings in the Members' Forum, we are not undertaking any obligation or liability relating to any Postings or activities in the Members' Forum, nor do we endorse any Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we don't generally review content before it is posted and we have no obligation to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from the Members' Forum, and we are not liable for any loss you incur if the content that you post or transmit to the Members' Forum is removed.
14. Website Links
These Terms apply to our Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
15. Ownership of Intellectual Property Rights
We, our suppliers and licensors own all right, title and interest, including all intellectual property rights in and to our Website and the services provided on our Website. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied to you.
Vida Wellness is a trademark and trading name of Vida Solutions Ltd. Other product, brand, and company names and logos used on our Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on our Website without our prior written consent or the prior written consent of the owner of the mark, as appropriate, is strictly prohibited.
16. Changes to these Terms
We may revise these Terms from time to time and the current version will be available on our Website. You are bound by any such revisions and should therefore periodically visit our Website to review the current Terms. If you do not wish your use of the Website to be governed by the changed Terms, you have the right to terminate your membership in accordance with section 9.
We may modify or alter any aspect of the services on our Website including: (i) restricting the time the Website or services are available: (ii) restricting the amount of use and/or access permitted; and/or (iii) restricting any user's right to use and/or access to any services on our Website if we have a valid reason to do so. You agree that if we do modify or alter any aspects of the services on our Website in accordance with this paragraph, and you do not like the changes we have made, you may terminate your membership in accordance with section 9.
If you do not abide by the provisions of these Terms, you agree that, where we consider it to be a serious breach, we may immediately suspend or deactivate your user account, password and/or access, and all related information in your user account and/or bar any further access to such information and/or the services on our Website.
17. Data Protection
18. Events Outside of our Control
We are not responsible for delays or failures in the provision of our services which are outside our control. If we are delayed or fail in the delivery of our services 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 or failure. Provided we do this we will not be liable for delays or failures caused by the event, but if there is a risk of substantial delay or failure, you may contact us to end the Contract and we will refund to you a proportion of your most recent payment so that you do not end up paying for the part of that billing period when our services were not available to you.
19. General Terms
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or delay in doing so, that will not mean that we have waived our rights against you, and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing (including by email), and that will not mean that we will automatically waive any later default by you.
20. Dispute Resolution
The EU Commission has provided for an internet platform for online dispute resolution ("ODR Platform"). This ODR Platform serves as point for an alternative dispute resolution with regard to contractual obligations from online contracts. The ODR Platform is accessible at the following link:
21. Governing Law and Jurisdiction
The Contract between you and us is governed by English law and any dispute between us shall be subject to the exclusive jurisdiction of the English courts.