OUR TERMS AND CONDITIONS OF SUPPLY

  1. THESE TERMS
  • What these terms cover. These are the terms and conditions on which we supply our digital content such as fitness courses to you.
  • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  • Are you purchasing from us as a business customer or as a consumer? In some cases you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

 

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in red and those specific to businesses only are in blue.

  • If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are MEUSPRACTICE LTD a company incorporated and registered in England and Wales with company number 12992462, whose registered office is at 20 Christian Close, Hoddesdon, Hertfordshire EN11 9FF, United Kingdom.
    • How to contact us. You can contact us by writing to us at hello@meuspractice.com or 20 Christian Close, Hoddesdon, Hertfordshire EN11 9FF, United Kingdom.
  2. WHEN YOU ARE ALLOWED TO CONTRACT WITH US

    You must be 16 or over to register on or use our website https://www.meuspractice.com/ (our Site). By using our Site, you represent and warrant that you have the right, authority and capacity to enter in this agreement and to abide by these terms and conditions. Where you are aged between 16 and 18, you agree to obtain the consent of your parent or guardian before making any purchases on our Site which need to be made with your parent or guardian’s credit or debit card.
  3. OUR CONTRACT WITH YOU
    • How we will accept your order. Our acceptance of your order will take place when you have paid and we give you access to our online courses. At this point a contract will come into existence between you and us.
  4. OUR RIGHT TO MAKE CHANGES
    • Updates to digital content. We may update our online courses, provided that the course shall always match the description of it that we provided to you before you purchased it.
  5. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
    • “Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same.
    • All Intellectual Property Rights in our digital content are owned by us or licensed to us with a right to sub-licence to you.
    • You have a non-exclusive, non-transferable and royalty-free licence from the time we accepted your payment and gave you access to our digital content for as long as you remain a registered user of our Site to access our digital content from any devices you own in the UK solely for your personal use. This means that, when you access our courses or fitness classes, you do not automatically own copyright in the digital content (which remains with us). You must not use our digital content for any other purposes, and, in particular, you must not “re-sell”, sub-license, publish, copy or distribute the digital content (in whole or in part) for use by any third party for any other purposes than those expressly permitted by us in the description of the course and for longer than permitted in your licence.
    • You must not reproduce, apply to your own goods or services or use our unregistered or registered trade marks, including but not limited to the unregistered figurative trade mark, ‘MEUS, or figurative marks incorporating the words, MEUS (our Trade Marks) in a way, which would infringe our rights, without our permission.
  6. ABOUT OUR COURSES
    • Our courses are designed for individuals with no underlying health conditions. However, we recommend that you seek advice from your GP before you start exercising following our courses to ensure that they are suitable for you. If you follow our courses or fitness classes without taking further advice, you do so entirely at your own risk. We shall not be liable to you to the extent permitted by law, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with your exercising following our courses or fitness classes.
    • Please also note that health and safety practices change from time to time.We are not able to update our courses to reflect every change in health and safety practices since they were originally designed, and we cannot and therefore do not guarantee that our courses or fitness classes reflect, at the time of access, the latest best practice in health and safety.
  7. PROVIDING OUR DIGITAL CLASSES/COURSES
    • We will make the digital content accessible to you via your membership portal as soon as we accept your order.
    • We are not responsible for delays outside our control. If your access to our digital content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any courses or classes you have paid for but could not access within 21 days after you have paid for them. For the avoidance of doubt, no refund is due if you already had access to digital content after you have paid and the delay only interrupted your continuous access.
    • Reasons we may suspend the access to digital content to you. We may have to suspend access to our digital classes or courses to you to:
      1. deal with technical problems or make minor technical changes;
      2. update the content to reflect changes in relevant laws and health and safety practices;
      3. make changes to the courses as requested by you or notified by us to you.
    • Your rights if we suspend your access to digital content. We will contact you in advance to tell you we will be suspending access to digital content, unless the problem is urgent or an emergency. If we have to suspend access to the online courses or classes and as a result of the suspension you have not been able to access our digital content within 21 days from payment you may contact us for a refund. For the avoidance of doubt, no refund is due if you already had access to digital content after you have paid and the suspension only interrupted your continuous access.
  8. YOUR RIGHTS TO END THE CONTRACT
    • If you cannot access your course because of technical problems or you think we have misdescribed the course or class, please contact us promptly to raise your concerns with us.
    • If we cannot solve your problem within 21 days of your contacting us you have a right to end the contract and get some or all of your money back.
    • If you are a consumer and have just changed your mind about the product, see Clause 9.6.
    • In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 10.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an error in the price or description of the course or class you have bought and you do not wish to proceed;
      2. you have not been able to access the courses or classes you have paid for within 21 days from payment because we have suspended access to our digital courses and classes for technical reasons, and we were unable to give you access to our digital content by other means; or
      3. you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind if you are a consumer. If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, if we have already given you access to digital content within the 14 days cancellation period after you paid for it, you will not have a right to change your mind. This is because the contract is completed when the product is delivered or downloaded and paid for.

 

  • When your refund will be made. We will make any refunds due to you as soon as possible.

 

  1. OUR RIGHTS TO END THE CONTRACT

 

  • We may end the contract if you break it. We may end the contract stop you from accessing our digital content at any time by writing to you if you breach the licences we granted to you (Clauses 6.3 and 6.4);

 

  • You must compensate us if you break the contract. If we end the contract in the situation set out in Clause 10.1 we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

 

  1. IF THERE IS A PROBLEM WITH THE PRODUCT
    • How to tell us about problems. If you have any questions or complaints about our courses and classes, please contact us. You can contact us at hello@meuspractice.com or write to us at our registered address: 20 Christian Close, Hoddesdon, Hertfordshire EN11 9FF, United Kingdom.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER

 

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for defective products under the Consumer Protection Act 1987.

 

  • When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

 

  • We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 13.

 

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

 

  • Nothing in these terms shall limit or exclude our liability for:
    1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
    2. fraud or fraudulent misrepresentation;
    3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
    4. defective products under the Consumer Protection Act 1987; or
    5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

 

  • Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  • Subject to 13.1:

 

  1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

 

  1. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the contract between us.

 

  1. OTHER IMPORTANT TERMS

 

  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These termsare governed by English law and you can bring legal proceedings in respect of the products in the English courts. 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.

 

  • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.