1.1 These are the terms and conditions on which we supply our services or digital content to you and the rules for using our website.
1.2 These terms tell you who we are, how we will provide our services or 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. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 We are The Movement Space TV Limited a company registered in England and Wales. Our company registration number is 12859643 and our registered office is at 86-90 Paul Street, London EC2A 4NE, England, United Kingdom. Our registered VAT number is 361 9154 92.
2.2 You can contact our customer service team by writing to us at firstname.lastname@example.org
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for any services or digital content. This might be because your payment has been declined, you do not meet certain requirements (e.g. being aged 16 years or over) or you have not provided all required information.
4. Our services or digital content
4.1 You must be aged 16 years or over to use our services or digital content or participate in any class or instruction. You warrant that you are aged 16 years or over when you place your order.
4.2 To use our services or digital content through our website and to place an order, you must first register and open a user account.
4.3 We offer:
(a) one-off purchases of our services or digital content; and
(b) subscriptions to receive our ongoing services or digital content.
4.4 All one-off purchases and subscriptions must be paid in full up front.
4.5 Subscriptions may not be transferred to another person.
4.6 If you have taken advantage of a 14 day free trial offer, then the 14 day period you have to change your mind (see clause 9.3) is deemed to have been completed and the one-off services or subscription commenced after that 14 day period will be immediately subject to these terms.
4.7 We may offer discount codes at our discretion. It is your responsibility to enter the correct discount code.
4.8 We may offer gift cards. The unused balance on a gift card may not be transferred to another person.
5 Your health
5.1 A condition for the use of our services or digital content is that you must be in a good general state of health. If you have knowledge of any pre-existing medical condition, we encourage you to seek medical advice from a doctor urgently before you start using our services or digital content.
5.2 Where our services or digital content relate to nutrition, you are responsible for verifying that the foods and nutrients recommended do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
5.3 The following general rules apply to your use of our services or digital content:
(a) listen to what your body is telling you;
(b) before using our services or digital content for the first time, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing to use our services or digital content;
(c) you are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should use our services or digital content or participate in any class or instruction; and
(d) you should practice in a suitable environment and spacious area.
5.4 Our services or digital content do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor. You are responsible for making your own enquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through our website, services or digital content.
6 Your rights to make changes
If you wish to make a change to services or digital content you have ordered please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7 Our rights to make changes
7.1 We may change our services or digital content:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes should not affect your use of our services or digital content.
7.2 In addition, as we informed you on our website, we may make changes to these terms or our services or digital content but, if we do so, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services or digital content paid for but not received.
7.3 We may update or require you to update our digital content, provided that our digital content shall always match the description of it that we provided to you before you bought it.
8 Providing our services or digital content
8.1 During the order process, we will let you know when we will provide our services or digital content to you. As regards ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
(a) One-off purchase of our services. We will begin our services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
(b) One-off purchase of our digital content. We will make our digital content available for download by you as soon as we accept your order.
(c) Subscription to receive our ongoing services or digital content. We will supply our services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
8.2 If our supply of services or digital content is delayed by an event outside of our control, 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 services or digital content you have paid for but not received.
8.3 We may need certain information from you so that we can supply our services or digital content to you. If so, this will have been stated on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying our services or digital content late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 We may have to suspend the supply of our services or digital content to:
(a) deal with technical problems or make minor technical changes;
(b) update our services or digital content to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to our services or digital content as requested by you or notified by us to you (see clause 7).
8.5 We will contact you in advance to tell you we will be suspending supply of our services or digital content, unless the problem is urgent or an emergency. If we have to suspend our services or digital content for longer than 48 hours in any 7 day period, we will adjust the price so that you do not pay for our services or digital content while they are suspended. You may contact us to end the contract for a service or digital content if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for a service or digital content in respect of the period after you end the contract.
8.6 If you do not pay us for our services or digital content when you are supposed (see clause 14), we may suspend supply of our services or digital content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of our services or digital content. We will not charge you for our services or digital content during the period for which they are suspended. As well as suspending our services or digital content, we can also charge you interest on your overdue payments (see clause 14.2).
9. Your rights to end the contract
9.1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 13;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
(c) If you have just changed your mind, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is not right to change your mind), see clause 9.6.
9.2 If you are ending the contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any services or digital content which have not yet been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to our services or digital content or these terms which you do not agree to (see clause 7.2);
(b) we have told you about an error in the price or description of our services or digital content you have ordered and you do not wish to proceed;
(c) there is a risk that supply of our services or digital content may be significantly delayed because of events outside of our control;
(d) we have suspended supply of our services or digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or
(e) you have a legal right to end the contract because of something we have done wrong.
9.3 As a consumer, for most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
9.4 Your right as a consumer to change your mind does not apply in respect of:
(a) our services, once these have been completed, even if the cancellation period is still running; and
(b) our digital content, after you have started to download or stream it.
9.5 As a consumer, how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) You have bought services. You have 14 days after the day we email you to confirm we accept your order. However, once we have completed services, you cannot change your mind, even if the period is still running. If you cancel after we have started providing services, you must pay us for services provided up until the time you tell us that you have changed your mind.
(b) You have bought digital content for download or streaming. You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
9.6 Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract by contacting us before the end of your current subscription period or term, in which case the contract shall end at the conclusion of such period or term.
10 How to end the contract with us
10. To end the contract with us, please log into your user account and cancel the contract as indicated.
10.2 If you are entitled to a refund under these terms, we will refund you the price you paid for our services or digital content by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.4 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.
11 Our rights to end the contract
11.1 We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 48 hours of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our services or digital content; or
11.2 If we end the contract in the situations set out in clause 11.1, we will refund any money you have paid in advance for services or digital content we have not yet provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may write to you to let you know that we are going to stop providing our services or digital content. We will let you know at least 7 days in advance of our stopping the supply of our services or digital content and we will refund any sums you have paid in advance for services or digital content which will not be provided.
12 If there is a problem with our services or digital content
If you have any questions or complaints about our services or digital content, please contact us. You can write to our customer service team at email@example.com
13 Your rights in respect of defective services or digital content
We are under a legal duty to supply services and digital content that are in conformity with this contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions.
As regards services, the Consumer Rights Act 2015 says:
a) 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.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 9.2.
As regards digital content, the Consumer Rights Act 2015 says it must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 9.3.
14.1 We accept payment via PayPay and Stripe. When you must pay depends on what you are buying:
(a) for our services, you must pay in advance, before we start providing them; and
(b) for our digital content, you must pay before you stream or download it.
14.2 If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of HSBC Bank plc. from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15 Risk and limitation of liability
15.1 YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES OR DIGITAL CONTENT INCLUDING YOUR PARTICIPATION IN ANY CLASS OR INSTRUCTION IS AT YOUR OWN RISK. PRIOR TO USING OUR SERVICES OR DIGITAL CONTENT OR PARTICIPATING, YOU MUST ASSESS ALL RISKS INVOLVED, INCLUDING RISKS THAT MAY BE CAUSED BY YOUR OWN ACTS OR OMISSIONS, YOUR HEALTH CONDITION(S), THOSE OF OTHER USERS OF OUR SERVICES OR DIGITAL CONTENT AND RISKS THAT ARE NOT KNOWN TO YOU OR ARE NOT READILY FORESEEABLE AT THE TIME OF USING OUR SERVICES OR DIGITAL CONTENT OR PARTICIPATING. BY USING OUR SERVICES OR DIGITAL CONTENT OR PARTICIPATING, YOU ARE DOING SO VOLUNTARILY AND AT YOUR OWN RISK. YOU ASSUME ALL RISKS IN CONNECTION WITH USING OUR SERVICES OR DIGITAL CONTENT OR PARTICIPATING.
15.2 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.
15.3 Subject to clause 15.1, this includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to services or digital content as summarised at clause 13; and for defective products under the Consumer Protection Act 1987.
15.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16 How we may use your personal information
17 Use of our website
17.1 By using our website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
17.2 The following additional terms also apply to your use of our website:
17.3 Our website is directed to people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate for use or available in other locations.
17.4 We amend our website terms from time to time. Every time you wish to use our website, please check the current terms to ensure you understand the terms that apply at that time.
17.5 We may update and change our website from time to time. We will try to give you reasonable notice of any major changes.
17.6 We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
17.7 If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
17.8 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
17.9 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
17.10 We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
17.11 You may print off one copy, and may download extracts, of any page(s) from our website for your personal use.
17.12 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
17.13 Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
17.14 You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
17.15 If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17.16 The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
17.17 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.
17.18 Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
17.19 Our website may include information and materials uploaded by other users of our website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
17.20 If you wish to complain about content uploaded by other users, please contact us at email@example.com.
17.21 Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable Use Policy
17.22 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
17.23 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.
17.24 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
17.25 We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
17.26 You are solely responsible for securing and backing up your content.
17.27 When you upload or post content to our website, you grant us the following rights to use that content:
(a) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our services or digital content provided by our website and across different media including to promote our website, services or digital content to expire when the user deletes the content from our website; and
(b) a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes to expire when the user deletes the content from our website.
17.28 We do not guarantee that our website will be secure or free from bugs or viruses.
17.29 You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
17.30 You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
17.31 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.32 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.33 You must not establish a link to our website in any website that is not owned by you.
17.34 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.
17.35 We reserve the right to withdraw linking permission without notice.
17.36 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
17.37 If you wish to link to or make any use of content on our website other than that set out above, please contact us at firstname.lastname@example.org.
18 Other important terms
18.1 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.
18.2 You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide services or digital content, we can still require you to make the payment at a later date.
18.6 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 English law and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.