BACKGROUND

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods, and Paid Content accessed via Subscription are sold by Us to consumers through this website taylortoned.com (“Our Site”).

Please read these Terms of Sale carefully and ensure that you understand them before purchasing anything from Us.  You will be required to read and accept these Terms of Sale when ordering Goods, or a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase any of Our Goods, or a Subscription and access Paid Content through Our Site.

PLEASE NOTE: if you are purchasing a Subscription, this is deemed digital content, and as this is made available to you immediately for downloading upon receipt of payment, you will lose any right you have to cancel the contract – please see Part 31 for more information.

Whether You are purchasing Goods or a Subscription, differing Terms may apply.  For ease of reference, We have set out an index to the Terms so you can scroll down to them easily.

TERMS THAT APPLY TO ALL CUSTOMERS

TERMS THAT APPLY TO GOODS

TERMS THAT APPLY TO PAID CONTENT AND SUBSCRIPTIONS

TERMS THAT APPLY TO ALL CUSTOMERS

1. Definitions

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the account required to access Paid Content;

“Contract” means a contract for the purchase of Goods or a Subscription to access Paid Content, as explained in Part 8;

“Goods” means all of the items We sell on Our Site that is not Paid Content;

“Order” means your Order to purchase Goods or a Subscription;

“Order Confirmation” means our acceptance and confirmation of your purchase;

“Paid Content” means the digital content sold by Us through Our Site;

“Subscription” means a subscription to Our Site providing access to Paid Content for the relevant period as stated in Part 26 (Subscriptions, Paid Content, Pricing and Availability); and

“We/Us/Our” means TaylorToned Ltd, a limited company registered in England and Wales with company number 13402051 and whose registered office is at International House, 12 Constance Street, London E16 2DQ.

2. Information About Us and How to Contact Us

2.1 Our Site is owned by Us.

2.2 You can contact us by writing to TaylorToned Ltd, International House, 12 Constance Street, London E16 2DQ or by emailing us at [email protected].

3. Restrictions

3.1 You must be over the age of 18 to purchase a Subscription from Our Site.

3.2 We cannot deliver Goods outside of the United Kingdom.

3.2 Only consumers may purchase from Our Site and by making a purchase you are confirming that you are a consumer, and that you are not entering into this Contract in the course of a business, trade or profession.

4. Disclaimer

4.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.

4.2 Before starting any exercise or diet regime you should consider consulting a qualified adviser to ensure the regime is suitable for you and your own doctor if you are pregnant, have a medical condition or taking medication or have related concerns.

4.3 Do not undertake any exercise program, diet or treatment provided by the Site, without professional or qualified supervision.

4.4 You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. We cannot be held responsible for any injuries which may occur as a result of your undertaking exercises available on our Site or by your using our sports Goods.

4.5 If you have or have asthma, heart condition, growth condition or have experienced chest pains or dizziness in the last month we strongly advise you not to try any of the workouts.

4.6 Our Site is not a medical facility and no information contained in our Site or digital content provided by Us should be used to prevent, treat or diagnose medical conditions of any kind.

4.7 We make no representations or guarantees concerning the level of success you may experience by following our Paid Content or that anyone will achieve any specific results.

5. Changes to these Terms of Sale

5.1 We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods paid for but not received and  a pro-rata refund for a Subscription.

6. Goods, Paid Content, Descriptions, and Changes

6.1 We make all reasonable efforts to ensure that all descriptions and images of Goods and Paid Content available from Us on Our Site match the actual Goods and Paid Content. Please note:

a) Images on Our Site are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;

b) Images or descriptions of packaging of Goods are for illustrative purposes only and the actual packaging may vary.

6.2 Please note that Part 6.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods or Paid Content, not to different Goods or Paid Content. If you receive Goods or download Paid Content that is/are not as described, please refer to Part 10.

6.3 Minor changes may be made to certain Goods from time to time. This may happen between you placing your Order and the Goods being dispatched.  Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.  Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

6.4 Minor changes may be made to Paid Content from time to time. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.  Minor changes will not change the main characteristics of the Paid Content and will not affect your accessing the Paid Content.

6.5 Some more significant changes may also be made to the Paid Content, for example, we may change our third party platform video supplier, or our third party payment provider.  If We believe that these changes may materially affect access to your Account or Paid Content, We will inform you of this and you may contact Us to end the Contract before the changes are made. If you end the Contract for this reason, you will receive a pro-rata refund for any Paid Content or part of a Subscription period paid for but not received.

7. Pricing

7.1 We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that We have accepted.  Please note, however, that changes in VAT will, as explained below.

7.2 All prices on Our Site include VAT.  We are not registered for VAT but if we do register for VAT we will inform you in writing and give at least 28 days’ notice that VAT will then become payable on all Goods and Content after that period elapsed unless you have already paid for the Goods or Subscription in full before the change in the rate of VAT takes effect.

7.3 When We become VAT registered, the price of the Goods and Subscriptions will then include VAT and if the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

7.4 All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.  If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.

If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods or Subscription at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.

7.5 If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods to Us.

8. Orders – How Contracts Are Formed

8.1 Our Site will guide you through the process of purchasing either Goods or a Subscription.  Before completing your purchase, you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

8.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Goods or Paid Content that results from you providing incorrect or incomplete information.

8.3 No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

8.4 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

8.5 Any refunds under this Part 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

8.6 Refunds under this Part 6 will be made using the same payment method that you used when making payment for your Order.

9. Cancelling the Contract

9.1 You may have the right to cancel the Contract  – please see Part 20 for more information if you have purchased Goods, or Part 31 if you have purchased a Subscription.

9.2 You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:

a) We have informed you about an upcoming change to these Terms of Sale that you do not agree to;

b) We have informed you about an upcoming change to the Goods or Paid Content that you do not agree to;

c) We have informed you about an error in the price or description of the Goods or Paid Content and you do not wish to proceed;

d) There is a risk that delivery of the Goods will be substantially delayed due to events outside of Our control.

9.3 If you cancel and end the Contract for any of the reasons set out in this Part 9, the Contract will end immediately and you will receive a full refund for any Goods or Paid Content which have not yet been provided (or a pro-rata refund for unused periods of a Subscription).

9.4 If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

10. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.  If you wish to contact Us, please use the details set out in Part 2.

11. How We Use Your Personal Information (Data Protection)

11.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

11.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy https://taylortoned.com/privacy-policy/

12. Other Important Terms

12.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

12.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

12.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

12.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

12.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

12.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.

13. Law and Jurisdiction

13.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

13.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.

TERMS THAT APPLY TO GOODS

14. Delivery Charges

Delivery charges are not included in the price of Goods shown on Our Site.  Delivery options and related charges will be presented to you as part of the order process.

15. Payment

15.1 Payment for Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

15.2 Methods of payment are set out on Our Site.

15.3 If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know.

16. When You Own the Goods

Ownership of the Goods passes to you once We have received payment in full of all sums due.

17. Delivery

17.1 All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

17.2 Items of sports equipment (i.e. treadmills, exercise bikes, rowing machines etc) will require home assembly.  We will not install or assemble any of the sports equipment sold by Us.

17.3 Delivery is to the doorstep only.

17.4 Due to the size of some of Our Goods and delivery vehicles, it is your responsibility to inform Us or the carriers delivering on behalf of us of any restrictions regarding access for the delivering vehicles and access to the property to deliver the Goods. This includes but is not limited to: steps (including those that require climbing to gain access to the property entrance), any overhanging/low trees/shrubs, steep driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery.  We will not accept any claims for compensation arising from non/failed/refused delivery of any of Our Goods where the carriers or We were not made aware of any points regarding access restrictions. In the event that the Goods are refused/cancelled due to these restrictions, you will be liable for all carriage charges. Orders under 20KG may be left at an access point by our appointed carriers should the initial delivery attempt fail.

17.5 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

17.6 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods that you have not received.

17.7 If you (or someone on your behalf) are not available at your address to take delivery of the Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods.

17.8 If you do not arrange to have the Goods re-delivered or do not collect them, We will contact you to ask for further instructions.

17.9 We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

17.10 In the unlikely event that We do not deliver the Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

a) We have refused to deliver the Goods;

b) In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or

c) You told Us when ordering the Goods that delivery within the specified or agreed time period was essential.

17.11 If you do not wish to cancel under this Part X, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.

17.12 If any cancelled Goods are delivered to you, you must return them to Us or contact Us to arrange delivery.  Only if you are cancelling under this Part 17 We will cover the costs of postage or collection.

17.3 Responsibility for the Goods passes to you once We have delivered the Goods to the address you have provided or if We have left the Goods in accordance with any instructions that you have given to Us (for example to leave the Goods on a porch or garage).

18. Faulty, Damaged, or Incorrect Goods

18.1 As you are a consumer we are under a legal duty to supply Goods that are in conformity with this Contract.  This means that the Goods have to match the description given to them, be of satisfactory quality and fit for their specific purpose.

18.2 Please note that you will not be eligible to claim under this Part 18 if:

a) We informed you of the problem(s) with the Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

b) You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

c) You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods for that purpose; or

d) The problem(s) is/are the result of normal wear and tear; or

e) You have changed your mind (please refer to Part 9).

18.3 Your obligation to return rejected Goods. If you have a legal right to reject Goods as they do not conform to the Contract as set out in this Part 18 you must return them to Us or for larger items that cannot be sent by ordinary post, allow Us to collect them from you. We will pay the costs of return if upon receipt We agree that the product was faulty or misdescribed.   

18.4 For detailed information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

19. Your Rights to Cancel and End the Contract

19.1 If the Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 18above, for more information.

19.2 If you have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part20, below, for more information.

19.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 20 below, for more information.

20. Cancelling and Ending the Contract if You Change Your Mind

20.1 The Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14 calendar day “cooling-off period” begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

a) If the Goods are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.

b) If the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.

20.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email or post). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number.

20.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

20.4 Please note that this right to cancel may not apply if the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them or, where you have handled the Goods in a way that you would not if you had purchased them instore i.e. opened any packaging, worn or used the Goods or started to assemble the Goods.

21. Returning Goods After Cancelling and Ending the Contract

21.1 If you cancel and end the Contract for any reason after Goods have been dispatched or delivered to you, you must return the Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 2 for Our contact details.

21.2 If you are exercising your right to change your mind under the cooling-off period as set out in Part 9, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.

21.3 We will only cover the costs of returning the Goods to Us in the following circumstances:

a) The Goods are faulty or misdescribed;

b) You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;

c) You are cancelling and ending the Contract because of upcoming changes to the Goods that you do not agree to;

d) You are cancelling and ending the Contract because We have made an error in the price or description;

e) You are cancelling and ending the Contract because there is a risk that delivery of the Goods will be substantially delayed due to events outside of Our Control;

f) You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong as set out in these Terms of Sale.

21.4 In all other circumstances, including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

21.5 If you are responsible for the costs of returning the Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods.

22. Refunds

22.1 All refunds due to you will be made using the same method used by you when paying for the Goods. You will be refunded the price paid for the Goods and for delivery, subject to the following limitations and deductions:

a) If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.

b) Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 days, but you select 24 hour express delivery, your refund for delivery charges will only be equivalent to the cost of the cheaper option.

22.2 All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:

a) The day on which We receive the returned Goods;

b) The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);

c) If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or

d) If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.

23. Our Liability to You

23.1 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.

23.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the Goods purchased.

23.3 We are not liable for business losses. As a consumer customer we only supply the Goods to you for domestic and private use.  You must not use the Goods for any commercial, business or re-sale purpose, and if you choose to do so, 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 our total liability to you for all and any 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 cost paid for the Goods.

TERMS THAT APPLY TO PAID CONTENT AND SUBSCRIPTIONS

24. Purchasing Paid Content or a Subscription

24.1 Our Site will guide you through the ordering process.

24.2 When you submit an Order to Us for a Subscription, this will give you the entitlement and access to Paid Content which comprises of:

24.3 A single purchase of Paid Content that will allow you access such Paid Content as stated on Our Site (“Single Purchase”); or

24.4 An ongoing subscription (“Ongoing Subscription”) of Paid Content that will allow you to access a library of videos, nutrition plans and live streaming videos, as set out on Our Site, for such a period as you chose when submitting your Order.

25. Accounts

25.1 It is your responsibility to ensure that the Subscription/Paid Content you are purchasing meets your particular needs. We do not make any warranties or guarantees that you will obtain any particular result from your Subscription.

25.2 Our Paid Content is only accessible through a third party platform, which we may change from time to time without notice to you.  You will need to install the third party application in order to be able to access Paid Content.  Please note that the third party platform will ask you to agree to its terms and conditions and privacy and cookies policy when you use its the service.

25.3 We are not, in any way responsible, for the acts or omissions of the third party platform providers that We use.

25.4 You may not create an Account if you are under the age of 18.

25.6 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

25.7 We recommend that you choose a strong password for your Account, for example, using a combination of lowercase and uppercase letters, numbers, and symbols.

25.8 It is your responsibility to keep your password safe. You must not share your Account with anyone else.

25.9 If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

25.10 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

25.11 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Part xx.

25.12 If you wish to delete your Account, please contact us and we will process your request.  Once an Account has been deleted, We will remove your information from Our systems and will remove your User Content from Our Site (where applicable). Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.

26. Subscriptions, Paid Content, Pricing, Payment and Availability

26.1 During the ordering process, you will be required to choose whether you wish to Order a Single Purchase or an Ongoing Subscription.

26.2 If you wish to purchase an Ongoing Subscription, you will be required to choose the length of the Subscription.  Subscriptions automatically renew for the same period as the initial Subscription period until such time as you or We terminate this agreement.

26.3 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.

26.4 Once We have accepted a Subscription, you will be able to access Paid Content immediately.  This means that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in Part 31.

26.5 We aim to update new Paid Content on a regular basis but such updates are updated at our absolute discretion.

26.6 Paid Content is available for the entire length of your Subscription but we reserve the right (without notice to you) to change or remove Paid Content that is, in our sole discretion, no longer relevant, outdated or requires modification or updating.

27. Payment

27.1 Payment for Subscriptions must always be made in advance.

27.2 All payments are processed using third party payment service providers, Stripe and PayPal. Your chosen payment method will be charged at the time that you submit your Order and not more than 28 days before each renewal date.

27.3 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

27.4 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

27.5 We may charge you interest if you pay late. If a payment to Us is not made by the due date, We may charge you interest on the overdue sum at the rate of 8% per annum.  Interest shall accrue on a daily basis from the due date until the actual date of payment, whether before or after judgment. You must pay Us any interest due together with the overdue sum.

27.6 If you believe that We have charged you an incorrect amount, please contact Us at as soon as reasonably possible to let Us know.  You will not be charged for Paid Content while availability is suspended.

28. Provision of Paid Content

28.1 Paid Content appropriate to your Subscription will be available to you immediately when We send you an Order Confirmation (but time is not of the essence).  Your access to Paid Content will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract (subject to Parts 31 and 32).

28.2 When you place an order for a Subscription, you acknowledge that you wish the Paid Content to be made available to you immediately.  By confirming your order, you are acknowledging that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see Part 31 for more information.

28.3 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

28.3.1 To fix technical problems or to make necessary minor technical changes;

28.3.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements.

28.4 If We need to suspend availability of the Paid Content for any of the reasons set out Part 32, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).  You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 7 days.  If the suspension lasts (or We tell you that it is going to last) for more than 31 days, you may end the Contract as described below in Part .

32 We may suspend provision of the Paid Content if We do not receive payment on time from you.

29. Personal Licence

29.1 When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable personal licence to access and use the relevant Paid Content for personal, non-commercial purposes.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

29.2 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

30. Problems with the Paid Content

30.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  Your available remedies will be as follows:

30.1.1 If the Paid Content has faults, you will be entitled to a replacement.

30.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.

30.2 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair.  We are not liable for any damage caused as a result of your installing or using the third party platform provider as referred to in Parts 25.2 and 25.3.

30.3 Please note that We will not be liable under this Part if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

30.4 Refunds (whether full or partial, including reductions in price) under this Part xx will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund and will be made using the same payment method that you used when purchasing your Subscription.

31. Cancelling Your Subscription

31.1 As a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.  The period begins once We have sent you your Order Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

31.2 After the cooling-off period, you may cancel your Subscription at any time, however subject to Part 32 We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

31.3 The cooling off period does not apply to any Subscription renewals.

31.4 If you wish to exercise your right to cancel under this Part 31 please contact us using the contact information set out in Part 2 providing Us with your name, address, email address and telephone number.

31.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.

31.6 Refunds under this Part 31 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel, and will be made using the same payment method that you used when purchasing your Subscription.

32. Your Other Rights to End the Contract

32.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content, or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.

32.2 You may end the Contract and We will issue a pro-rata refund if:

  1. We have suspended availability of the Paid Content for more than 31 days;
  2. There is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control;
  3. We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result;
  4. If We are materially breach any of these Terms of Sale.

32.3 Refunds under this Part 32 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.

33. Our Liability to You

33.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

33.2 Our Paid Content is intended for non-commercial use only.  We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

33.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation.  Please note that We will not be liable under this provision if:

  1. The damage was caused by any third party link followed on Our Site, or damaged using any third party platform provider used to access the Paid Content;
  2. We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
  3. The damage has been caused by your own failure to follow Our instructions; or
  4. Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.

33.4 We do not make supply or make available the third party platform that that you use to access any Paid Content. We are not a party to your download and use of that platform, and We will have no responsibility or liability to you in relation to it in any respect. It will be subject to and governed by such of its own terms and conditions and privacy policy as the third party provider of the platform to you imposes on such download and use.

33.5 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

33.6 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.