Subscription Terms and Conditions

Subscription Terms and Conditions


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Our subscription terms

      1. What these terms cover. These are the terms and conditions on which we supply the services provided through our Accessercise App to you.  Your use of the App is also subject to our Acceptable Use Policy at https://accessercise.com/acceptable-use-policy/.
      2. Why you should read them. Please read these terms carefully before you subscribe for our services. These terms tell you who we are, how we will provide our service 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. 
      1. Who we are. We are Accessercise a company registered in England and Wales. Our company registration number is 12732814 and our registered office is at 1 Regency Terrace, Kerswell Close, London, England, N15 5HS.
      2. How to contact us. You can contact us by writing to us at support@accessercise.com and 1 Regency Terrace, Kerswell Close, London, England, N15 5HS.
      3. How we may contact you. If we have to contact you we will do so by telephone and/or by writing to you at the email address or postal address you provided to us when subscribing. 
      4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
      1. We are not responsible for other websites you link to.  Our App and services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 
      1. Contract formation. Our contract with you will come into existence when you subscribe. 
      2. We only contract with adults.  We do not provide our service to children.
      3. Information on Subscription.  We ask you to answer three questions when you subscribe with us.  We provide specific information and options to you in response to your answers and you are responsible for ensuring that you answer them correctly (and update those answers as necessary).  Our knowledge of your capacity to use the information provided by us is limited to your answers and we are not responsible for the options that you select or the use that you choose to make of that information or for the impact of any injuries to which you are subject.  We do not limit or exclude our liability for death or personal injury caused by negligence but you are responsible for creating and following an exercise regime which is suited to your own particular strengths, needs and limitations.
      1. Minor changes to our services. We may change our services: 
        1. to reflect changes in relevant laws and regulatory requirements; and 
        2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services.
      2. More significant changes to our services and these terms. In addition, we may develop our services over time and will keep you informed of any changes.
      3. Updates to digital content. We or the app store from which you downloaded our App (‘App Store’) may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you downloaded it. 
      4. Increases in charges.  We may increase our charges from time to time and will give you the opportunity to terminate your subscription before we do so.
      1. When we will provide our services. We will supply our services and digital content to you until your subscription expires or you end the contract as described in 7 or we end the contract by written notice to you as described in 9.
      2. We are not responsible for delays outside our control. We do not guarantee the availability of our services.  However, if our supply of our services is significantly delayed by an event outside our control then we will contact you as soon as practicable to let you know and we will take steps to minimise the lack of availability. Provided we do this we will not be liable for lack of availability, but if our service is significantly disrupted you may contact us to end your subscription and we will make a fair and reasonable adjustment to payment arrangements. 
      3. Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services to:
        1. deal with technical problems or make minor technical changes; or 
        2. update the services to reflect changes in relevant laws and regulatory requirements.
      4. Your rights if we suspend the supply of our services. We will wherever practicable contact you in advance via our App to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend our services for longer than a week in any month we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end your subscription if we suspend or services, or tell you we are going to suspend them, in each case for a period of more than one week and we will refund (or ask you to apply to the applicable App Store for a refund of) any sums you have paid in advance for the services in respect of the period after you end the contract.
      5. We may also suspend supply of our services if you do not pay. If you do not pay us for the services when you are supposed to (see 11.2) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments.
      1. You can always end your contract with us.  Your rights when you end the contract will depend how we are performing and when you decide to end the contract:
        1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see 10;
        2. If you want to end the contract because of something we have done or have told you we are going to do, see 7.2;
        3. If you have just changed your mind about our services, see 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; 
        4. In all other cases (if we are not at fault and there is no right to change your mind), see use 7.5.
      2. 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 (c) below the contract will end immediately and we will refund you (or ask you to apply to the applicable App Store for a refund) 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 upcoming change to the services or these terms which you do not agree to (see 5.2);
        2. we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
        3. you have a legal right to end the contract because of something we have done wrong).  
      3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). 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 in these terms. 
      4. How long do I have to change my mind?  You have 14 days after the day you to confirm your subscription. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
      5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 7.1), you can still end the contract at the end of a subscription period (as selected for you when you subscribed) by giving the App Store from which you downloaded our App the specified period of notice.
      1. Tell us you want to end the contract. To end the contract with us, please let us know via our App or by ending your subscription with the applicable App Store. 
      2. How you will be refunded.  Any subscription fees due to you will be refunded in accordance with the terms of the App Store from which you downloaded our App.
      3. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service 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.
      4. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
      1. We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within [seven] days of us reminding you that payment is due.
      2. You must compensate us if you break the contract. If we end the contract in the situations set out in 9.1 we will refund any money you have paid in advance for services.
      1. How to tell us about problems. If you have any questions or complaints about our services, please contact us via the Accessercise App.
      2. Summary of your legal rights. We are under a legal duty to supply services and digital content that are in conformity with this contract. Your key legal rights are as follows:
        1. the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality; if it is faulty, you’re entitled to a repair or a replacement.  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;
        2. in relation to services, the Consumer Rights Act 2015 says 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.
      3. Nothing in these terms will affect your legal rights.
      1. Where to find the subscription price. Our subscription charges (which include VAT) will be as indicated to you as part of the subscription process. 
      2. When you must pay and how you must pay. Payment is made to the App Store from which you downloaded the Accessercise App.
      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. 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.
      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; for breach of your legal rights in relation to the products as summarised at se 10.2.
      3. When we are liable for damage to your property.  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.
      4. We are not liable for business losses. We only supply our services for personal and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      1. How we may use your personal information.  We will only use your personal information as set out in our https://accessercise.com/privacy-policy/.
    1. 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.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing in advance. 
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under 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 our services, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of our services in the English courts. If you live in Scotland you can bring legal proceedings in respect of our services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our services in either the Northern Irish or the English courts.