TERMS AND CONDITIONS

Contents

1 / These terms
2 / Information about us and how to contact us
3 / Our contract with you
4 / Our products
5 / Your rights to make changes
6 / Our rights to make changes
7 / Facebook general
8 / Right to Remove or Edit User Submissions
9 / Contests, Sweepstakes and Promotions
10 / Providing the products
11 / Your rights to end the contract
12 / How to end the contract with us (including if you have changed your mind)
13 / Our rights to end the contract
14 / If there is a problem with the product
15 / Price and payment
16 / Prohibited site uses
17 / Live streams
18 / Our responsibility for loss or damage suffered by you
19 / Liability waiver
20 / Professional assistance
21 / Disclaimer
22 / How we may use your personal information
23 / Other important terms
24 / Model Cancellation Form

1 / These Terms

1.1 What these terms cover.

These are the terms and conditions on which we supply products to you (including where appropriate your membership of Nicky T Fitness), whether these are goods, services or digital content.

1.2 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 products 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 Who we are.

We are Nicky T Fitness.

2.2 How to contact us.

You can contact us by writing to us at [email protected] or New Farm, St Mawgan, Newquay, Cornwall, TR8 4HH.

2.3 How we may contact you.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address or contacting you via Instagram as per your preference.

2.4 “Writing” includes emails.

When we use the words “writing” or “written” in these terms, this includes emails.

3 / Our contract with you

3.1 How we will accept your order.

Our acceptance of your order will take place:

1. in the case of any goods to be supplied by us, when you receive automatic acceptance from us via our website that your chosen payment has been accepted by us at which point a contract will come into existence between you and us; or
2. in the case of a subscription service to be supplied by us, when you receive automatic acceptance from us via our website that your chosen payment has been accepted by us at which point a contract will come into existence between you and us. We will automatically bill the monthly, bi-annual and annual Nicky T Fitness membership to your Payment Method each month, bi-annually or annually as appropriate until it is cancelled (by you) or terminated (by us).

3.2 If we cannot accept your order.

If we are unable to accept your order, we will inform you of this via our website and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3 Your order number.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 Your Nicky T Fitness

starts on the date that you sign up and your payment via a valid Payment Method (as defined below) is accepted.

3.5 Membership

of Nicky T Fitness is on a rolling monthly basis and unless cancelled (by you), or terminated (by us), in accordance with these Terms, automatically renews each month, for monthly plans, or on the anniversary of the purchase date for annual plans. For example, if you purchase your membership on 1st December 2020, your membership will automatically renew on 1st January 2021 for monthly plans, or 1st December 2021 for annual plans (see “Billing Cycles” below).

3.6 Acceptable Payment Method

You must provide us with a current, valid, accepted method of payment (as set out on our website) to use Nicky T Fitness. We will automatically bill the monthly Nicky T Fitness membership to your Payment Method each month until it is cancelled (by you) or terminated (by us).

3.7 Recurring Billing.

By starting your membership, you authorise us to charge you a monthly fee at the membership rate prevailing on the renewal date.

3.8 Billing Cycles.

When you sign up and purchase your membership, your first payment will be billed immediately. Your membership will auto-renew on the same date each month (being the date on which the pass was activated), provided that, where such date does not exist in particular renewal month, your membership will be deemed to auto-renew on the day immediately following the date of expiry of your current membership.

3.9 We sell to the UK.

However, if you order goods from us for delivery outside the UK you will be responsible for all duties and taxes which may be payable on those goods on the importation to the requested country of delivery. We are not responsible for any restrictions on importation into the country of delivery. Our responsibility to you is to deliver the goods to the delivery partner in the UK.

4 / Our products

4.1 Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product packaging may vary.

The packaging of the product may vary from that shown in images on our website.

5 / Your rights to make changes

If you wish to make a change to the product 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 product, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 11- Your rights to end the contract).

6 / Our rights to make changes

6.1 Minor changes to the products.

We may change the product:

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.

6.2 More significant changes to the products and these terms.

In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, 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 products paid for but not received. What constitutes a material change will be determined at our sole discretion.

6.3 By continuing to access or use our Nicky T Fitness

after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service.

6.4 We reserve the right to remove any member from the Facebook group without notice or reason.

6.5 Updates to digital content.

We 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 bought it.

7 / Facebook general

7.1 The Facebook group provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by Nicky T Fitness.

7.2 Nicky T Fitness cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Nicky T Fitness are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.

8 / Right to Remove or Edit User Submissions.

8.1 Nicky T Fitness makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice.

9 / Contests, Sweepstakes and Promotions

9.1 Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply.

10 / Providing the products

10.1 Delivery costs.

The costs of delivery will be as displayed to you on our website.

10.2 When we will provide the products.

During the order process we will let you know when we will provide the products to you.

1. If the products are goods. If the products are goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
2. If the products are one-off services. We will begin the services on the date we accept your order.
3. If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
4. If the products are ongoing services or a subscription or digital content. We will supply the services or digital content to you until either the services are completed, or the subscription expires, or you end the contract as described in clause 11 or we end the contract by written notice to you as described in clause 13.

10.3 We are not responsible for delays outside our control.

If our supply of the products 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 products you have paid for but not received (this right does not apply where goods are ordered from outside the UK to a delivery address outside the UK).

10.4 If you are not at home when the product is delivered.

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

10.5 If you do not re-arrange delivery.

If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 13.2 will apply.

10.6 Your legal rights if we deliver goods late.

You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods, then you may treat the contract as at an end straight away if any of the following apply:

1. we have refused to deliver the goods.
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your order that delivery within the delivery deadline was essential.

10.7 Setting a new deadline for delivery.

If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 10.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

10.8 Ending the contract for late delivery.

If you do choose to treat the contract as at an end for late delivery under clause 10.7 or clause 10.8, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums, you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer services at [email protected] for a return label or to arrange collection.

10.9 When you become responsible for the goods.

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us, or you or a carrier organised by you collect it from us.

10.10 When you own goods.

You own a product which is goods once we have received payment in full.

10.11 What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the products to you, for example, clothing size or colour. If so, this will have been stated in the description of the products on our website. We will contact you in writing 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 13.2 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 the products 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.

10.12 Reasons we may suspend the supply of products to you.

We may have to suspend the supply of a product to:

1. deal with technical problems or make minor technical changes.
2. update the product to reflect changes in relevant laws and regulatory requirements.
3. make changes to the product as requested by you or notified by us to you (see clause 6).

10.13 Your rights if we suspend the supply of products.

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

10.14 We may also suspend supply of the products if you do not pay.

If you do not pay us for the products when you are supposed to (see clause 15.4) and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 15.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 15.5).

11 / Your rights to end the contract

11.1 You can always end your contract with us.

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:

1. You may terminate your membership of Nicky T Fitness at any time on giving to us at least 3 days prior notice ahead of a renewal date. For example, if your next renewal date is 30th September, you need to cancel by 27th September to avoid being charged for the next month. Cancellation includes being removed from the Facebook group on the same day as cancellation.
2. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 14.
3. If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2.
4. If you have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods].
5. In all other cases (if we are not at fault and there is no right to change your mind).

11.2 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 (e) 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 upcoming change to the product or these terms which you do not agree to (see clause 6.2).
2. we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
3. there is a risk that supply of the products may be significantly delayed because of events outside our control.
4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or
5. you have a legal right to end the contract because of something we have done wrong.

11.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

For most goods 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.

11.4 Our goodwill guarantee.

Please note, these terms reflect the goodwill guarantee offered by Nicky T Fitness of New Farm, St Mawgan, Newquay, Cornwall, United Kingdom TR8 4HH to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 14.2):

11.5 When you don’t have the right to change your mind.

You do not have a right to change your mind in respect of:

1. All Nicky T Fitness plans
2. digital products after you have started to download or stream these.
3. services, once these have been completed, even if the cancellation period is still running.
4. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
5. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
6. any products which become mixed inseparably with other items after their delivery.

11.6 How long do I have to change my mind?

How long you have depended on what you have ordered and how it is delivered.

1. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. 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.
2. Have you bought digital content for download or streaming? if so, 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 the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
3. Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
4. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
5. Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

11.7 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 clause 11.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

12 / How to end the contract with us (including if you have changed your mind)

12.1 Tell us you want to end the contract.

To end the contract with us, please let us know by doing one of the following:

1. Email. Email customer services at hello@nickyt.co.uk Please provide your name, home address, details of the order and, where available, your phone number and email address.

12.2 Returning products after ending the contract.

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at New Farm, St Mawgan, Newquay, Cornwall, TR8 4HH or (if they are not suitable for posting) allow us to collect them from you. Please email customer services at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.

12.3 When we will pay the costs of return.

We will pay the costs of return:

1. if the products are faulty or misdescribed.
2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

12.4 What we charge for collection.

If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge a minimum of £30 for collection of all products.

12.5 How we will refund you.

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

12.6 Deductions from refunds if you are exercising your right to change your mind.

If you are exercising your right to change your mind:

1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
3. Where the product is a service, 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.

12.7 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:

1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

13 / Our rights to end the contract

13.1 We may end the contract if you break it.

We may end the contract for a product at any time by writing to you if:

1. you do not make any payment to us when it is due, and you still do not make payment within 3 days of us reminding you that payment is due.
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
4. you do not, within a reasonable time, allow us access to your premises to supply the services.

13.2 You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 13.1, we will refund any money you have paid in advance for products we have not 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.

13.3 We may withdraw the product.

We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

14 / If there is a problem with the product

14.1 How to tell us about problems.

If you have any questions or complaints about the product, please contact us. You can email our customer service team at [email protected].

14.2 Summary of your legal rights.

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. 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. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
3. Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

See also clause 11.3.

1. If your product is digital content, for example a subscription to a fitness streaming service], the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
2. If your digital content is faulty, you’re entitled to a repair or a replacement.
3. 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.
4. 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 11.3.

If your product is services, the Consumer Rights Act 2015 says:

1. 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.
2. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
3. If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

14.3 Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email customer services at [email protected] for a return label or to arrange collection.

15 / Price and payment

15.1 Where to find the price for the product.

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 15.3 for what happens if we discover an error in the price of the product you order.

15.2 We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

15.3 What happens if we got the price wrong.

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

15.4 Overseas Customers.

We are not responsible for any import or other duties or taxes applying to the importation of goods and the customer should make all necessary arrangements locally with the appropriate authorities.

15.5 When you must pay and how you must pay.

We accept payment with most major debit & credit cards. When you must pay depends on what product you are buying:

1. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
2. For digital content, you must pay for the products before you download them.
3. For services, you must make an advance payment of the price of the services, before we start providing them.

15.6 We can charge interest if you pay late.

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 5% a year above the base lending rate of Barclays 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.

15.7 What to do if you think an invoice is wrong.

If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

16 / Prohibited site uses

16.1 Those who choose to access the Nicky T Fitness website (www.thrivewithnickyt.co.uk) Site do so at their own initiative and are responsible for compliance with all applicable laws.

16.2 As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

16.3 You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

16.4 You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein.

16.5 You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

16.6 You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site.

16.7 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

17 / Live streams

17.1 You agree to abide by the following:

1. You will not record Live Streamed classes or on demand videos in any way. Not for personal use or distribution. Should a recording be made, appropriate action will be taken to remove and/or delete said recording. Any such recording will be considered an infringement of the intellectual property rights of Nicky T Fitness which reserves its full rights to take any and all necessary enforcement action.
2. All content including but not limited to Nicky T Fitness brand and logo and choreography are copyrighted materials and subject to copyright law regarding use and distribution without permission.

18 / Our responsibility for loss or damage suffered by you

18.1 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.

18.2 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 clause 14.2 and for defective products under the Consumer Protection Act 1987.

18.3 When we are liable for damage to your property.

If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

18.4 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.

18.5 We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products 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.

19 / Liability waiver

19.1 If you have a medical concern/problem or health-related question, please consult with your GP before participating. Consult your GP/physician before beginning this or any other exercise program. The instructions and advice presented are in no way intended to be substitute for medical counselling/advice. Not all exercises are suitable for everyone and this or any other exercise program may result in injury.

19.2 Any user of this exercise program assumes the risk of injury resulting from performing the exercises shown. The creators, producers, participants, instructors and distributors of this program disclaim any liability or loss in connection with the exercises and advice contained herein.

19.3 By signing up to Nicky T Fitness you confirm that you wish to participate in the exercise class/course/workshop/training plans. In doing so you accept that your participation in these activities involves potential risk of injury, including but not limited to bodily injury, heart attack, stroke, or even death. You also recognise there are other risks associated with exercise and that it is not possible to list all of these. You confirm that you know and understand the risks of exercise, understand that injuries are a possibility, and you hereby assume all risks of injury which could occur by reason of your participation in anything related with Nicky T Fitness. You confirm that you are in good health and are able to take part in this activity. You agree to take full responsibility for your own health and well-being and agree that any instructions received will be used at your own risk.

19.4 You are required for your own safety to disclose any relevant medical information, to update this as may be necessary and understand that you are participating at your own risk.

20 / Professional assistance

20.1 You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

20.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

20.3 If you think you may be suffering from any medical condition you should seek immediate medical attention.
20.4 You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

20.5 Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law or exclude any of our liabilities that may not be excluded under applicable law.

21 / Disclaimer

21.1 You agree that attendance at or use of any such classes, activities, or other services is solely at your own risk. In no event shall Nicky T Fitness be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with a user’s attendance or participation in a class, service or appointment made through the site, or the performance or non-performance in connection with the services.

22 / How we may use your personal information

22.1 How we may use your personal information.

We will only use your personal information as set out in our Privacy Policy

23 / Other important terms

23.1 We may transfer this agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

23.2 You must purchase a membership plan in order to use the Service.

23.3 You must be at least 16 years old to use the Service.

23.4 You are responsible for any activity that occurs through your Account, and you agree you will not sell, transfer, license or assign your account, followers, username, or any Account rights. With the exception of people or businesses that are expressly authorised to create Accounts on behalf of their employers or clients, we prohibit the creation of, and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.

23.5 You agree that you will not solicit, collect or use the login credentials of other Nicky T Fitness users.

23.6 You are responsible for keeping your password secret and secure.

23.7 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. We may not agree. However, you may transfer our guarantee at clause 11.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

23.8 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.

23.9 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.

23.10 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 the products, we can still require you to make the payment at a later date.

23.11 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 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.

23.12 Which laws apply to this contract and where you may bring legal proceedings.

1. These terms and conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter.

24 / Model Cancellation Form

Complete and return this form only if you wish to withdraw from the contract. Please use the wording provided below.

To:
Nicky T Fitness
[email protected].

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*]:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date