Terms & Conditions

Please read the following important terms and conditions before you buy any digital content from us.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

if your digital content is faulty, you’re entitled to a repair or a replacement;

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;

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.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

Important information on downloading costs and ‘bill shock’:

When you buy your digital content, it will automatically available for you to stream onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this contract:

  • ‘We’, ‘us’ or ‘our’ means David Saxton and Brian Saxton T/A https://exercisefortheelderly.com; and
  • ‘You’ or ‘your’ means the person buying digital content from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

Who are we?

We are David Saxton and Brian Saxton T/A https://exercisefortheelderly.com

Our address is: 3 Tunnel Road, Tunbridge Wells, Kent, TN1 2BT

The details of this contract will not be filed with any relevant authority by us.

1. Introduction

  1. If you buy digital content from us you agree to be legally bound by this contract.
  2. You may only buy digital content from our site for non-business reasons.
  3. This contract is only available in English. No other languages will apply to this contract.
  4. When buying any digital content you also agree to be legally bound by:
    1. our website terms and conditions and any documents referred to in them;
    2. extra terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and

All of the above documents form part of this contract as though set out in full here.

2. Information we give you

  1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
    1. click on the ‘key information’ button;
    2. read the acknowledgement email (see clause 2.1); or
    3. contact us using the contact details at the top of this page.
  2. The key information we give you by law forms part of this contract (as though it is set out in full here).
  3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

3. Your privacy and personal information

  1. Our Privacy Policy is available at https://exercisefortheelderly.com/privacy-policy/
  2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with ourPrivacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4. Ordering digital content from us

  1. Below, we set out how a legally binding contract between you and us is made.
  2. You place an order for digital content by ordering from our website. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content. Please click on the ‘key technical information’ button if you want to see the requirements.
    1. When you place your order at the end of the online purchase process (eg when you click on the ‘PAY”’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
    2. We may contact you to say that we do not accept your This is typically for the following reasons:
      • the digital content is unavailable;
      • we cannot authorise your payment;
      • you are not allowed to buy the digital content from us;
      • we are not allowed to sell the digital content to you; or
      • there has been a mistake on the pricing or description of the digital content.
    3. We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
      • a legally binding contract will be in place between you and us; and
      • the digital content will download automatically.

5. No right to cancel this contract once streaming starts

  1. When you buy the digital content:
    1. you have no right to cancel this contract once the streaming of the digital content starts; and
    2. you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when clicking on the ‘Pay’ button and acknowledge that I will lose my right of withdrawal from the contract once the order is complete as I will be able to immediately stream the digital content’.
    3. you have a right to cancel this contract before you have access to the digital content, within 14 days. If you change your mind please email us using the contact information provided in this contract.
    4. by a monthly rolling contract, you are entitled to cancel at any time by providing notice to us either in writing by post or email. If you cancel your monthly payments you will have full access to the digital content until the month-end at which point you will be unable to access the digital content. No refunds will be due on any previous month’s subject to clause 10.

6. Permission to use the digital content

  1. When you buy the digital content and download it (see clause 4.2.3(b)), you will not own it. Instead, we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
  2. The digital content:
    1. is non-exclusive to you. We may supply the same or similar digital content to other users;
    2. may not be:
      • copied by you except for a reasonable number of necessary back-ups;
      • changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
      • combined or merged with, or used in, any other computer program;
      • distributed or sold by you to any third party;
    3. includes a guide on how to use it. Please read this carefully. This guide is set in the “Introduction” section on the course.
    4. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trademark (®) or unregistered trademark (™) markings.
  3. Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.

7. Accessing Digital Content

  1. Once you have clicked on the ‘PAY button (see clause 4.2.1) and received the Confirmation Email (see clause 4.2.3 you will be given immediate access to the digital content by logging in to your account. If something happens which:
    1. is outside of our control; and
    2. affects you being able to stream the digital content,

we will let you have a revised time for when you can expect to be able to access the digital content. If your computer or device blocks access to the digital content or if the digital content does not work you may still have the right to cancel the contract. For more details, visit our webpage.

8. Payment

  1. We accept the following credit cards and debit cards: Visa, Mastercard and Amex. We do not accept cash.
  2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  3. Your credit card or debit card will only be charged when you click the “PAY” button.
  4. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
    1. Verified by Visa: www.visa.c.uk/pay-with-visa/featured-technologies/verified -by-visa.html
    2. Mastercard®SecureCodeTM: www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html ; or
    3. American Express SafeKey: www.americanexpress.com/uk/benefits/service-security/safety-fraud/how-amex-protects-you/safekey/
  5. The price of the digital content by monthly subscription:
    1. is in pounds sterling £18.00 (GBP);
    2. includes VAT at the applicable rate. Currently, no VAT added.
  6. The price of the digital content for a 12-month subscription:
    1. is in pounds sterling £180.00 (GBP);
    2. includes VAT at the applicable rate. Currently, no VAT added.
  7. You shall pay our costs and expenses including any solicitors or other professionals’ costs and expenses (incurred both during and after the end of the term) reasonably incurred in connection with or in contemplation of the client’s breach of any of these terms.

9. Nature of the digital content

  1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
    1. is of satisfactory quality;
    2. is fit for purpose; and
    3. matches its description.
  2. We must provide you with digital content that complies with your legal rights.
  3. When we supply the digital content:
    1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
    2. we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
    3. you acknowledge that there may be minor errors or bugs in it.

10. Faulty digital content

  1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
    1. contact us using the contact details at the top of this page; or
    2. visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
  2. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  3. Please contact us using the contact details at the top of this page, if you want:
    1. us to repair the digital content;
    2. us to replace the digital content;
    3. a price reduction; or
    4. to reject the digital content and get a refund.
  4. To avoid faults in the digital content happening, you must:
    1. install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;
    2. use it only on the recommended third-party software and equipment set out in the guide to its use or on our website; and

11. End of the contract

  1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
  2. If you choose the 12-month subscription this contract shall automatically come to an end after 12 months and will not automatically renew. Should you wish to continue to receive the digital content you must re-subscribe using our website.

12. Limit on our responsibility to you

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
    1. losses that:
      • were not foreseeable to you and us when the contract was formed; or
      • that were not caused by any breach on our part;
    2. business losses; and
    3. losses to non-consumers.
  2. It is your responsibility to ensure that the digital content is suitable for the purpose of which it is intended. Where the digital content contains exercise programmes you must satisfy yourself that it is suitable for you taking into account your age and fitness level.
  3. You should not commence the exercise programme prior to seeking medical advice. We will have no liability for any personal injury suffered as a result of your failure to ensure that the programme is suitable for you.

13. Disputes

  1. We will try to resolve any disputes with you quickly and efficiently.
  2. If you are unhappy with:
    1. the digital content;
    2. our service to you; or
    3. any other matter,
  3. please contact us as soon as possible.
  4. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
    1. let you know that we cannot settle the dispute with you; and
    2. give you certain information required by law about our alternative dispute resolution provider.
  5. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
  6. The laws of England and Wales will apply to this contract.

14. Third party rights

  1. No one other than a party to this contract has any right to enforce any term of this contract.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To,

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] for the supply of the following service
[*],

Ordered on [*]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date