TERMS & CONDITIONS
UK BODY TALK LIMITED
CONSUMER TERMS AND CONDITIONS FOR DIGITAL CONTENT AND SERVICES
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we provide digital content or services to you (as defined under clause 4 below).
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 digital content and services 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 UK Body Talk Limited a company registered in England and Wales. Our company registration number is 04851892 and our registered office is at 78 York Street, London, England, W1H 1DP. Our registered VAT number is GB 855745096.
2.2 How to contact us. You can contact us by telephoning us at 0207 118 9999 or by writing to us at email@example.com and 78 York Street, London, W1H 1DP.
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 you provided to us in your order.
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 you can make an order. You can place an order with us via our website, by following the on-screen prompts or by emailing us.
3.2 Errors. Our online order process allows you to check and amend any errors before submitting your order to us. Please check your order carefully before confirming it.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the digital content or services (as applicable). This might be because we have identified an error in the price or description of the digital content or the services.
4. What we will provide to you
These terms govern the supply of standard online learning modules (the “digital content”) and the supply of bespoke live coaching services (the “services”) as applicable. More information on our digital content can be found here. More information on our services can be found here. If you are only buying digital content then the references to services in these terms will not apply to you.
5. Your rights to make changes
If you wish to make a change to the date and/or time of your appointment / timeslot for our live coaching services then please contact us and we will try to rearrange your appointment / timeslot for a date and time which is more suitable for you.
6. Our rights to make changes (including to these terms)
6.1 We may make changes to these terms from time to time. We will notify you of any changes we make to these terms via our website.
6.2 Minor changes to the digital content. We may change the digital content:
6.2.1 to reflect changes in relevant laws and regulatory requirements; and
6.2.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the digital content.
provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the digital CONTENT / Services
7.1 When we will provide the digital content / services:
7.1.1 Digital content. We will make the digital content available for download or streaming by you as soon as we accept your order.
7.1.2 Services. We will provide the services at the time of the session we have agreed with you.
7.2 We are not responsible for delays outside our control. If our provision of the services 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 arising out of or in connection with the event, but if there is a risk of substantial delay you may contact us to cancel your session.
7.3 If you do not allow us to provide services. If you do not allow us to perform the services as arranged e.g. you do not attend your session (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange the provision of the services we may end the contract.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the services to you, for example, any pre-course questionnaire and / or the video of you which we require in order to provide the services to you (including feedback in respect of such video). We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it and at the latest by seven calendar days before your session, or if you give us incomplete or incorrect information, we may cancel your session. We will not be responsible for performing the services late or not performing 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 and at the latest by seven calendar days before your session.
8. Your rights to end the contract
8.1 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 our obligations under the contract and when you decide to end the contract:
8.2 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 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any digital content or services which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services we intend to perform for you or the digital content which you do not agree to;
8.2.2 we have told you about an error in the price or description of the digital content or services you have ordered and you do not wish to proceed;
8.2.3 there is a risk that the provision of the services may be significantly delayed because of events outside our control;
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 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.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 digital content after you have started to download or stream such content; and
8.4.2 services, once these have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1 Have you bought live coaching services? If so, you have 14 after the day we email you to confirm we accept your order and agree your session to change your mind and end the contract. 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 performing the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.5.2 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. In other words, as soon as you start streaming or downloading the digital content you cannot change your mind.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by using the form in Schedule 1 of these terms or contacting us using the details in clause 2.2.
9.2 How we will refund you. We will refund you the price you paid for the digital content or services by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 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 performance 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 performed, in comparison with the full coverage of the contract.
9.4 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
10. Our rights to end the contract
10.1 We may end the contract if you breach it. We may end the contract at any time by writing to you if:
10.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to perform the services; or
10.1.2 you do not, within a reasonable time, allow us to perform the services.
10.2 You must compensate us if you breach the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you 50% of the price as compensation for the net costs we will incur as a result of your breaching the contract.
11. If there is a problem with the digital content or services
11.1 How to tell us about problems. If you have any questions or complaints about the digital content or services, please contact us using the contact details in clause 2.2.
11.2 Summary of your legal rights. We are under a legal duty to supply digital content and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital content and services. 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.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
In relation to services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12. Price and payment
12.1 Where to find the price for the digital content and services. The price of the digital content and services will be the price indicated on the order pages when you placed your order (to which VAT will be added before purchase). We take all reasonable care to ensure that the price of the digital content or services advised to you is correct.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we perform the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the digital content and services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the digital content or services at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the digital content or services at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards. When you must pay depends on what you are buying:
12.4.1 For digital content, you must pay for the content before you download or stream it.
12.4.2 For services, you must pay for the services, before we start providing them.
13. Our responsibility for loss or damage suffered by you
13.1 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 breaching this contract or our failing to use reasonable care and skill.
13.2 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 digital content or services
13.3 Defective digital content. If defective digital content which we have supplied damages a device 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 (as applicable) 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.
13.4 We are not liable for business losses. We only supply the digital content and services under these terms for domestic and private use. If you use the digital content or 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. If you are a business and you would like to buy digital content and / or live coaching services then please contact us at using the details in clause 2.2 for a copy of our business terms.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation.
15.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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.
15.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching 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.
15.6 These terms are governed by English law and you can bring legal proceedings in respect of the digital content or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the digital content or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the digital content or services in either the Northern Irish or the English courts.
15.7 All intellectual property rights in or arising out of or in connection with the services including any digital content are owned by us. You shall only use the digital content or any other materials arising out of or in connection with the services for the purposes of personally receiving benefit of the services and the digital content. You shall not publish, disclose, transfer, disseminate, make available or share with any person (i) such film, video footage or other recordings of the digital content; or (ii) any other materials arising out of or in connection with the services.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To UK Body Talk Limited 78 York Street, London, England, W1H 1DP, Tel: 0207 118 9999, email: firstname.lastname@example.org
I hereby give notice that I cancel my contract for the following [digital content][*] or [services][*]
[Ordered on:][*] or [Date of session:][*]
Name of consumer:
Address of consumer:
Signature of consumer: (only if this form is notified on paper)
[*] Delete as appropriate