JENNIS FITNESS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1. PURPOSE OF THE TERMS
These terms and conditions of use (together with any documents referred to in these terms and conditions of use) (these “Terms”) set out the terms and conditions on which you may make use of:
the Jennis Fitness website (www.jennisfitness.com) (including all related sub-domain names) (the “Website”) and any digital content we provide to you through the Website;
the Jennis Fitness mobile application software, the data supplied within the software and any updates or supplements to it (the “App”) and any digital content we provide to you through the App; and
any other products, services and/or platforms we operate now and at any time in the future, (together, the “JFL Service”).
The JFL Service relates solely to our “Jennis Fitness” brand, which is that part of the wider “Jennis” brand that relates to the provision of certain fitness and wellbeing related digital products and services, together with such other areas of our business as we shall determine from time to time.
2. OUR DETAILS
The JFL Service is operated by Jennis Fitness Limited (“we”, “our” and “us”). We are registered in England and Wales under company number 11871977 and have our registered office at Spencer House, 6 Morston Court, Aisecombe Way, Weston-Super-Mare, North Somerset, BS 22 8NG.
To contact us:
email us at firstname.lastname@example.org; or
write to us at Jennis Fitness Limited, Thornton House, Thornton Road, Wimbledon, SW19 4NG.
You should provide any feedback, questions and complaints relating to the JFL Service to us to the email or postal address set out above.
OTHER TERMS THAT MAY APPLY TO YOU
The following additional terms will also apply to your use of the JFL Service:
The way in which you can use the App may also be controlled by the rules and policies of the Google Play Store and the Apple App Store in force from time to time.
ACCEPTANCE OF THESE TERMS
BY USING ANY OF THE JFL SERVICE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE JFL SERVICE. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
The JFL Service is provided to you free of charge, but you may access additional and exclusive pay-to-access digital content by purchasing a rolling digital content subscription (a “Content Subscription”) as an in-App purchase, through the Google Play Store or Apple App Store or from JFL through the Website.
The price of each Content Subscription will, subject to paragraph 5.6 below, be as set out on the Website, on the App or on the Google Play Store or Apple App Store (the “Subscription Fee”) per applicable subscription period (of 1 month, 3 months or 12 months, as appropriate) (each, a “Subscription Period”) from time to time, payable in advance with the first Subscription Period commencing on the date you purchase the Content Subscription through the App, through the Google Play Store or Apple App Store or through the Website.
A Content Subscription will entitle you to unlimited access to any additional and exclusive pay-to-access digital content during each Subscription Period for which the Subscription Fee has been paid.
Your payment to us or the third party through which you purchased the Content Subscription will automatically renew at the end of each Subscription Period, unless you cancel your Content Subscription before the end of the then-current Subscription Period (see paragraph 5.9 below).
We may change the Subscription Fee from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next Subscription Period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Content Subscription after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Content Subscription (by removing your payment details from the App and/or Website (as applicable)) prior to the price change going into effect.
From time to time, we or others on our behalf may offer trials of a Content Subscription for a specified period without payment or at a reduced rate (a “Trial”). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we will require you to provide your payment details to start the Trial. By providing these details, you agree that we may automatically begin charging you for the Subscription Fee on the first day following the end of the Trial on a recurring basis in accordance with paragraph 5.4 above. If you do not want this charge, you must cancel the applicable Content Subscription prior to the end of the Trial (by removing your payment details from the App and/or Website (as applicable)).
If you purchase a Content Subscription, you have the right to change your mind and to cancel the Content Subscription and receive a full refund of all monies paid within 14 days from the date you purchase the Content Subscription (the “Cooling-Off Period”), provided that:
if you sign up for a 7-day free Trial, the Cooling-Off Period for the Content Subscription for which you are receiving the Trial will end 14 days after you start the Trial; and
you agree that you waive your right to the Cooling-Off Period once you download, use and/or otherwise access the pay-to-access digital content (where such download, use and/or other access is begun and/or made upon your request).
If you wish to cancel within the Cooling-Off Period (if applicable) and you have purchased the Content Subscription as an in-App purchase or through the Google Play Store or the Apple App Store, please see the Google Play Store or the Apple App Store refund policy (as appropriate) and any such requests for refunds during the Cooling-Off Period (if applicable) will need to be made in compliance with the appropriate Google Play Store or Apple App Store refund policy. If you wish to cancel within the Cooling-Off Period (if applicable) and you have purchased the Content Subscription from JFL through the Website, please contact us.
You can still cancel a Content Subscription after the Cooling-Off Period has expired (if applicable) or at any other time by unsubscribing from the Content Subscription before your next Subscription Period is due to start by removing your payment details from the App and/or Website (as applicable). You will continue to have access to the Content Subscription for the remainder of the Subscription Period for which you have paid but your access to the Content Subscription will not renew at the end of that Subscription Period. If you cancel part way through a Subscription Period you will not receive a refund in respect of the remainder of that Subscription Period.
If you have any questions or complaints about the Content Subscription, please contact us. You can email or write to us at the addresses listed above.
We are under a legal duty to supply products that are in conformity with these Terms. See the box below for a summary of your key legal rights in relation to the Content Subscriptions. 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.
As the Content Subscriptions constitute digital content, the following provisions of the Consumer Rights Act 2015 will apply:
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 cannot be fixed, or if it hasn’t been fixed within a reasonable amount of time and without significant inconvenience, you can get some or all of your money back; and
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.
The provisions of this paragraph 5 shall only apply in the event that you place an order to purchase a Content Subscription from us. If you do not at any time purchase a Content Subscription from us, the remainder of these Terms shall apply to your use of the JFL Service with the exception of this paragraph 5.
ACCEPTABLE USE POLICY
You may use the JFL Service only for lawful purposes. You may not use the JFL Service:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
not to reproduce, duplicate, copy or re-sell any part of the JFL Service in contravention of the provisions of these Terms; and
not to access without authority, interfere with, damage or disrupt:
any part of the JFL Service;
any equipment or network on which any of the JFL Service is stored;
any software used in the provision of the JFL Service; or
any equipment or network or software owned or used by any third party.
AVAILABILITY OF THE JFL SERVICE
We do not guarantee that the JFL Service, or any content on any of the JFL Service, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the JFL Service for business and operational reasons, or if you breach these Terms.
We will not be liable to you if for any reason any of the JFL Service is unavailable at any time or for any period or if your location is unavailable on any of the JFL Service. You are responsible for obtaining the data network access necessary to use the JFL Service.
We may update and change the JFL Service from time to time to reflect changes to our users' needs and our business priorities, to improve performance, enhance functionality, reflect changes to the operating systems or address security issues. If you choose not to install such updates when such updates are made available in respect of the App or if you opt out of automatic updates to the App, you may not be able to continue using our App.
The JFL Service require an active broadband internet connection or mobile network connection. The App requires an Android or iOS compatible device.
YOUR ACCOUNT DETAILS AND INFORMATION YOU PROVIDE TO US
If you wish to register on the JFL Service then we require you to provide us with certain personal information relating to you, including your email address.
If you choose, or you are provided with, a user log-in name, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Whenever you make use of a feature of any of the JFL Service that allows you to submit information to us for use in the JFL Service, you warrant that: (i) all such information is true, accurate and not misleading; and (ii) we have the right to rely on that information and include it (at our discretion) in the JFL Service.
SUITABILITY AND ACCURACY OF CONTENT ON THE JFL SERVICE
The content on the JFL Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the JFL Service.
Although we make reasonable efforts to update the information on the JFL Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
If you wish to complain about information or materials on any of the JFL Service, please contact us on the email address set out in these Terms.
We do not guarantee that the JFL Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, mobile devices and other platforms to access the JFL Service. You should use your own virus protection software.
You must not misuse any of the JFL Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of the JFL Service, the servers on which any part of the JFL Service is stored or any server, computer or database connected to the JFL Service. You must not attack any of the JFL Service via a denial-of-service attack or a distributed denial-of service attack. In the event of your breach of this provision of these Terms, your right to use the JFL Service will cease immediately.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the JFL Service, and in all material published on them. We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the JFL Service and all material published on it on your personal device, in each case solely for your personal and non-commercial use. All other rights are reserved to us.
You agree that: (i) you shall not modify any of the materials you have downloaded in any way; (ii) you shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or out of the context in which it is posted on the relevant part of the JFL Service; (iii) you shall not make any adverse or derogatory comments about us or the JFL Service and you shall not do anything which shall, or may, bring us or the JFL Service into disrepute or harm our reputation in any way; (iv) our status (and that of any identified contributors) as the authors of the content on the JFL Service must always be acknowledged; and (v) you must not use any part of the JFL Service for commercial purposes without obtaining a licence to do so from us or our licensors.
THIRD PARTY LINKS
We may from time to time provide links to third party websites, apps or platforms as part of the JFL Service. We have no control over the third party websites, apps or platforms and accept no liability for any statements, information, content, products or services that are published on or may be accessible from those third party websites, apps or platforms. It is of utmost importance that you thoroughly check all information provided on the third party websites, apps or platforms before you commit to procuring any goods or services.
LINKING TO THE WEBSITE
You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
LIMITATION OF OUR LIABILITY
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
THE JFL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE JFL SERVICE OR ANY CONTENT ON THEM, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES PROVIDED THROUGH THE JFL SERVICE OR OF THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY SERVICE PROVIDER).
WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
USE OF, OR INABILITY TO USE, ANY OR ALL OF THE JFL SERVICE;
USE OF, OR RELIANCE ON, ANY CONTENT DISPLAYED ON ANY PART OF THE JFL SERVICE;
ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER;
ANY FAILURE IN PERFORMANCE FOR CAUSES BEYOND OUR CONTROL; OR
14.3.5 YOUR CONNECTING TO ANY LINKED THIRD PARTY WEBSITES, APPS OR PLATFORMS OR ANY STATEMENTS, INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE PUBLISHED ON, OR MAY BE ACCESSIBLE FROM, ANY LINKED THIRD PARTY WEBSITE, APP OR PLATFORM.
IN ADDITION, WE HAVE NO LIABILITY TO YOU FOR ANY:
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES;
14.4.2 LOSS OF PROFIT, LOSS OF DATA, PERSONAL INJURY (NOT ARISING FROM OUR NEGLIGENCE) OR PROPERTY DAMAGE RELATED TO THE JFL SERVICE OR ANY SERVICES PROVIDED BY SERVICE PROVIDERS; OR
14.4.3 LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE JFL SERVICE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Each paragraph (and sub-paragraph) of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.
These terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use any of the JFL Service, please check these Terms to ensure you understand the Terms that apply at that time.
LAST UPDATED: SEPTEMBER 2020