Terms of Service
About Us
Company details. Be Victorious Fitness Ltd (company number 11227816) (We and Us) is a company registered in England and Wales and our registered office is at c/o Glenville Walker and Partners, Suite 26, Century Building, Tower Street, Brunswick Business Park, Liverpool, L3 4BJ. We operate the website www.bevictoriousfitness.com.
Contacting Us. To contact Us, email Our customer service team at [email protected].
Contacting You. We may contact You by email.
What These Terms of Service Cover
These terms and conditions of service (Terms of Service) which together with Our Terms of Website Use, Website Privacy Policy, App Privacy Policy, Website Acceptable Use Policy and End User Licence Agreement (EULA) set out the terms (Terms) on which We provide access to You (“You”, “Your”) to Our website www.bevictoriousfitness.com (Website) and Our mobile software application through which You access the Service (App).
The App provides You with access to bespoke personal training programs (Programs) provided by experienced personal trainers (Personal Trainers) on Your iPhone 6s, iPhone 6s Plus or later iPhone version device with an iOS 12 operating system or a later version of that operating system (Service).
You can subscribe to Our Services by creating an account on the Website where You will be directed to download the App from the Apple App Store (App Store) or by going directly to the App Store and downloading the App (Subscription).
By making a Subscription You;
- warrant that You are legally capable of entering into binding contracts and that You are at least 18 years old;
- agree to be bound by these Terms of Service;
- agree to be bound by the Apple Media Services Terms and Conditions and
- acknowledge We may amend these Terms of Service from time to time and without prior notice to You.
These Terms of Service are only available in English language.
Our Services
Any descriptions or illustrations of the Services on Our Website and/or the App are published for the sole purpose of giving an understanding of the Services and do not form part of these Terms of Service.
Use of the App
The App is made available to You subject to You entering in the EULA.
We do not guarantee that the App, or any content on it, will be available at all times or be uninterrupted, error free or accurate.
We may suspend, withdraw, discontinue or change access to or all or any part of the App or content on it without notice.
You are responsible for making all arrangements necessary for You to have access to the App.
Free Trial Period
You are entitled to a free trial of the Services for a period of two weeks (Free Trial Period).
You may cancel Your Free Trial Period without charge at any time during the Free Trial Period.
Following Your Free Trial Period as described in Clause 5 below, You will automatically be enrolled in a rolling monthly renewing Subscription.
Any unused period of time within the Free Trial Period will be forfeited at the point You pay Your Subscription and cannot be used in the future.
You shall not subscribe to for a further Free Trial Period and You will be charged one month’s Subscription Fee if You attempt to do so.
Subscription Price
You must pay a monthly Subscription (Subscription Period) to continue to use of the Services after the Free Trial Period.
Monthly Subscriptions are $11.99 if You are located in the USA, £9.99 if You are located in the United Kingdom, or €9.99 if You are located in European Union (each a Subscription Fee).
You are not entitled to change Your Subscription or receive a refund of Your Subscription Fees once those Subscription Fees have been authorised.
If We are unable to accept Your Subscription for any reason We will inform You of this by email. Your Subscription will not be processed and if You have already paid for the Services You will be refunded the full amount.
Your Subscription will renew automatically at the same Subscription Fee as You paid for the previous month on the day following Subscription Period unless You expressly give us notice that You do not wish to renew Your Subscription before the end of Your current Subscription Period.
We reserve the right to change the Subscription Fees You pay for future Subscription Periods from time to time (Subscription Fee Variation) and will give You notice of the Subscription Fee Variation prior to Your next Subscription Period.
If You do not accept the Subscription Fee Variation, Your Subscription will automatically be cancelled at the end of Your current Subscription Period.
Payment Methods
Subscription Fees will be charged to Your chosen method of payment that is linked to Your Apple Pay account (Initial Payment Method).
Unless You advise Us otherwise, future Subscription Fees will continue to be charged to Your Initial Payment Method.
Without limitation to Our other rights and remedies, We reserve the right to suspend Your access to the Services and the Website if Your Subscription Fees are not processed for any reason [or the personal information provided by You is inaccurate or incomplete] until payment is made in full or You provide the accurate or complete information required.
Promotions
In addition to the Free Trial Period, We may offer promotions, discounts or other offers (Subscription Incentives) through the Website or third parties from time to time.
Subscription Incentives offered through third parties may also be subject to third party terms and conditions (Third Party Terms) in addition to these Terms of Service and You acknowledge and agree it is Your responsibility to read and understand the Third Party Terms, these Terms of Service and understand the period to which the Subscription Incentive relates (Subscription Incentive Period) before accepting a Subscription Incentive.
Subscription Incentives will automatically become a Subscription on the day following the end of the Subscription Incentive Period unless You cancel the Subscription Incentive before the end of the Subscription Incentive Period and therefore You will be charged a Subscription Fee.
Cancelling Your Subscription
If Your Subscription was paid on the App Store You must cancel Your Subscription through Apple Subscriptions.
You will be able to access the Services for the Subscription period You have paid for after You cancel Your Subscription.
We reserve the right to de-activate Your Account and end Your Subscription without notice to You at the end of the Subscription Period.
Terminating Your Subscription
We reserve the right to terminate Your Subscription at any time at Our sole discretion if You have breached these Terms of Service or if We have reasonable belief that You have, are or may attempt to facilitate access to the Services to a third party who has not paid a Subscription.
Your Obligations
It is Your responsibility to provide us with such information as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
If our ability to perform the Services is prevented or delayed by any failure by You to fulfil any obligation listed in clause 11.1 (Your Default):
- We will be entitled to suspend performance of the Services until You remedy Your Default and where You do not remedy Your Default within a reasonable period of time You acknowledge and agree that We shall be entitled to terminate these Terms of Service without notice to You (Termination); and
- We will not be responsible for any direct or indirect costs or losses You incur from Our failure or delay to provide the Services.
Intellectual Property Rights
All intellectual property rights in the Website and the App are owned by Us and any intellectual property rights arising out of or in connection with the Services will be owned by Us.
How We May Use Your Personal Information
We will use any personal information You provide to Us to:
provide the Services;
process Your payment for the Services; and
inform You about similar services that We provide, but You may stop receiving these at any time by contacting Us.
We will process Your personal information in accordance with our Website privacy policy and/or App privacy policy.
Limitation of Liability: Your Attention Is Particularly Drawn to this Clause.
Nothing in these Terms of Service limits or excludes Our liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability which may not be excluded or limited by law.
Subject to clause 14.1, under no circumstances will We be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Website, the App or the Services (including inability to use the App or the Website) or any services provided by third parties in relation to Your payment of Your Subscription Fees for:
any unavailability or disruption of access to the Website and/or App;
use of or reliance on any content displayed on the Website or the App;
loss of use or corruption of data, information or software;
loss of profits, sales, business or revenue;
loss of business opportunity;
loss of anticipated savings
loss of or damage to goodwill; or
any indirect or consequential loss.
Subject to clause 14.1, Our total liability to You arising under or in connection with the Website, the App sand the Services whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the Subscription Fees that You paid.
This clause 14 will survive termination of the Contract.
Termination for Your Breach of These Terms of Service
Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate these Terms of Service with immediate effect and without written notice to You if You breach of any term of the Terms or fail to pay any amount due under these Terms of Service on the due date for payment.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If the Event Outside Our Control continues for more than 14 days We may terminate these Terms of Service upon notice to You.
We reserve the right to vary these Terms of Service by giving notice to You.
We may transfer Our rights and obligations under these Terms of Service to another organisation.
You need Our consent to transfer Your rights to someone else.
These Terms of Service are between You and Us. No other person shall have any rights to enforce any of the Terms of Service.
Each of the paragraphs of these Terms of Service operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We do not insist immediately that You do anything You are required to do under these Terms of Service, or if We delay in taking steps against You in respect of You breaching these Terms of Service, 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 Services, We can still require You to make the payment at a later date.
These Terms of Service are governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to all disputes arising out of or in connection with these Terms of Service.
