THE ZENITH FIT TERMS OF BUSINESS FOR THE SALE OF FITNESS AND NUTRITION PLANS IN THE UK

 

INTRODUCTION

 

• These are the Terms of Business which govern sales of fitness and nutrition programs from Zenith Fit Ltd.
• They should be read in conjunction with our website and our privacy policy.
• This constitutes a legal agreement between Zenith Fit Ltd and you. Please read it carefully.
• Please note that we do not provide medical advice. When following our programs you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
• The program are not appropriate for you if you have any of the conditions or illnesses listed in clause 7.2 below, or if you are under 18.

1. INFORMATION ABOUT HOW TO CONTACT US

1.1 Who we are. Zenith Fit Ltd is a fitness business in Mid Wales.

1.2 How to contact us. You can contact Zenith Fit by email on  info@zenithfit.co.uk or via the website via the live chat link.

1.3 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.

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

2. THE PROGRAM

2.1 Nature of the Program. The program is completely customised to each individual.

2.2 Our ethos. The meals are devised in line with Zenith Fit criteria for sustainability and encourages enjoyment of food for what it is and not being a number to live by.

2.3 Allergies. If you notify us of an allergy or intolerance you will be provided with advice on how to remove or replace most ingredients included in the program.

2.4 Physical training. The training routines contained within the program are completely customised. You will receive details on the exact structure to follow; meaning the duration, repetition, range and amount of sets. This also includes guidance or correct lifting techniques through video links. Due to strength being such an individual consideration, weight on the resistance training section will never be specified and this is something you will have to discover through carrying out the exercises.

2.5 You must submit the correct information. Please ensure you complete your correct age, height and weight on the questionnaire. We need the completed questionnaire before a plan can be created. Once your chosen program begins, you will be in complete control of the results. In order to achieve success with this program you need to stick to it 100%: this includes meal portions, meal timings, training, alcohol consumption and eating out. You will need to submit your updated weight, measurements and pictures via email info@zenithfit.co.uk so that your body composition can be assessed. You are required to notify Zenith Fit Ltd three days before the completion of each phase of the program in order for you to receive the next phase in good time. If we receive these details after 20.00 hours GMT, the timescale will begin the following day. During the interim period between each program you remain as you are on the current one.

2.6 Photos. Please note that we take privacy extremely seriously, and we take all reasonable precautions to ensure that these photos are stored securely. Nevertheless, we recommend that you to anonymize the photos provided to us by, for example, cropping your face (e.g. either taking a photo of your neck down or cropping the image using a photo editing application before you upload it). This will assist us in preserving your privacy should a security breach occur.

2.7 Timing. Once you purchase the program package you have 12 months to complete it. The plan is valid for 12 months from the initial order and needs to be completed within this timeframe. After this time your login details will expire.

3. PLAN SUPPORT

Contact via email info@zenithfit.co.uk or via live chat on the website www.zenithfit.co.uk and reply will be as soon as Zenith Fit is available.

4. KEEP YOUR ACCOUNT DETAILS SAFE

4.1 If you choose, or you are provided with, a user identification code, 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.

4.2 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 of Business.

4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

5. HOW YOU MAY USE MATERIAL WE PROVIDE

5.1. Zenith Fit Ltd is the owner or the licensee of all intellectual property rights in the program and works are protected by copyright laws and treaties around the world. All such rights are reserved.

5.2 You must not use any part of the content of the program for any purpose other than your personal fitness and nutrition.

6. PROVIDING CONTENT

6.1 We will keep your private information confidential. You may provide us with private information, such as health information , as part of your participation. We will take all reasonable precautions to ensure that all such information is stored securely and kept confidential. Please also see our privacy policy.

6.2 We may ask your permission to publish your photos. We may contact you to ask permission to publish the photos. We will always do this in writing, and, if we get your express written approval, you grant us the right to publish those photos, share them with the public and use them in any way whatsoever, including commercial uses, in perpetuity.

7. OUR CONTRACT WITH YOU

7.1 When the contract for a purchase of the program comes in force. When you tick the box confirming that you accept these Terms of Business and agree to making your payment, you are making an offer to purchase the program. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.

7.2 We may refuse to sell a program for medical reasons. Our policy is that we will not provide fitness or nutrition plans if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Plans are not appropriate for pregnant women, children under 18 or adults over 65.

7.3 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.

7.4 Zenith Fit programs are primarily aimed to customers in the UK. We reserve the right to reject any orders  from outside the UK. If we do so, you will be given a full refund.

8. PROVIDING THE PROGRAMS

8.1 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 programs to you. 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 11.2 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 program late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8.2 Reasons we may suspend the supply of programs to you. We may have to suspend the supply of programs to:

(a) deal with technical problems or make minor technical changes; or

(b) update the program to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the programs as requested by you or notified by us to you.

8.3 Your rights if we suspend the supply of Zones. We will contact you in advance to tell you we will be suspending supply of Zones, unless the problem is urgent or an emergency. If we have to suspend the provision of the plan for longer than one week in any 90 day period we will adjust the price so that you do not pay  while it is suspended. You may contact us to end the contract for the Zones if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance in respect of the period after you end the contract.

8.4 We may also suspend supply of the Zones if you do not pay. If you do not pay when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of any elements of the plan until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the plan where you dispute the unpaid invoice (see clause 13.6). We will not charge you for the Zones during the period for which it is suspended. As well as suspending the plan we may also charge you interest on your overdue payments (see clause 13.4).

9. YOUR RIGHTS TO END THE CONTRACT

9.1 Rights and exclusions. You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.

9.2 You can end your contract with us as follows. 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:

(a) If you have just changed your mind about the program (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, as the programs are personalised, once you start to download or stream each or all programs, that part becomes non-refundable. For example, once you have received the first phase of the program, then that phase is non-refundable;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3;

(c) If you are ill or injured and cannot complete a program, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP.

9.3 Ending the contract because of something we have done or are going to do. If:

(a) we have told you about an upcoming change to the programs or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the program you have ordered and you do not wish to proceed;

(c) we have suspended supply of the programs for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a week; or

(d) you have a legal right to end the contract because of something we have done wrong, you may end the contract and we will refund you in full for any part of the program which have not been provided.

10. HOW TO END THE CONTRACT WITH US

10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following:

(a) Email. Email  info@zenithfit.co.uk

(b) Online. Complete the ‘Contact’ form on our website.

10.2 How we will refund you. Where applicable, we will refund you the price you paid for the Plans including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.3 When your refund will be made. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.

11. OUR RIGHT TO END THE CONTRACT

11.1 We may end the contract if you break it. We may end the contract for a plan at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the programs; or

(c) in respect of a plan if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia.

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Plans 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.

12. IF THERE IS A PROBLEM WITH THE PRODUCT

12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us by email info@zenithfit.co.uk or contact us via the website.

12.2 Summary of your legal rights. We are under a legal duty to supply a service that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the programs. Nothing in these Terms of Business 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, such as the programs, must be as described, fit for purpose and of satisfactory quality:

• if your digital content is faulty, you are entitled to a repair or a replacement
• if the fault cannot be fixed, or if it has not 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 have not used reasonable care and skill, you may be entitled to a repair or compensation

13. PRICE AND PAYMENT

13.1 Ways to pay. Goods must be paid for in advance or as agreed by the trainer.

13.2 Where to find the price for programs. The price of the programs will be indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the plan advised to you is correct. However please see clause 13.3 or what happens if we discover an error in the price of the plan you order.

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the programs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the plan’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 plan’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.

13.4 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 4% a year above the base lending rate of Santander UK 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.

13.5  We can charge an admin fee if you pay late. If a payment is cancelled or cannot be taken due to insufficient funds, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, directly into our account or by credit card. If the funds have not been received within five days of the due date, a £15 admin fee will be charged. At this stage, the Plan will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received we reserve the right to pass your details over to our chosen debt collection agency, to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.

13.6 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.

13.7 We are not liable for any charges that your bank may add to transactions.

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

14.1 We do not provide medical advice. When following a fitness or nutrition plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.

14.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, 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.

14.3 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 ; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Plans; and for defective Plans under the Consumer Protection Act 1987.

14.4 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. 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 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.

14.5 We are not liable for business losses. We only supply the Zones for domestic and private use. If you use the Plans 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.

15. HOW WE MAY USE YOUR INFORMATION

15.1 How we will use your personal information. Please ask for Zenith Fit privacy policy.

16. OTHER IMPORTANT TERMS

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.

16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 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.

16.5 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 of Business, 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 programs, we can still require you to make the payment at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the programs in the English courts. If you live in Scotland you can bring legal proceedings in respect of the programs in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the programs in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.

16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.