TERMS AND CONDITIONS | WORKOUT ON THE MOVE

UPDATED 1st MAY 2020

WORKOUT ON THE MOVE - TERMS AND CONDITIONS OF USE

BACKGROUND
THE AGREEMENT
INTERPRETATION
SUBSCRIPTIONS
FREE TRIAL PERIOD
CHANGES TO SERVICES AND SUBSCRIPTIONS
BILLING, PAYMENTS AND CANCELLATION
PRICE CHANGES
EXERCISING WITHIN LIMITS
YOUR RESPONSIBILITIES
ADULT CONTENT AND EXPLICIT MUSIC
DEVICE USE
INTELLECTUAL PROPERTY
ACCOUNT ACCESS AND SECURITY
PRIVACY
OUR LIABILITY
COMPLAINTS AND CUSTOMER SERVICE
USAGE ASSISTANCE
CHANGES TO THIS AGREEMENT

BACKGROUND

Workout On The Move is a virtual product of Workout Away Ltd. Workout Away Ltd is registered in the UK - Company number 11421794.

Workout On The Move (WOTM) is a subscription-based fitness class service, and this agreement applies to our website, classes, live-streaming services, apps and all social media channels.

2. THE AGREEMENT

This agreement is between Workout Away and the WOTM service user.
The agreement is effective immediately following the purchase of a WOTM subscription plan.
The agreement remains effective until the subscription has been cancelled and our rights to our intellectual property remain effective indefinitely.
By using any WOTM service through any streaming channel, this agreement applies.
Ensure that you read this agreement thoroughly and if you don’t agree with any aspect, please do not become a member, purchase a subscription or use any of our services.

3. INTERPRETATION

Us/we - Workout Away Ltd
WOTM - Workout On the Move
You/the user/subscription holder/member - The individual that has purchased a WOTM subscription
Content/service - Any exercise class, tutorial, live stream or social media release
Platform - Our streaming services through our website, social media channels or via an application

4. SUBSCRIPTIONS

To become a user of our services, you will need to become a site member and then purchase a subscription plan.
To purchase a subscription, you must be over 18 years of age.
You will need to provide a valid payment method which we will continue to charge until the subscription is cancelled.
We require 30-days notice of cancellation. You may continue using our services until the end of the period that your last payment covers even after notice of termination.
We may offer a trial period. Please check any offers available at the time.
During the period of your subscription, we grant you limited usage of our content which must be streamed. You are not able to download any content, and you have no rights to any content produced by us. None of our licences will be transferred to you as part of your subscription.
You are not able to reproduce, resell or reuse any content found on WOTM or any of our channels.
WOTM is intended for personal use only. You may not use any of our content commercially or in a public place.
You can manage all aspects of your subscription in the “my account” section of our site.

5. FREE TRIAL PERIOD

From time to time, we may offer free trial periods, this entirely at our discretion.
To benefit from a free trial period, you must first provide a payment method. This payment method will automatically be charged following the free trial period.
This entire agreement applies during a free trial period.
You may cancel your subscription during a free trial period.
You must not misuse the free trial period by registering more than once.

6. CHANGES TO SERVICES, SUBSCRIPTIONS, CONTENT AND SUBSCRIPTION FEES

We can make changes to our services at any time. This includes the addition and removal of content. We can make reasonable changes without prior notice.
You will be advised of any changes to monthly subscription costs at least 30-days prior to any changes being implemented. You will then have the right to cancel if you do not wish for your service to continue.
Where possible, we will ensure that any changes made will not limit your ability to use our platforms or services.
We are able to change the terms of this agreement. Our members will be notified of any significant changes at least 30-days in advance.

7. BILLING, PAYMENTS AND CANCELLATION

You will be billed every month from the date that you paid subscription became active. For example, If you subscribed to use our services on the 10th of the month. You will continue to be billed on the 10th of each month that follows. This will continue until the subscription is cancelled.
If any of your payments are declined, your service with us will terminate immediately. You will then be able to re-start your services at any time, but this may be at an increased price.
Your subscription will continue to auto-renew unless cancelled. You will be charged the same amount unless we notify you of a price increase at least 30-days before your renewal date.
All subscriptions must be paid for in GBP. If you are using a payment method which is not in GBP, you may be charged exchange fees or charges imposed by your bank or provider. We are not responsible for any of these charges.

8. PRICE CHANGES

We reserve the right to make changes to our pricing at any time, and this includes increasing our subscription costs.
If we plan to increase subscription costs, we will notify you at least 30-days in advance. You will then be able to cancel your subscription with us if you no longer wish to use our services.
If we do not hear from you, we will proceed in collecting payment at the increased rates.

9. EXERCISING WITHIN LIMITS

Before using any WOTM service, consult your doctor who must approve your readiness to exercise.
Do not use our services or take part in any of our classes if you have a history of joint pain, chest pain, spinal problems, or conditions or injuries that limit your ability or readiness to exercise.
If you feel at any time, that you are exercising outside of your abilities or physical limits, or if you experience any pain soreness or discomfort in your muscles, chest or joints, you must stop exercising immediately.
If you become dizzy, faint, lightheaded or nauseous while participating in one of our classes, you must stop exercising immediately.
If you experience any of the above, you must seek medical clearance from your GP before exercising again.
We do not provide any medical advice whatsoever. Our workouts do not grantee any kind of specific results. We do not provide personalised workout plans or advice relating to diet.
If you are prone to seizures, do not take part in our workouts as some of them may feature flashing lights.
You are responsible for exercising within your physical capabilities. You accept all risks involved in taking part in any exercise class which includes injury, serious injury or even death.
More information relating to our liability can be found in section 16.

10. YOUR RESPONSIBILITIES

It is strictly prohibited to share any of our content with third parties. Our content is intended for use by the subscription holder only.

You must not:

Make copies of any of our classes or content.
Broadcast or publish any of our classes or content on any platform
Distribute, disassemble or resell any of our classes or content.
Share access to your account with any third parties, including other individuals.
Manipulate, alter or reduce the quality of any of our classes or content.
Broadcast or use our classes or content in any commercial environment including a fitness facility.

You must:

Use adequate virus protection software to protect your personal IT systems.
Ensure that the area in which you’ve chosen to participate in our classes is safe and free from trip, slip or fall hazards that may cause injury.
Follow all instructions and directions provided by us concerning WOTM, our classes, exercise instruction and usage of our services.
Continue to pay your subscription fees until you wish to cancel your subscription.
Use our classes and content for their intended purposes.
Use our classes and content for personal, non-commercial use.
Ensure that any other persons that you hold a responsibility to meet the responsibilities outlined in these terms and conditions.

11. ADULT CONTENT AND EXPLICIT MUSIC

All users must be over 18 years of age.
When selecting our music, we try to avoid tracks that are explicit or include swearing. Some tracks may include explicit content or swearing.
We do not intend to cause offence through our use of music or exercise instruction.

12. DEVICE USE

Our content is designed to be streamed from the most popular devices.
Content is best viewed on larger devices such as laptops or tablets.
We can not guarantee that our content will be compatible with all devices. If you have any issues relating to the functionality of our service that you believe to be our responsibility, you can contact us for support.
We do not take responsibility for any costs incurred in viewing our content. You must ensure that your data or wifi plan is adequate for streaming services.
We are not responsible for any costs incurred in using our services when data roaming or travelling outside of your normal data service area.
We do not cover any costs relating to electricity or other energy sources.

13. INTELLECTUAL PROPERTY

Our classes and our content are protected by copyright laws. By subscribing, we do not transfer you any rights to our classes or content.
You may not reproduce, resell or reuse any content found on WOTM or any of our channels.
You may not tamper, deconstruct or alter any of our productions, classes or other content.
You are not permitted to redistribute any of our classes or content via any channel, including social media, email or any data transfer facility.
You have no intellectual property rights over any of our content whatsoever.
All of our music is licensed to Workout Away Ltd and is protected by copyright laws.
Our intellectual property rights extend to our music, exercise instruction and workout plans.
Our company logo and trademarks are not permitted to be reused under any circumstances as part of this agreement.
In cases of copyright infringement, as a result of a breach of this agreement, we will attempt to prosecute to the full extent of the law.

14. ACCOUNT ACCESS AND SECURITY

Subscription holders will be granted unlimited access to products and services that are included in their subscription.
You must not share access codes with third parties.
Your account is for your personal use only. You must not allow any third parties to access your account.
If you have any reason to believe that your account security has been compromised, then you must change your password immediately and inform us at info@workoutaway.com if you believe that your account has been misused.

15. PRIVACY

ALL WOTM SUBSCRIPTION HOLDERS ARE COVERED BY THE WORKOUT AWAY LTD PRIVACY POLICY. A DETAILED COPY OF THE POLICY CAN BE FOUND HERE. https://7e3c56e2-cb69-46d8-bedb-fb3ef2d2b84a.filesusr.com/ugd/df9cb5_22885a555c034351b37a27137c4a9615.pdf

16. OUR LIABILITY

We are not responsible for any event that results as a consequence of the misuse of WOTM.
We are not responsible for any interruption to your service as a result of your IT systems, technology or internet connection.
We are not responsible for any interruption to your service resulting from an unforeseen event. We will, however, re-instate service as soon as practically possible.
We are not responsible if you purchase a WOTM subscription knowing that our products and services are not compatible with your devices.
We are not responsible for any system bugs or IT viruses that manifest as a result of your WOTM product use.
We will accept liability for any death or personal injury that has occurred as a result of a proven case of negligence on our behalf.

17. COMPLAINTS AND CUSTOMER SERVICE

Please direct all complaints and service enquiries to info@workoutaway.com. We aim to respond within five working days.

18. USAGE ASSISTANCE

Please contact info@workoutaway.com for usage assistance.

19. CHANGES TO SERVICES, SUBSCRIPTIONS, CONTENT AND SUBSCRIPTION FEES

We can make changes to our services at any time. This includes the addition and removal of content. We can make reasonable changes without prior notice.
You will be advised of any changes to monthly subscription costs at least 30-days prior to any changes being implemented. You will then have the right to cancel if you do not wish for your service to continue.
Where possible, we will ensure that any changes made will not limit your ability to use our platforms or services.
We are able to change the terms of this agreement. Our members will be notified of any significant changes at least 30-days in advance.

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