Terms & Conditions
• These are the Terms of Business which govern the sales of a subscription to The Burpee Guy’s 1-365 Challenge.
• This constitutes a legal agreement between The Burpee Guy Ltd and you so please read it carefully.
• Please note that we do not provide medical or physiotherapy advice. When joining the 1-365 Challenge, be it for one month or the full year, then you must choose your exercise and duration carefully and sensibly. You must take full responsibility for the effects on your body that you may experience along the way. We can provide advice and guidance from our experience of competing in the 1-365 Challenge but you must seek professional medical or physiotherapy advice if you have any doubts.
• A year-long subscription is not appropriate for you if you have any of the conditions or illnesses listed below:
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.
HOW TO CONTACT US
• We are The Burpee Guy Limited, a company incorporated and registered in England and Wales with company number 10571987.
• You can contact us by email to email@example.com or by post at 31 Chatsworth Road, Worthing, West Sussex, BN11 1LY.
• 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.
• The training videos contained within the membership area are pre-recorded. You can follow the videos at its actual pace or follow them at your leisure and in your own time. You will receive details on the exact structure to follow; meaning the duration, repetition, range and amount of sets of each exercise. 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.
• Frequency of Exercise. You should only train once a day and no more. The sets which are part of your own 1-365 Challenge can be used as part of The Burpee Guy training videos or your own exercise routines. However, it is important that you fully understand that this is at your own risk and responsibility.
THE MEAL PLANS
• The meals are strictly what The Burpee Guy adhered to during his own 1-365 Challenge. They are for guidance only and should not be taken as tailored or professional nutritional advice.
• If you notify us of an allergy or intolerance featured within a particular meal then we will help you find an alternative ingredient.
YOUR PERSONAL INFORMATION, VIDEOS AND PHOTOS
• You must submit the correct information. Please ensure you complete your correct age, contact details, and social media platforms. Please also tell us the full story as to why you are taking part in the 1-365 Challenge. In order to achieve success with this challenge you need to fully commit to it. This includes filming and submitting your videos and photos; mental preparation; meal portions; and training.
• By sending in your videos and photos of you taking part in the 1-365 Challenge then you are giving us permission to share these across The Burpee Guy’s social media platforms to help promote your journey and efforts. If you are doing this for charity then this will help you raise money too. Please note that we take privacy extremely seriously. If you don’t wish to have your content shared across social platforms then please refrain from sending them in. However, another option to anonymise your photos is to crop your face (e.g. either taking a photo or filming a video 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.
• We will ask your permission to publish the 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 across The Burpee Guy’s social media platforms to help promote your journey and efforts. If you are doing this for charity then this will help you raise money too.
• Once you purchase a subscription to the 1-365 Challenge you have 12 months to complete it. The Challenge is valid for exactly 12 months from the initial order. After this time your login details will expire.
• 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.
• 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.
• If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
THE MATERIAL WE PROVIDE
• We are the owner or the licensee of all intellectual property rights of the content found within the monthly member benefits. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
• You must not use any part of the content of the monthly benefits for any purpose other than using them to help enhance your 1-365 Challenge efforts.
OUR CONTRACT WITH YOU
• When you agree that you accept these Terms & Conditions and click the ‘SUBMIT & PAY’ button and make your payment, you are making an offer to purchase a subscription to the 1-365 Challenge. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
• We may refuse to sell a subscription for medical reasons. For your own safety, it is our policy that we will not sell a subscription if 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 subscription to the 1-365 Challenge is also not appropriate for pregnant women, children under 18 or adults over 65.
• You must be in good health; the 1-365 Challenge is a serious commitment. 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.
• A subscription to the 1-365 Challenge is available for all countries across the world.
REASONS WE MAY SUSPEND THE SUBSCRIPTION
We may have to suspend subscriptions due to:
– dealing with technical problems or to make minor technical changes
– update the members area to reflect changes in relevant laws and regulatory requirements
• We will contact you in advance to tell you we will be suspending your subscription to the 1-365 Challenge. If we have to suspend the provision of a subscription for longer than one week we will adjust the price for that month so that you do not pay for the duration while it is suspended.
• We may also suspend supply of the subscription 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 subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not charge you for the subscription during the period for which it is suspended.
YOUR RIGHTS TO END THE CONTRACT
• You have the right to end the monthly direct debit by giving one months’ notice.
• If you have just changed your mind about the monthly subscription (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, if you have paid for the annual membership a refund will not be possible.
• If you are ill or injured and can no longer compete in the 1-365 Challenge, you may be able to get a partial refund upon our receipt of a valid medical report from your GP.
HOW TO END THE CONTRACT WITH US
If you are entitled to end the contract with us and wish to do so, please let us know by doing one of the following:
(a) Email firstname.lastname@example.org
(b) Complete the ‘Contact’ form on our website.
(c) Or simply write to us at the address above, including details of when you registered.
OUR RIGHT TO END THE CONTRACT
We may end the contract for an individual’s subscription at any time by writing to you if 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;
IF THERE IS A PROBLEM WITH PRODUCTS
• If you have any questions or complaints about the subscription or the products such as the t-shirts, please contact us by telephoning our customer service team by writing to us email@example.com or 31 Chatsworth Rd, Worthing, West Sussex BN11 1LY, UK.
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:
• 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
PRICE AND PAYMENT
• Goods must be paid for in advance. Subscriptions to the 1-365 Challenge may be paid for by a one-off payment or a 12 month long monthly direct debit.
• The price of the subscription, which includes VAT, will be the price indicated on the order pages when you placed your order.
• If the rate of VAT changes then we will adjust the rate of VAT that you pay, unless you have already paid for the subscription in full.
• We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused, 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 subscription 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.
• 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.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
• We do not provide medical advice. When taking part in the 1-365 Challenge 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.
• 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.
• 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.
• 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.
• We are not liable for business losses. We only supply the subscriptions for domestic and private use. If you use the subscription 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.
HOW WE MAY USE YOUR INFORMATION
OTHER IMPORTANT TERMS
• We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
• 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.
• 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.
• 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.
• 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.
• 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 subscription in the English courts. If you live in Scotland you can bring legal proceedings in respect of the subscriptions in either the Scottish or the English courts.
• 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.