1. BOOKINGS AND SERVICE PROVIDER SERVICES
The Site provides you with information about, and the ability to book and pay for, various Service Provider Services.
Once registered as a User, you may view information regarding the Service Provider Services and make a Booking for Service Provider Services using the Site.
You are solely responsible for considering whether, and ensuring that, you are sufficiently fit and healthy to take advantage of the Service Provider Services you book using the Site. You are also solely responsible for ensuring that any people that you invite to train with you are sufficiently fit and healthy to take advantage of the Service Provider Services you book using the Site.
All Bookings are subject to change by us or our Partners.
In order to remind you of your Booking at a later date, you may receive emails and/or SMS messages from BodyPro, or our booking provider’s, notifications. Once your Booking has been confirmed: we ask you to attend the Booking at the Appointment Time. Your Booking will not be valid for any Service Provider other than the Service Provider we have allocated to you in accordance with this clause, any other Service Provider Service, or any other date or time. If you want to cancel your Booking, section 3 applies.
Sometimes the Service Provider who has been allocated to your Booking will need to cancel. You agree that we have no responsibility for any cancellation of a Booking by a Service Provider. However, we will communicate any such cancellation to you and we will not charge you for the Booking.
While we make an effort to ensure that information displayed on the Site about Service Providers and Service Provider Services is accurate, this information is provided by the relevant Service Provider and is and remains their responsibility. BodyPro does not take responsibility for this material or its accuracy. BodyPro may also (but is not obliged to) carry out background checks in respect of Service Providers and/or take steps to verify that Service Providers have the licences, consents, qualifications and insurances that they are required to have under applicable laws, regulations and professional rules or that they are stated on the Site as having.
You agree that each Booking is an agreement between you and the Service Provider. BodyPro is not a party to such agreement and provides no guarantee in relation to the Service Provider’s performance of any Booking. Accordingly, you acknowledge that the Service Provider (and not BodyPro) is responsible for:
the performance and quality of the Service Provider Services (including any equipment or advice provided by the Service Provider during a Booking);
obtaining all licences, consents, qualifications and insurances that they are required to have under applicable laws, regulations and professional rules or that they are stated on the Site as having; and
complying with all applicable laws, regulations and professional rules in connection with the Service Provider Services.
However, you have certain rights by law in respect of your receipt of Service Provider Services, including that the Service Provider will provide the Service Provider Services to a reasonable standard. You agree:
to provide relevant information relating to your health and fitness and the health and fitness of any person who you invite to train with you where such information is requested by the Service Provider before commencement of or during the provision of the Service Provider Services; and
that you are responsible for wearing suitable clothing, bringing water and keeping yourself suitably hydrated during each Booking and for ensuring that any person who you invite to train with you also does so.
You also agree that you shall not (and shall not encourage any person who you invite to train with you to):
contact a Service Provider for any reason (including to book another session with that Service Provider outside of the App) after a Booking has completed, except by making another Booking with that Service Provider using the Site ONLY or with our prior written consent (which we may withhold at our sole discretion); or
engage or attempt to engage any Service Provider to provide services (other than by making a Booking using the Site ONLY).
2. PRICES AND PAYMENT
The Service Fee for any individual Service Provider Service is as stated on the Site at the time you place your Booking, except in the case of obvious error. The Service Fee is inclusive of UK VAT.
We try to ensure that all prices on our Site are accurate but errors may occur. If we discover an error in the Service Fee we will inform you as soon as possible and give you the option of reconfirming your Booking at the correct price or cancelling it. If you cancel no payment will be taken from you.
You confirm that any card or payment account you use to make a Booking is yours or that you have authorisation from the owner of the card or payment account to make such payment. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. You agree that payment pre-authorisation checks may be carried out on our behalf in respect of an amount equal to the Service Fee when you make a Booking. If the issuer of the card or provider of the payment service which you are using refuses to authorise payment we will not accept your Booking (or if already accepted, we will give you notice that your Booking is cancelled) and we will not be responsible for any delay or non-performance of the Service Provider Services.
Unless you cancel a Booking in accordance with Section 3, the Service Fee and/or Cancellation Fee will be debited from your account upon or shortly after the Appointment Time (or if earlier, when you cancel the Booking).
We are not responsible for your card issuer, bank or payment service provider charging you as a result of our processing of payments from you in accordance with these Terms.
3. CANCELLATION OF BOOKINGS AND REFUNDS
You have the right to cancel a Booking request any time until you have confirmed a booking with a Service Provider.
Once a Booking request has been confirmed, you acknowledge that you do not have the right to cancel a Booking under statutory regulation. However, you are entitled to cancel Bookings in accordance with this following clause. If you change your mind about your Booking prior to the Appointment Time then you may cancel your Booking without making payment of the Service Fee or any Cancellation Fee provided that you cancel the Booking via the Site at least twenty four (24) hours prior to the start time of your Booking. If you make a booking within twenty four (24) hours prior to the start time of you Booking this clause still applies.
If you use the Site to cancel a Booking within twenty four (24) hours of the start time of your Booking we will charge you 100% of the Service Fee (such amount being inclusive of VAT) ("Cancellation Fee" as stated in Clause 2 above).
You will be charged the Service Fee, plus VAT if you:
cancel a Booking other than as permitted under Section 3; or
attempt to cancel a Booking on or after the Appointment Time; or
fail to attend a Booking at the Appointment Time and/or at the correct location.
We charge Cancellation Fees and Service Fees to compensate the Service Provider, because the Service Provider is unlikely to be able to make another Booking where you cancel with short or no notice.
We may waive our rights under Section 3 in our sole discretion where you have been unable to cancel a Booking without incurring the Cancellation Fee or Service Fee for genuine reasons which were outside of your control. Please contact us if this is the case.
If you attempt to attend a Booking at the relevant Appointment Time but the Service Provider has entered administration, insolvency, bankruptcy (or any similar situation which affects the Service Provider’s ability to provide the Service Provider Services) or is no longer in business, or if the Service Provider is not available to provide the Service Provider Services at the Appointment Time, we will provide you with a refund for the Service Fee on request.
4. CANCELLATIONS AND REFUNDS OF PACKAGES
Purchases for packages cannot be refunded, except in the following circumstances:
if your booking requests are outside of our service area, we are currently [providing]; or
if the Service Provider has entered administration, insolvency, bankruptcy (or any similar situation which affects the Service Provider’s ability to provide the Service Provider Services) or is no longer in business, or if the Service Provider is not available to provide the Service Provider Services
We will usually refund any money received from you using the same payment method originally used by you to pay for your purchase.
5. RATINGS, COMMENTS, COMPLAINTS, FEEDBACK AND SUBMISSIONS
After the Appointment Time for a Booking, you may be invited to provide a rating and add comments in relation to your experience of the Service Provider Service. You may also provide feedback or raise any complaints in relation to a Service Provider or Service Provider Services by contacting us. We will attempt to resolve any complaints but do not guarantee that we will be able to do so. If possible, please raise any complaints within 24 hours of the Booking so that we can investigate the nature of your complaint in the best possible way.
You agree that:
we may use your rating for a Service Provider to calculate and publish an average rating for that Service Provider.
The Website may also enable you to upload other material onto the Website, such as links, comments, photos and articles (such material, except where it is provided by a Service Provider, shall be referred to as "Submissions". Any such material which is provided by a Service Provider is subject to the Service Provider Terms rather than these Terms).
By making any Submission via the Website, you grant us the right to use such Submission at our own discretion in any media including, without limitation, to edit, copy, reproduce, display, disclose, post and remove such Submissions from the App and/or Website. BodyPro is under no obligation to display your Submissions on the Website and reserves the right to remove, edit or adapt your Submissions at any time and for any reason. Where other Users post Submissions on the Website, such material remains the responsibility of the User who posted them and BodyPro takes no responsibility for the accuracy or otherwise of such material.
6. COMPETITIONS AND PROMOTIONAL OFFERS
From time to time we may offer you the chance to enter competitions or take up certain promotional offers. We will alert you to any additional terms which apply to such competitions or promotions at the relevant time.
You acknowledge that we have limited control over the nature and content of Submissions uploaded by you and other Users.
You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the Courts.
We reserve the right to suspend, restrict or terminate your access to the Website and Services at any time without telling you if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
We accept liability for death or personal injury caused by our negligence or that of our employees and agents, however not from the negligence of our Service Providers. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such breach, up to a maximum of the greater of the amount paid by you to us for Bookings you have made in the twelve (12) months prior to any such loss being incurred by you, or five hundred pounds sterling (£500). Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms.
You agree that BodyPro will not be liable to you and/or any third party for or in connection with:
llosses not caused by our breach of these Terms;
any consequential or incidental losses which are a side effect of the main loss or damage and are not reasonably foreseeable by you and us at the time of entering into these Terms, for example: loss of business, profits, opportunity, income or revenue;
failure to provide the BodyPro Site or Service or to meet any of our obligations under these Terms where such failure is due to Events Beyond Our Control;
temporary or permanent suspension, removal or modification of the BodyPro Site or Service; or
the performance or non-performance of the Service Provider Services by the Service Provider, or matters which are the responsibility of the Service Provider, including the standard and quality at which the Service Provider Services are performed, any equipment or advice provided by the Service Provider, the Service Provider’s compliance with applicable laws, regulations and professional rules, and the Service Provider’s responsibility for obtaining and maintaining licences, consents, insurances and qualifications.
We may terminate our agreement with you (as set out in these Terms) immediately by written notice to you for any reason at any time if you breach any term of these Terms. You may terminate your agreement with us (as set out in these Terms) immediately at any time by closing your account and ceasing to use the Website.
On termination for any reason:
all rights granted to you under these Terms shall cease;
if you have not already done so, we will close your account and you must immediately cease all activities authorised by these Terms, including your use of the Site and Services; and
if you have not already done so, you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and if requested, certify to us that you have done so; and
any amounts due from you in respect of Bookings shall remain due and payable in accordance with Sections 2 and/or 3 as applicable. If we terminate under Section 8, we will cancel any Bookings where the Appointment Time falls on or after the termination date. If you terminate under Section 7, you are responsible for cancelling any Bookings where the Appointment Time falls on or after the termination date, in accordance with Section 3. If you fail to do so, you may be required to pay Service Fees, as stated in Section 3.
9. NOTIFYING EACH OTHER
If we need to notify you of any matter in relation to these Terms, we will do so by email to the email address which you gave when registering (or any updated address provided by you via the "Edit My Profile" function). If you need to notify us of any matter you should contact us.
10. TRANSFER OF THIS AGREEMENT
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that:
this will not adversely affect the standard of the BodyPro Service you receive under these Terms; and
in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
These Terms are personal to you. Except as stated in Section 9, you may not transfer any of your rights or obligations under these Terms to anyone else.
11. LAW APPLYING TO THIS AGREEMENT
If you wish to take court proceedings against us you must do so within England. The laws of England and Wales will apply to any dispute between BodyPro and you in relation to these Terms, and between you and a Service Provider in relation to a Booking, the Service Provider and/or Service Provider Services.
These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms as set out above. If any term is disallowed or found to be invalid by any court or regulator, the other provisions of these Terms shall continue to apply. Headings in these Terms are for convenience only and will have no legal meaning or effect.