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Customer Terms and Conditions

 

This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which you use this platform and where relevant purchase MoveCredits (Credits).

These Terms will apply to any contract between us for the sale of Credits to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing any MoveCredits or subscription of MoveCredits from this site. Please note that before purchasing anything you will be asked to agree to these Terms.

If you refuse to accept these Terms, you will not be able to use or purchase anything from us.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in OUR RIGHT TO VARY THESE TERMS below. Every time you wish to purchase anything, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

Summary

The service we offer allows you, as a customer, to use what we call MoveCredits to attend activities offered by Partner activity providers. You may also have a separate contract with the Partner supplying the activities or services (Products) this agreement only relates to those Product(s) purchased using MoveCredits.

When you sign up for a trial, or purchase any plan from Move Technologies you are purchasing MoveCredits and the correct number of MoveCredits required for your advertised deal are automatically added to your account, you don't need to do anything to get them.

Some of our plans are a subscription to MoveCredits. You have the right to opt out of any subscription at any time before your first payment is due, or cancel any existing subscription before your next payment is due, just deactivate your account in your 'My Account' page when logged into your members area. Please see the section within these terms on SUBSCRIPTION as a notice period applies.

We take data protection seriously and ensure that we are compliant with the GDPR. Your personal details will only be used in compliance with our privacy policy here.

INFORMATION ABOUT US

  1. We operate this website. We are Move Technologies Group Ltd ('Move Technologies'), a company registered in England and Wales under company number 13904894 and with our registered office at 11 Laura Place, Bath, BA2 4BL, UK. Our main trading address is Office 142, 3 Edgar Buildings, George Street, Bath, BA12FJ . Our VAT number is 142 2242 57.

  2. We operate a Service which allows third party traders (our Partners) to advertise products, services and activities listed on our website and via our smart phone app from time to time (Product or Products) to consumers. You may enquire about these Products via our website and smart phone app. For details of the relationship between you and our Partners please see clause 4.

  3. We also sell MoveCredits which may be used as a form of payment when you buy Products from our Partners.

  4. We also provide a chat function called BOB on our website or alternative messaging platforms, which provides general information about health, fitness and nutrition (“BOB”).

  5. This contract relates to the sale of MoveCredits by us to you, and your use of other services we provide such as BOB coach chat. It does not relate to the purchase of Products from our Partners. When purchasing Products, please refer to the terms and conditions as provided by our Partners. For clarity all Products are purchased directly with the Partner with MoveCredits used as the payment method.

  6. To contact us, please see the help and support footer on our website.

ABOUT YOU

  1. You may only purchase MoveCredits from our site if you are at least 16 years old (18 years old if paying via PayPal).

  2. MoveCredits are sold to you on the basis that you are a consumer.

1.        MOVECREDITS

1.1      MoveCredits may be purchased from us to be assigned to and redeemed against Products provided by our Partners.

1.2     MoveCredits can be used as payment or partial payment for Products listed in our website.

1.3     You may choose to buy MoveCredits from us either on an 'on-demand' basis or through a monthly subscription (see Subscription Clause).

1.4      In the case that a subscription MoveCredit does not cover the whole cost of a product, you will need to add more MoveCredits to your account using the payment method you have active on your Move account.

1.5      Some Products are only available when purchasing MoveCredits on a subscription basis.

1.6      Your MoveCredits can be gifted to a friend, in order to do this please email team@movegb.com and we will transfer the MoveCredits for you.


2.        TRIAL

2.1      You are limited to one trial of the Service, any subsequent trials you set up for yourself will be considered Invalid Trials, even if you have used a different email address or credentials to activate the account. A trial can be accessed via a number of channels including, but not limited to, a voucher or coupon purchased via a 3rd party provider and/or a free trial or low cost offer from the Website. If you are found to have an Invalid Trial, your account will be deactivated immediately and we reserve the right to charge you for any MoveCredits redeemed during said Invalid Trial. In reference to your consumer rights, including Distance Selling rights, the point of purchase is the start of your trial and use of the service will have been deemed to have occurred if you have logged in to any account (valid or Invalid Trial accounts). For clarity any Invalid Trial accounts that upgrade will not be entitled to a refund.

 

3.        SUBSCRIPTION

3.1      If you opt to buy MoveCredits on a subscription basis you are committing to a contract, the period of which will be shown on signup and in your My Account area. The contract will automatically renew and credit your account with the relevant number of MoveCredits at the beginning of each 4 week period (equivalent value in visits is displayed on the site as "Included Activities/Passes or Free Passes"). If you opt for a MoveGO subscription your payment gives you 1 Taster-MoveCredit per day than can redeemed against any Product labelled as a 'Taster'. You may choose from different subscription packages. Details of the packages including details of prices can be found in the price plans section of our website.

3.2      An initial payment of the first month's subscription fee will be taken from you upon opting for monthly subscription when a Contract will be formed in accordance with this clause. A further subscription fee will be taken from you at regular intervals from the date you joined until you decide to cancel. Subscriptions are offered under different periods, most common are 28, 90 or 365 day billing cycles so the period for which you are billed may vary from these terms based on what you have purchased.

3.3      You will be assigned a number of MoveCredits every 4 weeks (equivalent value in visits is displayed on the site as "Free or Included Activities/Passes") as detailed in your Membership Plan. Your Membership Plan may include full MoveCredits and/or Move TasterCredits (Credits used to purchase promotional Products from Partners, marked as 'Tasters'). All fees are non refundable subject to clauses under the section YOUR CANCELLATION AND REFUND RIGHTS.

3.4      You may terminate your subscription at any time provided that you notify us of your intention to cancel at least 28 days before your next monthly payment is due through the 'Deactivate' option in the My Account section of our website.

3.5      Upon cancelling your subscription, any MoveCredits already purchased and credited to your account shall be lost if not used by the date your account expires and shall not be refundable except for in accordance with the clauses under the section YOUR CANCELLATION AND REFUND RIGHTS.

3.6      You may also change your subscription to a different price plan at any time through the 'View other price plans' option in the My Account section of our website. If you choose to upgrade your subscription you will get access to your upgraded plan immediately. If you choose to downgrade your subscription then you will retain access to all benefits of your current plan until your next renewal date when your downgrade will take effect.

3.7      DESCRIPTION OF OUR PARTNERS SERVICES - WHILE WE MAKE EFFORTS TO ACCURATELY DISPLAY AND DESCRIBE THE SERVICES PROVIDED BY OUR PARTNERS, THESE SERVICES MAY VARY FROM THE DESCRIPTIONS AND IMAGES CONTAINED WITHIN OUR WEBSITE.

3.8      Partner activity providers available to you - Partner activity providers choose to offer access to you to their activities and facilities and may vary any and all activities and prices offered to you as a MoveCredit subscription holder. Availability of venues and activities is displayed to you our webpage or mobile app.

3.9      You are not entitled to a refund should some activity providers change the charge in MoveCredits or remove activities from the platform.

3.10      Fair Usage Policy - a fair usage policy applies to all of our subscriptions. The fair usage policy will vary based on the plan. The Move Lite (1-2 sessions per week) plan includes TasterCredits. It also includes a total of 4 additional sessions per 28 day period across all providers available on this plan. The Move and Move Plus (3+ sessions per week) subscriptions offer the same taster credits access and then 12 additional sessions per 28 day period across providers available on this plan. You're allowed to go over these fair usage allowances by adding additional MoveCredits to your account and redeeming them against the Pay As You Move price shown on the Activity info page. We offer custom membership plans to allow you to get more visits included. To see if one is available on your plan please contact us for more details. This fair usage policy lets us manage the usage of a very small group of the heaviest users on each subscription, to maintain a higher quality of service for all customers and partner activity providers in the community.

3.11      No-Show Penalty - if you have used MoveCredits to book an attendance at a Move Partner Venue and fail to attend the pre-booked session or cancel your booking prior to the booking cancellation window closing, then the Partner may choose to charge you a no show or late cancellation fee.

3.12      Move customers are only entitled to create and use MoveCredits on 1 account at a time, knowingly creating multiple accounts is prohibited and you may be held liable for any resulting costs incurred by Move Technologies.

 

4.        USE OF OUR SITE

4.1      Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms that apply to you.

4.2       In using any Product or Products offered by our Partners on our site you agree that;

    1. use of the Products is at your sole risk, and you assumes such risk;
    2. Move Technologies and our Partners will not have and disclaim any liability, and will be held harmless, for any injury, sickness or death suffered by you in connection with use of the Products;
    3. you waive and release any and all claims you may have against Move Technologies and our Partners in connection with the Products;
    4. Move Technologies and our Partners are not liable for any special, indirect, incidental, punitive, or consequential damages arising out of, relating to, or resulting from your use of the Products;
    5. to the extent any of the waivers, disclaimers, releases, and/or limitations set forth in the foregoing sub-clauses (a) – (d) are limited by applicable law or otherwise not enforceable, Move Technologies' and our Partner's total lability arising out, relating to, or resulting from the User’s use of the Products will not exceed the maximum liability assumed by You pursuant to the End User Agreement; and
    6. any disputes between you and Move Technologies and/or our Partners with respect to the Products will be subject to binding arbitration on an individual basis, and you waive your right to trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

5.        HOW WE USE YOUR PERSONAL INFORMATION

5.1      We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

 

6.        HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

6.1      When you sign up, please take the time to read and check your order at each page of the order process.

6.2      After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below

6.3      We will confirm our acceptance to you by sending you an email that confirms that your Move Membership is active ("Purchase Confirmation"). The Contract between us will only be formed when we or one of our payment processing partners send you the Purchase Confirmation.

 

7.        OUR RIGHT TO VARY THESE TERMS

7.1      We may revise these Terms from time to time including but not limited to:

7.1.1      changes in how we accept payment from you;

7.1.2      the process of how the contract is formed;

7.1.3      expiration of types of MoveCredits;

7.1.4      prices and terms of any subscription you may have with us; and

7.1.5      changes in relevant laws and regulatory requirements.

7.2      Every time you purchase MoveCredits from us, the Terms in force at that time will apply to the Contract between you and us.

7.3      Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7.4      We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

 

8.        MISUSE OF MOVECREDITS

8.1      We reserve the right to be exercised at our absolute discretion to terminate your membership and to close your Account if we reasonably believe you have done any of the following things:

8.1.1      Deliberately made a false statement to us or our Partners regarding the redemption of MoveCredits against Products (for example, claiming not to have attended a gym session when having done so);

8.1.2      Attempted to re-sell your MoveCredits or act in any manner inconsistent with you buying MoveCredits as a consumer;

8.1.3      Acted in an inappropriate or disrespectful manner towards any of our employees or employees of our Partners either in person, over live streamed video, by telephone, via email or chat forums.

8.1.4      Knowingly created more than one account resulting in the issue of MoveCredits on multiple accounts at the same time.

 

9.        EXPIRATION AND TRANSFER OF MOVECREDITS

9.1      "Using MoveCredit" - When you Purchase (book or attend) a Product the relevant MoveCredits are used to pay the Partner for that Product. On using your MoveCredits you will not be able to redeem, refund or exchange these MoveCredits. Note that in some cases the Partner may not redeem the MoveCredits from your Account for some time after you have Purchased their Product. Please alert us if you believe this has occurred using the Contact Us area of the site.

9.2      Expiration of MoveCredits - Your MoveCredits are assigned to your Account at the beginning of the 28 day period and lasts for a period of 28 days only. If you do not Use these MoveCredits within that period they will expire at the end of the period. You will not be entitled to a refund in respect of expired MoveCredit. The exception to this is MoveCredits added to your account outside of your subscription e.g. for Pay As You Go use, which have a three (3) month expiry period.

9.3      In the event that a Product to which MoveCredits have been Assigned is cancelled or postponed or the Partner fails to supply the Product, the MoveCredits in question shall remain valid and shall be treated as though they had not been Assigned to the Product in question.

9.4      Subject to Clause (your rights of cancellation), in the event of you having Assigned MoveCredits to a particular Product and you having not booked or used that Product, it shall be at our sole discretion whether to allow the Store Move Credits to be transferred to an alternative product/service.

 

10.        YOUR CANCELLATION AND REFUND RIGHTS

10.1      If you change your mind on the plan you wanted then we'll gladly help you use the credit on your account to best suit your workout plans so that you don’t waste a penny. Information on how to do this is available in the Help and Support section of our site. Please note crediting your account is not a cash refund. Once your membership is activated, any Credit on your account will remain available to you to spend towards any activities for a period of (Three (3)) months from the date that it is added or the date that your membership started, whichever is later.

10.2      The Consumer Contracts Regulations 2013 provide for a 14 (fourteen) calendar day cooling-off period during which you can change your mind about a purchase and receive a refund of any payments you have already made. However, as Move is a digital service and access to the content and features is made available immediately on purchase, once you have been sent a Purchase Confirmation you cannot change your mind. When you agree to purchase a Move subscription you lose your right to receive a refund for such purchase. This does not affect your right to terminate your subscription under clause 4 of the SUBSCRIPTION section of these Terms.

10.3      You are also not entitled to receive a refund for any MoveCredits that you have purchased. This includes any MoveCredits not spent on Products upon cancelling.

10.4      To end your Contract, please visit the My Account section and select the option to Deactivate Membership. Failing this please contact us via one of the methods listed in the Contact Us section of our website.

10.5      As a consumer, you will always have legal rights in relation to Products for example if they are not as described. These legal rights are not affected by anything in these Terms.

 

11.        RESTRICTIONS

11.1      Certain Products offered by our Partners are subject to minimum or maximum requirements; for example age, health, height or weight. We recommend that you take the time to view the terms and conditions applicable in relation to each Product you purchase so as to avoid disappointment.

 

12.        OUR LIABILITY

12.1      If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

12.2      We refer you to clause 1.4 above. We cannot accept any liability for the actions of our Partners or any breach by them of their terms and conditions of sale which apply to a sale of Products by them to you.

12.3      MoveCredits are sold to you on the basis that you are a consumer. You agree not to use the MoveCredits for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4      We do not in any way exclude or limit our liability for:

        1. death or personal injury caused by our negligence;
        2. fraud or fraudulent misrepresentation.

    12.5 You acknowledge and agree that the information provided by BOB chat service or the Move Team is for general information purposes only. Move Technologies does not provide professional advice (in particular, the information provided does not constitute, medical, health, fitness or nutritional advice, or medical diagnosis or treatment), and you agree not to rely on it as such. If you have any concerns or queries about your health, fitness or diet, you should seek advice from a medical practitioner. To the fullest extent permitted by law, we shall not be liable for any decision taken based on information provided by BOB chat service or the Move Team.
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13.        EVENTS OUTSIDE OUR CONTROL

13.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in the clause below.

13.2      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3      If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

14.        COMMUNICATIONS BETWEEN US

14.1      When we refer, in these Terms, to "in writing", this will include e-mail.

14.2      If you wish to contact us in writing, please see the Contact Us section of our website.

14.3      If you are exercising your right to cancel under clause, please see that clause for how to tell us this.

14.4      If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provided to us in your order.

 

15.        OTHER IMPORTANT TERMS

15.1      We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.2      This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.3      Each of the paragraphs of these Terms operates 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.

15.4      If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.5      Please note that these Terms are governed by English law if you purchased in the UK and the State of New York if you purchased in the US. This means a Contract for the purchase of MoveCredits through our site and via our smart phone app and any dispute or claim arising out of or in connection with it will be governed by English law or New York state law. You and we both agree that the courts of New York for US customers, and England and Wales for UK customers will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.