Terms of servicE
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, these are services. Some of these services are completed by us (for example website bookings, payments, consultation). Some of these services are provided by our self-employed trainers (for example personal training).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms or require any changes, please contact us.
1.3 Defined terms. Capitalised words have these meanings in these Terms:
A) Personal Trainer means a third party who provides personal training on a self-employed basis and not as an employee of Purify4life.
B) Booking means a booking for Personal Training made through our website.
C) Personal Training means personal training services booked through our website.
2. Information about us and how to contact us
2.1 Who we are. We are Purify4life Limited a company registered in England and Wales. Our company registration number is 11626315 and our registered office is 65 Etherley Road, London N15 3AL.
2.2 How to contact us. You can contact us by telephoning us on 020 7315 4067 or by writing to us at [email protected] and 65 Etherley Road, London N15 3AL.
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 By placing an order, you confirm you are over 18 years of age.
3.4 If you are under the age of 18 years of age, please ask your parent to place the order on your behalf. The agreement to pay is with the person who gives consent. This must be the same person who fills out the Physical Activity Readiness Questionnaire (PARQ) and makes the payment in full or initial payment and subsequent payments. It will be the person over 18 who signs these terms and conditions that will be responsible for any breach or break of these terms and conditions.
3.5 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Our products
4.1 Our services. You will receive a 30-minute consultation when you place an enquiry on our website. During this consultation, we will discuss with you your goals, what results you want to achieve and more information regarding the Personal Trainer you have picked. All Personal Trainers on our website are self-employed third parties and are not employees of ours.
4.2 Placing your order. After this consultation session is complete, you go to our website https://purify4life.com/ to place your order and purchase your sessions online. This will be your Booking. You can order either block or subscription sessions.
4.3 Our product. Our website provides you with information about and the ability to book and pay for Personal Training. Once you have paid, your Booking is subject to confirmation by us.
4.4 Personal Training. Once your Booking has been confirmed:
A) We will assign you a Personal Trainer and you will be contacted by your Trainer of choice.
B) We ask you to attend your Booking at the scheduled time.
C) Your Booking will only be valid for the Personal Trainer we have assigned you on the date and time (and not for any other Personal Trainer, date or time).
D) If you want to cancel your Booking, clause 8 will apply.
E) If your assigned Personal Trainer needs to cancel for any reason, we will let you know. We will try to find you an alternative Trainer if there is one available. We will only assign you a new trainer if they match your preferences you gave us when you booked. If we’re unable to find you another Trainer, we will not charge you for the Booking.
F) You agree that we have no responsibility for any cancellation of a Booking by a Personal Trainer.
G) While we try to ensure that information displayed on our website about the Personal Trainers and their Services is accurate, this information is provided by the relevant Personal Trainers and is and remains their responsibility. We do not take responsibility for this material or its accuracy.
H) We may (but are not obliged to) carry out background checks in respect of Personal Trainers and/or take steps to verify that they 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 website as having.
I) You acknowledge each Booking is an agreement between you and the Personal Trainer. We are not a party to such agreement and provide no guarantee in relation to the Personal Trainer performance of any Booking. Accordingly, you agree that the Personal Trainer (and not us) is responsible for:
i) the performance and quality of the Personal Training (including any equipment or advice provided by the Personal Trainer during a Booking);
ii) 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 website as having; and
iii) complying with all applicable laws, regulations and professional rules in relation to the Personal Training.
J) You have certain rights by law however in respect of your receipt of Personal Training, including that the Personal Trainer will provide the Personal Training to a reasonable standard.
K) You agree:
i) that we may pass on certain information about you to the Personal Trainer in connection with each Booking you make, so the Personal Trainer can provide the Personal Training. For further details on what we provide to Personal Trainers see our Privacy and Cookies Policy;
ii) to inform the Personal Trainer on or before the start of the relevant Personal Training of any relevant health conditions (for example illnesses or injuries) which may affect the provision or your receipt of the Personal Training or that of any person who you invite to train with you. Whilst we may provide some of these details to the Personal Trainer if you have chosen to make them available to us (as stated in our Privacy and Cookies Policy), you agree that we are under no obligation to do so;
iii) 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 Personal Trainer before start of or during the provision of the Personal Training; and
iv) that you are responsible for wearing suitable clothing, bringing water and keeping yourself hydrated during each Booking and ensuring that any person who you invite to train with you also does so.
L) You agree that:
i) you will not (and will not encourage any person who you invite to train with you to) engage or attempt to engage any Personal Trainer to provide services (other than by making a Booking using our website); and
ii) if you (and any person you encourage who you invite to train with you) did engage a Personal Trainer other than by making a Booking using our website, you will not be able to claim any refund from us for the Bookings you made outside of our website.
4.5 Before you start your sessions. You need to return your Physical Activity Readiness Questionnaire (PARQ). You need to answer these questions honestly and if you answer yes to any of the questions on the form, you need to consult a doctor before you start.
4.6 Session details.
A) Each session lasts 1 hour.
B) Sessions will begin on time unless you are told otherwise.
C) Scheduled sessions are arranged by your Personal Trainer.
4.7 How to reschedule.
A) You need to give at least 24 hours notice to rearrange times or you will be charged for that session.
B) If it is raining, you can cancel up to 2 hours before. If you cancel less than 2 hours before, you will be charged for that session.
C) If it is raining, your Trainer can cancel up to 2 hours before.
D) If you want to reschedule or cancel a session, you need to message your Trainer.
4.8 Block sessions.
A) These are a fixed number of sessions. For example, 8 or 12.
B) These have to be used within 3 months of the date of purchase.
C) They will expire after 3 months.
4.9 Subscription sessions.
A) These are a set number of sessions per month. For example, 4 per month.
B) This is an ongoing monthly subscription for a minimum term of 3 months.
C) It will continue every month until you cancel.
D) The minimum duration is 3 months.
E) Your subscription starts on the date you complete your first session.
F) Any unused sessions cannot be carried over to the next month.
5. Your rights to make changes
5.1 Change of Trainer. If you want you can change to another Personal Trainer at any time, please contact us to arrange this.
5.2 Other changes. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see 8 – Your rights to end the contract).
5.3 You can freeze your subscription for any reason for a maximum of 2 weeks during any minimum 3-month term. Freezing however can only occur for a minimum of a 1 week block up to the maximum period of 2 weeks.
5.4 Frozen’ week(s) do not count towards your initial minimum 3-month term.
5.5 Request a freeze by contacting our admin department at [email protected].
5.6 Cancelling a membership whilst frozen will still incur cancellation fees.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
A) to reflect changes in relevant laws and regulatory requirements for example we may have to make minor changes to comply with new legal requirements for Personal Trainers; and
B) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
7. Providing the products
7.1 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
A) If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
B) If the products are ongoing services or a subscription to receive services . We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in 8 or we end the contract by written notice to you as described in 10.
7.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3 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 products to you, for example, we need you to complete our Physical Activity Readiness Questionnaire (PARQ). If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. 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 10.2 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 products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
A) deal with technical problems or make minor technical changes;
B) update the product to reflect changes in relevant laws and regulatory requirements;
C) make changes to the product as requested by you or notified by us to you (see 6).
7.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, for more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.6. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 12.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see Clause 12.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. 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 what you have bought is faulty or misdescribed you may have a legal right to end the contract ( or get a service re-performed or to get some or all of your money back), see 11;
B) If you want to end the contract because of something we have done or have told you we are going to do, see 8.2;
C) If you have just changed your mind about the product, see 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
D) In all other cases (if we are not at fault and there is no right to change your mind), see 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
A) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
B) there is a risk that supply of the products may be significantly delayed because of events outside our control;
C) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
D) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Purify4life Limited of 65 Etherley Road, London N15 3AL to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see 11.2):
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
As the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind.
For example, if you buy 4 sessions and you use 1 but then cancel in the cooling off period, we will refund you for any unused sessions. This would be a refund of 3 unused sessions.
How our goodwill guarantee is more generous
If you change your mind within the 14 day period and after your 1st session, we will refund you for that session.
Our goodwill guarantee provides that if you change your mind within the 14 day period and have completed your 1st session, we will give you a refund for your 1st session and the other sessions you purchased with it.
For example, if you buy 4 sessions and you use 1 but then cancel in the cooling off period, we will refund you for the initial session you completed with your trainer and the 3 unused sessions. This would be a refund of 4 sessions.
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
A) services, once these have been completed, even if the cancellation period is still running.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
A) Have you bought services (for example, personal training)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see 8.1), you can still end the contract for your subscription before it is completed, but you may have to pay us compensation. A contract for subscription services is completed when the Personal Trainer has finished providing the services and you have paid for them. If you want to end your subscription contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know and we will arrange for you to cancel on these terms in this clause 8.7 (a) (i) to (vii):
A) You can cancel your subscription at any time from renewing ONLY after you have paid 3 months payments. For example, if you join on 10 February, you need to pay your monthly subscriptions on 10 February, 10 March and 10 April, but you can cancel after that.
i) Start Date. Your start date of your subscription is the date you completed your first training session.
ii) Frequency. All our subscriptions are for a minimum 3 month term. This means your subscription will automatically renew every 3 months on the same day each 3 months until you cancel. For example, if it starts on 1 March, then it will renew on 1 June.
iii) Minimum Term. 3 months.
iv) Email. You can cancel by emailing us at [email protected].
v) When you cancel on time. If you contact us to cancel within 14 days of your last purchase, then your subscription will cancel the same month. For example, if your last purchase was 10 March and you contact us within 14 days of that date to cancel April’s payment, then it will not renew for another month.
vi) When you cancel later. If you cancel your subscription more than 14 days after your last purchase, (then providing you have not used any sessions in the month you want to cancel), we will refund you the cost of the month’s subscription less £30 as compensation for the net costs we will incur as a result of you ending the contract. For example, if your last purchase was 10 March and you contact us more than 14 days after that date to cancel April’s payment, then it will renew for another month and take payment on 10 April but we will refund April’s payment to you less £30 for our costs.
vii) When you cannot cancel. If you complete a session during the month you wish to cancel, the contract will not end until the next month after you contact us. For example, if you tell us you want to end the contract in February, but have completed 1 session. We will continue to supply the products and we will charge you for February and March. The contract will not end until the end of March.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
A) Email. Email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
B) By post. Print off the form and post it to us at the address on the form. Or simply write to us at 65 Etherley Road, London N15 3AL, including details of what you bought, when you ordered or received it and your name and address.
9.2 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
A) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
A) your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product 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 7 days of us reminding you that payment is due; or
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 products, for example, we need you to complete our Physical Activity Readiness Questionnaire (PARQ).
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for products 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.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us at 020 7315 4067 or write to us at [email protected] and 65 Etherley Road, London N15 3AL.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See 11.3, 11.4 and 11.5 below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
11.3 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.
11.4 If your product is services, for example a contract for Personal Training sessions, the Consumer Rights Act 2015 says:
A) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
B) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
C) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11.5 See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’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 product’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.
12.4 When you must pay and how you must pay. We accept payment with debit or credit card using Stripe. When you must pay depends on what product you are buying:
A) For services, you must make an advance payment for the services before we start providing them. These are:
i) Block Sessions – You pay for 100% of your block sessions when you place your order.
ii) Subscriptions – You pay for a minimum 3-month subscription. You can either (i) pay for the full 3-month subscription upfront when you place/renew your order or (ii) choose to pay for 1 month upfront when you place/renew your order and for the remainder of the 3-month subscription to be paid in monthly instalments in which case your payment will be taken on the same date each month. Unless cancelled your subscription will automatically renew every 3 months
12.5 Your card details. Your card details will be stored on Stripe. If you want us to get these removed, please email us at [email protected]. If you have purchased our subscription package, the minimum period for the subscription service is 3 months and will not be removed until you have completed your 3 months.
12.6 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 HSBC Bank 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 judgement. You must pay us interest together with any overdue amount.
12.7 Without prejudice to clause 12.6 above, in the event you do not make any payment to us in full by the due date, for any reason, we shall have the right to suspend all or any portion of the services we are providing you until such time as all payments and applicable late fees have been paid. Following such payment, we may reinstate the services we are providing you only upon satisfactory assurance of your ability to pay for the services, including modified payment terms such as prepayment. Such suspension shall not relieve you of any payment liability. You agree to reimburse us for any costs, expenses, or fees expended by us in connection with any collection efforts against you, including reasonable internal and outside legal fees.
12.8 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. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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. 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.
13.2 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; for breach of your legal rights in relation to the products as summarised at 11.2.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we may use your personal information. We will only use your personal information as set out in our [https://purify4life.com/privacy-policy/].
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if for example, the person who is receiving the transfer is not willing to complete our Physical Activity Readiness Questionnaire (PARQ). You may transfer our guarantee at 8.4 to a person who has acquired the product (or, where the product is services, any item in respect of which we have provided the services). We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item. For example by showing us an email from the owner that they have transferred the item to someone else.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 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.
15.5 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, 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 products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.