1.1 – Thank you for visiting www.Human-movment.co.uk (“the website”). The website is operated and owned by Human (“we”, “us”, or “Human”). By reading information on Human via the website, you agree to follow the website’s instructions and agree to the following Terms and Conditions. Once Human has accepted your application for a service from Human (either as a paid Member in accordance with these Terms or as a guest Member) in accordance with these Terms and Conditions, you shall become a member of Human (“you”, “your”, or “Member”).
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page; therefore, if you continue to use the website after posting these changes to the Terms, you accept such changes.
1.4 You must be at least 18 years old to use the information on this website and apply for any human services. Humans reserve the right to deny services to anyone and refuse any applications for services at their discretion. No-one shall become a Human Member until they receive a confirmation email from Human confirming that their application for Membership has been accepted. Once an applicant has been contacted by Human confirming that their application for services has been received, then that applicant shall become a ‘Member’ of Human and subject to the provisions of these terms.
1.5 Any information given freely on the website or any programs advised via any of our services are for information purposes only and are written with drug-free athletes in mind. We do not condone the use of any performance-enhancing drugs, and using these is at your own risk.
3.1 Our Website may include links to or details of information provided from other resources or internet sites. You take full responsibility for the use of any other Websites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site, and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of Clause 3 and all applicable laws. Any site, service, company or individual that links to our Website must not: 3.2.1 change, alter or distort any content on the Website; 3.2.2 misrepresent its relationship or present false information about Human or any third parties referenced on the Website or data regarding other Members; 3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive. If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
4 Pre Activity Readiness-Questionnaire (“PAR-Q”)
4.1 Before accepting your application for a Human service, we collect information about your health and medical history so that we have as much relevant information as possible to provide a suitable and safe exercise program based on the information you provide to us. Suppose you agree to any of the following statements. In that case, we will be unable to accept your application for a guest or paid-for Membership subscription, and we strongly recommend that you seek medical advice before undertaking any exercise program or strenuous physical activity. By signing up for any of our services, you agree that your physician has stated you are able to undertake an exercise program if you have any of the following issues: 4.1.1 a doctor or medical professional has ever diagnosed you with a heart condition and indicated you should restrict your physical activity; 4.1.2 when performing physical activity you frequently feel pain in your heart and/or chest; 4.1.3 when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month; 4.1.4 you ever faint or get dizzy and lose your balance; 4.1.5 you have an injury or orthopaedic condition, such as a back, hip or knee problem, which may worsen due to a change in your physical activity; 4.1.6 you have high blood pressure and/or a heart condition in which a Doctor or Medical professional is currently prescribing medication; 4.1.7 you are pregnant, or think you may be pregnant; 4.1.8 you have insulin dependent diabetes; 4.1.9 you are over the age of 65 and not accustomed to vigorous exercise; 4.1.10 you know of any other good reason you should not exercise or increase your physical activity even if you wanted to. By signing up for a service, you also accept full responsibility for any loss or damage resulting from the above issues or anything else. The advice we give is for informational purposes only and is not to replace your doctor’s advice.
4.2 We may ask you to provide us with an update to the PAR-Q information you provide to us when submitting your application for services. If we are concerned with any of the responses we receive to any updates of this information, we reserve the right to terminate service in accordance with Clause 7.5.
5 Human Services
5.1 Human can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms) at any time. Prices charged will be those confirmed to you when you submit your application for paid-for Membership, and the prices mentioned below are by way of example only. We may make offers for Trial Services (defined below) to new users at any time – conditions applicable to each Trial period offer are set out in Clauses 5.2 to 5.5 below. No refunds shall be given for any remaining unused period of your service.
6.1 Unless otherwise stated, Human and/or its licensors own the intellectual property rights for all material on https://human-movement.co.uk/. All intellectual property rights are reserved. You may access this from https://human-movement.co.uk/ for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from Website Name
Sell, rent or sub-license material from Website Name
Reproduce, duplicate or copy material from Website Name
Redistribute content from Website Name
This Agreement shall begin on the date hereof.
6.2 Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Human does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Human ,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Company Name shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Human reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
6.3 You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party; The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant Human a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
7 Payment Terms
7.1 Failure by the Member to use any of the services available for a Member through its subscription to Human does not relieve the Member of their payment obligations under these Terms.
7.2 Potential customers can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant or Member’s financial data (as well as subscription package data) to PayPal, Stripe or GoCardless’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package, together with details on when payment of Fees are due. The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are scheduled regularly in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. monthly and for a particular amount) so that PayPal, Stripe or GoCardless can collect the payment for Fees from the Member’s Credit Card, or Debit Card provided for payment through PayPal, Stripe or GoCardless, for PayPal, Stripe or GoCardless to forward payment of the Fees to us directly. The potential registrant or Member shall NOT send credit card details to Human directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal, Stripe or GoCardless directly via the Website. Human cannot be held responsible for the security of, or misuse, credit card or other personal information.
7.3 Potential registrants or Members should be aware that further terms and conditions required by PayPal or Stripe may apply and can be found at www.paypal.co.uk and www.Stripe.co.uk.
7.4 Human reserves the right to immediately terminate a Member’s account or service for any unpaid (in whole or part) membership subscription period (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. If Human starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and costs.
7.5 Human reserves the right to terminate a Member’s account or service for any reason, on serving notice at any time by email to the Member.
7.6 Human reserves the right to terminate a Member’s account or service immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved unacceptably, as determined by Human in its entire discretion. The Member shall not be entitled to any refund of Fees if Human terminates Membership in accordance with this Clause 7.6.
7.8 The Fees chargeable to paid-for subscription Members may exclude or include any applicable value-added tax (VAT) or any other applicable tax or levy that Human may charge in addition to the Fees.
7.9 Refund Policy: Human abide by a strict, no refund policy for services and digital products. Where doubt exists over the program, our service or your ability to complete the program, by agreeing to these terms, you accept responsibility for raising any issues before purchasing with firstname.lastname@example.org. By accepting the terms of this agreement, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the program (s) offered by Human. When concerns are raised before purchase and in the circumstances required by law, Human may offer a refund within 14 days for services when stipulated before purchase; a refund will be void for the parts of the programme accessed and consumed.
7.10 All Human payments that include a recurring element require a period of notice for cancellation. Accounts billed monthly require a 24 hour notice period. Accounts billed every 3-12 months require a one month notice period. 7.11 By continuing to pay Human monthly, you are expressing your continued interest in the product, and therefore, refunds are not considered for previous months of service already delivered. Equally, no refunds are for coaching periods in the past, even if the service was not fully consumed at this time.
7.11 There are no refunds available offered for offers purchased at a promotional price or in bulk. 3, 6 and 12-month packages are nonrefundable.
7.12 For seven day trial periods of the service, notice must be given 24 hours before the first billing date. If notice is not received, the first payment will not be refundable.
8 Our content
8.1 The copyright, trademarks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Human or by third parties that have permitted us to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless expressly permitted by these Terms or by Human with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy or any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
9 Your content
9.1 Once you have registered as a Member, you may post comments on our Website in the Forum or blogs. The Member agrees to only post comments or information on the Forum or blogs in accordance with Clause 10 below and any other terms included on our Website. You acknowledge that any comments or information placed by you on the Website is entirely at your own risk and that Human is not responsible for any statements made or actions taken by others from the posting of your comments or information. Human does not verify the accuracy or truth of any comments or information placed by Members on the Website. Human shall not be liable for any inaccuracies or untruths placed by Members on the Website.
9.2 You own any copyright in the text you post to our Community Forums or blogs within the Website. However, when you publish any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website or as part of an edited compilation anywhere in the world.
9.3 By registering for a Human service, you permit Human to publish and reproduce your photographs in future articles. If you have any contention about anonymity, you may contact Human and request that you are given a pseudonym or your identity is protected in the photos.
10 Community Forum
10.1 We encourage the sharing of information of our Members in our Community Forum on the Website. However, we require you to use our Community Forum in a lawful manner and according to these Terms. You may not use the Community Forum for any illegal purpose. In particular, if you want to submit material to the Community Forum, you must do so under the following terms and conditions. You must not: 10.1.1 post libellous or defamatory comments; 10.1.2 post anything relating to any ongoing or pending trial; 10.1.3 post content which you have copied from someone else (i.e. you do not own the copyright); 10.1.4 use profane language; 10.1.5 post or transmit any files containing viruses or other harmful computer code; 10.1.6 post a personal insult about another user/Member or contravene the privacy of any other person on the Website; 10.1.7 post xenophobic, homophobic or racist remarks; 10.1.8 post pornography, links to pornography or links to any other inappropriate sites; 10.1.9 advertise or solicit in any manner, or use the Community Form or the Website for any commercial or professional purpose; 10.1.10 post the same note more than once or ‘spam’; 10.1.11 impersonate another person; 10.1.12 after receiving a warning, disrupt the flow of dialogue or post or transmit comments not related to the topic being discussed.
10.2 Please be aware of the posting of information in the Community Forum is the opinion of the person posting them only and in no way reflects our beliefs or attitudes. We operate an open Community forum, and sometimes messages are posted that could be misleading. You should, therefore, not rely on the information within the Community Forum being accurate or complete. If you do, you do so at your own risk.
11.1. Please see our separate document, which details our Disclaimer in relation to the Website. This applies to all services we offer, and the advice given is for informational purposes only.
11.2 Human shall operate the Website and provide the services set out on the Website with reasonable skill and care.
11.3 In addition to the Disclaimer terms, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website or services of Human.
11.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
11.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or connection with the use, inability to use or the results of the use of this Website.
11.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month before any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Member’s Membership subscription.
11.7 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
12.1 A waiver of any right under these Terms is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
12.2 In the event that any declares any provision of these Terms
judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms, and the remaining provisions of these Terms shall remain in full force and effect.
12.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement,
understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Human on these Terms, that it has not relied upon any representation, undertaking or promise by Human or be implied from anything said or written between the parties before the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy regarding any untrue statement made by Human, whether orally or in writing, before the contract’s date (unless such an incorrect statement was made fraudulently). The Member’s only remedy shall be for breach of contract as provided in these Terms.
12.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
12.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed according to the law of England and Wales. The parties irrevocably agree that England and Wales’s courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms. Conflicts are dealt with via the Online dispute service (https://www.ukecc.net/)