Terms of service.

  • By signing up to any of Our subscription services, you hereby declare that;

    - You understand that any fitness training session is likely to be physically strenuous;

    - Your doctor has never said that you have a heart condition and that you should only do physical activity recommended by a medical professional;

    - You do not feel pain in your chest when you do physical activity;

    - In the past month, you have not had any chest pains, either when you were not doing physical activity;

    - You do not lose your balance because of dizziness and you do not ever lose consciousness;

    - You do not have a bone or joint problem that could be made worse by a change in your physical activity;

    - You are not currently currently bring prescribing any medication. If you are, your medical professional has given you clearance to exercise;

    - You do not know of any other reason why you should not do physical activity;

    - You have the relevant experience to safely complete the content in your subscription.

    Further, You will ensure that You are fit and well enough to participate in any Session that You purchase, and that You will at all times be responsible for Your own state of health, physical condition and wellbeing.

    Finally, if You have any concerns about Your fitness or health, it is Your responsibility to seek appropriate medical advice from Your GP, Physiotherapist or other relevant medical adviser before purchasing or participating in any Session.

    • All Personal and Online appointments will be made with David via Mindbody online. All sessions must be paid for in advance.

    • Payment must be made for all remote training subscriptions and remote coaching memberships before access will be granted.

    • Once payment has been made, You will be emailed an invitation to Join True Coach. This software comes with its own app, and this is where you will view you material.

    • All Personal and Online Training sessions are subject to a 24-hour cancellation policy.

    • Remote subscriptions can be cancelled at anytime prior to the next payment due date.

    Full Terms of Service can be found below.

  • BACKGROUND:

    These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, www.davidkingsbury.uk (“Our Site”).

    Terms and information that are specific to accessing personal fitness training from or via Our Site using web conferencing software are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale.

    Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss.

    All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

    are required by law to give to You before You order a Subscription; or

    voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.

    We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment below.

    These Terms of Sale, as well as any and all Contracts, are in the English language only.

    These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

    1. Definitions and Interpretation

    1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

    “Account”

    means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;

    “Background Items”

    means background and other information about topics relevant to the health, fitness, wellness, diet and/or nutrition programmes that We provide to You, downloadable or viewable as text/graphics;

    “Consumer”

    means an individual customer who is to receive or use Our services comprising Paid Content for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

    “Contract”

    means a contract for the purchase of a Subscription to access any Paid Content, as explained in Clause 7;

    “Paid Content”

    means any content (including text, graphics, images, audio, and video) comprising any session or course of fitness, wellness, health or nutrition training, instruction, or any Background Items or other materials or information which We offer. The sessions, courses, Background Items and other information or materials are sold by Us through Our Site and made available by Us by using web conferencing software.

    Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any trainer or instructor or other individual(s) presenting any content on Our behalf but whether it does or does not do so, We may if so We decide in our discretion at any time and without notice substitute any other individual(s) who is suitably qualified and experienced;

    “Subscription”

    means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:

    one or more specific single events or items; and/or

    one or more series or collections of two or more specific events or items; and/or

    one or more or all types of events or items available on or via Our Site; and

    the Background Items.

    We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription (as to which, see sub-Clause 7.4.6).

    Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;

    “Subscription Confirmation”

    means Our acceptance and confirmation of Your purchase of a Subscription;

    “Subscription ID”

    means the reference number for Your Subscription; and

    “We/Us/Our”

    means David Kingsbury LTD, a company registered in England under 14121384, whose registered address is 87 Belmont Road, Maidenhead, SL6 6LG.

    2. Information About Us

    2.1 Our Site, www.davidkingsbury.uk, is owned and operated by David Kingsbury LTD, a limited company registered in England under 14121384.

    3. Contacting Us

    3.1 If You wish to contact Us with general questions, You may contact Us by using the Contact Form on Our Site.

    3.2 For matters relating to Paid Content or Your Subscription or Account, please contact Us by using the Contact Form on Our Site.

    3.3 For matters relating to cancellations, please contact Us by using the Contact Form on Our Site.

    3.4 To make a complaint, see Clause 15.

    4. Consumers only and Age Restriction

    Only a Consumer may purchase a Subscription and access Paid Content on or through Our Site. Only if that person is at least 18 years of age may they do so.

    5. Business Customers

    These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

    6. Subscriptions, Paid Content, Pricing and Availability

    6.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.

    6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. Please refer to Clause 11 if Your Subscription or the Paid Content is incorrect.

    6.3 We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 7 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.

    6.4 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

    6.5 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 7 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.

    6.6 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

    6.7 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed (please note sub-Clause 6.11 regarding VAT, however).

    6.8 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 3 days, We will treat Your order as cancelled and notify You of this in writing.

    6.9 If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.

    6.10 If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

    6.11 All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

    7. Orders – How Contracts Are Formed

    7.1 Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

    7.2If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

    7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

    7.4 Subscription Confirmations shall contain the following information:

    7.4.1Your Subscription ID;

    7.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

    7.4.3 Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;

    7.4.4 The duration of Your Subscription;

    7.4.5 Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;

    7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed.

    7.5 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 14 days.

    7.6Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

    7.7. Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

    8. Payment for Subscriptions

    8.1 Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).

    8.2 We accept all major credit and debit cards as methods of payment on Our Site via Stripe.

    8.3 If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 1 day of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

    8.4 If You believe that We have charged You an incorrect amount, please contact Us via the Contact US form on our Site as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

    9. Provision of Paid Content

    9.1 We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us You are unable to do so, You will not be entitled to any refund.

    9.2 All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

    9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

    9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances. Any such delay will not normally exceed 15 Minutes but if the start is delayed by more than that period then We will offer a discount on your next booking to compensate You for any inconvenience or loss that You suffer as a result.

    9.3 When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.

    9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

    9.4.1 To fix technical problems or to make necessary minor technical changes;

    9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

    9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

    9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 3 days, You may end the Contract as described below in sub-Clause 13.2.

    9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 1 day of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

    9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

    9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

    10. Licence

    10.1 When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to You does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

    10.2 The licence granted to You under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:

    10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); [and]

    10.2.2 If and when You use a two way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers anything (by voice, text, image or otherwise) except anything which is proper having regard to the content of it or as We may expressly request or permit in any case.

    11. Problems with the Paid Content

    11.1 We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

    11.1.1 If the Paid Content has faults, You will be entitled to a repair or a replacement.

    11.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

    11.1.3 f You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.

    11.2 If there is a problem with any Paid Content, please visit the contact page on Our Site www.davidkingsbury.uk to inform us of the problem.

    11.3 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.

    11.4 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.

    11.5 or further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

    12. Cancelling Your Subscription

    12.1 f You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

    12.2 fter the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

    12.3 If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

    12.4 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation via the contact form on Our Site.

    12.5 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

    12.6 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

    13. Your Other Rights to End the Contract

    13.1 You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We may, at Our discretion, offer You a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.

    13.2 If We have suspended availability of the Paid Content for more than 3 days, or We have informed You that We are going to suspend availability for more than 3 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will, at our discretion, issue You with a partial refund.

    13.3 Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.

    13.4 If You wish to exercise Your right to cancel under this Clause 13, You may do so by using Our Contact Us form on Our Site.

    14. Our Liability to Consumers

    14.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

    14.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

    14.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

    14.4 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

    14.5 We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).

    15. Complaints and Feedback

    15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.

    15.2 All complaints are handled swiftly and can be made via the Contact Us form on Our Site.

    16. How We Use Your Personal Information (Data Protection)

    We will only use Your personal data as set out in Our Privacy Notice and Cookie Policy, available on Our Site.

    17. Other Important Terms

    17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

    17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.

    17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

    17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.

    17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).

    18. Law and Jurisdiction

    18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

    18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

    18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.