Terms & Conditions
OUR TERMS
Please ensure that you read these terms carefully. These terms form a contract between you and us. We agree to provide you access to our website and all materials available on our website subject these terms.
These terms are subject to change at any time due to a number of unforeseeable factors including changes in relevant laws or regulations or in the content available on this site.
1. WEBSITE
1.1 We will supply you access to our website and all services and materials available through our website, including the product(s) you may decide to purchase online.
1.2 We will need certain information from you in order to provide you with our content and related services; for example, your email, credit card details, telephone number, and billing address. All information provided and gathered by us will be held and processed in accordance with our privacy policy.
1.3 We may have to suspend access to our site if there are technical problems or to make improvements. If there is any defect with the website, please contact us and tell us as soon as is reasonably possible, and give us a reasonable opportunity to repair or fix it.
1.4 We own the copyright, design rights, and all other intellectual property rights in the website and materials available to you on our site and any drafts, drawings, or illustrations we make in connection with the website or materials. You may not copy or distribute any of these to anyone without our permission.
2. ORDERING NON-DIGITAL GOODS
2.1 Below, we set out how a legally binding contract between you and us is made.
2.2 You place an order on the site by clicking on the ‘PAYMENT’ button during checkout’. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.
(a) When you place your order at the end of the online checkout process (i.e. when you click on the ‘PAYMENT’ button), we will acknowledge it by email. This acknowledgment does not, however, mean that your order has been accepted.
(b) We may contact you to say that we cannot accept your order. The reason for which may include but is not limited to, the following reasons:
(i) the goods are unavailable;
(ii) we cannot authorize your payment;
(iii) you are not allowed to buy the goods from us;
(iv) we are not allowed to sell the goods to you;
(v) you have ordered too many goods; or
(vi) there has been a mistake with the pricing or description of the goods.
(c) We will only accept your order when we email you to confirm the dispatch of your ordered items (CONFIRMATION OF DISPATCH Email). At this point:
(i) a legally binding contract will be in place between you and us; and
(ii) we will have dispatched the goods to you.
2.3 By placing an order for goods you warrant that you are able to use the goods and that you meet any applicable minimum criteria for using goods. You further warrant that you will only gift the goods to a person who is able to use the goods, and also meets the minimum criteria for using the goods.
3. RIGHT TO CANCEL CONTRACT FOR NON-DIGITAL GOODS
3.1 You have the right to cancel this contract within 14 days from the day the goods are delivered without giving any reason.
3.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax, or email). You can use the model cancellation form set out below, but it is not obligatory.
Cancellation form
To
Anterides
152-160 City Road
London
EC1V 2NX
United Kingdom
+44(0)207 566 1196
info@anterides.com
I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods/the supply of the following service[*], Ordered on /received on[*].
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
3.3 To meet the cancellation deadline, you must send your communication concerning your exercise of the right to cancel your order before the cancellation period has expired.
4. EFFECTS OF CANCELLATION FOR NON-DIGITAL GOODS
4.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.2 We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
4.3 We will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we received back from you any goods supplied; or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4.4 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
4.5 If you have received goods:
(a) you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
(b) you will have to bear the direct cost of returning the goods.
(c) you will be liable for the diminished value of the goods if they are returned in a used or damaged state, which may include, but is not limited to;
(i) removal of tags
(ii) breaking of any packaging seals
(iii) soiling
(iv) creasing
(v) torn pages
5. DELIVERY OF NON-DIGITAL GOODS
5.1 The estimated date and time window for delivery of the goods is set out in the Confirmation Email (see clause 2.2).
5.2 If something happens which:
(a) is outside of our control; and
(b) affects the estimated date of delivery;
we will provide a revised estimated date for delivery of the goods.
5.3 Delivery of the goods will take place when we deliver them to the address that you gave to us.
5.4 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
(a) let you know;
(b) offer the opportunity to cancel your order; and
(c) for instances where you elect to cancel your order give you a refund.
(d) for instances where you elect to keep your order this contract remains in effect.
5.5 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods, or the goods are delivered to the address provided by you.
6. ORDERING DIGITAL CONTENT
6.1 Below, we set out how a legally binding contract between you and us is made in relation to digital content.
6.2 You place an order for digital content by clicking on the ‘PAYMENT’ button during checkout’. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download and use with a PDF reader the digital content.
(a) When you place your order at the end of the online purchase process (i.e. when you click on the ‘PAYMENT’ button), we will acknowledge it by email (CONFIRMATION EMAIL). This acknowledgment means that your order has been accepted, payment has been processed and you can download the content from your ANTERIDES ACCOUNT.
(b) Prior to the acknowledgment email being sent we may need to contact you to say that we can not accept your order. The reason for which may include, but are not limited to, the following reasons:
(i) the digital content is unavailable to download;
(ii) we cannot authorize your payment;
(iii) you are not allowed to buy the digital content from us;
(iv) we are not allowed to sell the digital content to you; or
(v) there has been a mistake with the pricing or description of the digital content.
(c) We will only accept your order when we email you to confirm this (CONFIRMATION EMAIL). At this point:
(i) a legally binding contract will be in place between you and us; and
(ii) the digital content can be downloaded.
6.3 You may not be able to buy certain digital content because you are too young. These are set out on the relevant webpage for the digital content.
7. NO RIGHT TO CANCEL THIS CONTRACT ONCE DOWNLOAD IS AVAILABLE
7.1 When you buy the digital content:
(a) you have no right to cancel this contract once it becomes available to download in your ANTERIDES ACCOUNT; and
(b) you must read, agree to, and tick the relevant box confirming you have read and accept these terms and conditions when buying the digital content
8. PERMISSION TO USE THE DIGITAL CONTENT
8.1 When you buy the digital content and download it, you will not own it. Instead, we give you permission to use it (also known as a ‘license’) for the purpose of you using and enjoying it according to this contract.
8.2 The digital content:
(a) is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
(b) is non-exclusive to you. We may supply the same or similar digital content to other users;
(c) may not be:
(i) copied by you except for a reasonable number of necessary back-ups;
(ii) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
(iii) combined or merged with, or used in, any other computer program;
(iv) distributed or sold by you to any third party;
(f) contains information that is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trademark (®), or unregistered trademark (™) markings.
8.3 except where you have permission to use the digital content under this clause 8, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
9. DOWNLOAD
9.1 Once you have clicked on the ‘PAYMENT’ button (see clause 6.2(a)) and received the acknowledgment email (see clause 6.2(c) the digital content will be saved in your ANTERIDES ACCOUNT through which you can download the digital content by clicking on the ‘DOWNLOAD’ button.
9.2 If something happens which:
(a) is outside of our control; and
(b) affects you being able to download the digital content;
we will make the digital content available for download as soon as we can.
10. NATURE OF THE DIGITAL CONTENT
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’); for example, that the digital content:
(a) is of satisfactory quality;
(b) is fit for purpose; and
(c) matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
(a) we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content;
(b) we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
(c) you acknowledge that there may be minor errors or bugs in it.
11. FAULTY DIGITAL CONTENT
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are incorporated into this contract. For more detailed information on your rights and what you should expect from us, please:
(a) contact us using the contact details at the top of this page; or
(b) or call +44(0)207 566 1196.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 Please contact us using the contact details in the footer of this website if you want:
(a) us to repair the digital content;
(b) us to replace the digital content; or
(c) a price reduction.
12. PAYMENT
12.1 We accept payment via PayPal only.
12.2 The price of the goods:
(a) is stated in USD unless it can be determined that you are in a territory that uses CAD, AUD, EUR, or GBP, in which case your local currency will be shown;
(b) includes VAT where applicable, at the applicable rate; and
(c) Does not include the cost of delivery where applicable.
13. END OF THE CONTRACT
13.1 If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
14. OUR LIABILITY TO YOU
14.1 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into these terms.
14.2 Care must be taken to observe and follow all instructions for the safe use of the materials and every user assumes responsibility for their own health and safety. You acknowledge that there is no guarantee of your or another relevant party’s safety regardless of how much care is taken, as the nature of physical training means that there is always a risk of injury. We have no liability to you for any injury or other harm suffered as a result of using the materials available through our website or print publications. We strongly advise seeking medical guidance including examination by a licensed healthcare practitioner before embarking on any training, weight loss, or nutritional program. We cannot assume responsibility for, or make any guarantees with regard to the success achieved with the materials we supply as individual results can neither be predicted nor guaranteed and will vary.
14.3 In the event that we refer you to a different personal trainer through our introductory service we accept no liability whatsoever for the quality of the services provided by that trainer and do not warrant that the services provided by that personal trainer will meet your requirements or expectations.
14.4 You agree not to use or reproduce the materials on this website in whole or in part for any commercial, business, or re-sale purpose without explicitly citing the source as Anterides Ltd. We have no liability to you for any loss of profits, loss of business, business interruption, or loss of business opportunity in connection with any content on our website. Further, you should refer to clause 14.2 of these terms as we will not be held responsible for any injury, harm, or damage of any kind arising from the use of the materials on our website. Should you choose to use our materials for a professional training program you should advise your clients accordingly.
15. FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these terms that is caused by an event outside our control.
15.2 An event outside our control means any act or event beyond our reasonable control, including but not limited to 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 another natural disaster, server outage or failure of public or private telecommunications networks or financial systems.
15.3 If an event outside our control takes place that affects the performance of our obligations under these terms, our obligations will be suspended and the time for our performance extended for the duration of the event. Where the event outside our control affects our performance of services to you, we will restart such services as soon as reasonably possible after the event is over.
16. INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 If you have any questions or complaints, please contact us by clicking on this link.
16.2 If we have to contact you or give you notice in writing, we will do so by e-mail, to the address you have provided to us through the website unless you give us a different one.
17. YOUR USE OF THIS WEBSITE
17.1 Your use of our site means that you accept and agree to abide by all the policies stated in these terms. You may use our site only for lawful purposes. You may not use our site
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm anyone including minors in any way.
(d) To send, knowingly receive, upload, download, use or re-use any material which is offensive, obscene or otherwise indecent or incites discriminatory or antisocial behavior.
(e) To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
(f) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
17.2 You also agree:
(a) Not to reproduce, duplicate, copy, transmit or re-sell any part of our site, publications, or products in any form or by any means, whether electronically, mechanically, by photocopying or recording or otherwise without our permission. This includes but is not limited to any materials or documents that you download, save onto your computer, or print into hardcopy form.
(b) Not to access without authority, interfere with, damage, or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
17.3 We may from time to time provide interactive services on our site, including but not limited to chat rooms, bulletin boards, and videoconferencing facilities. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
17.4 Failure to comply with this acceptable use policy constitutes a material breach of these terms and may result in our taking all or any of the following actions:
(a) immediate, temporary, or permanent withdrawal of your right to use our site;
(b) immediate, temporary, or permanent removal of any posting or material uploaded by you to our site;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach; and
(e) further legal action against you and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
17.5 We exclude liability for our actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
17.6 We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
18. OTHER IMPORTANT TERMS
18.1 We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
18.3 These terms form a contract between you and us. No other person shall have any rights to enforce any of these terms.
18.4 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.
18.5 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.
18.6 These terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts. 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.
