These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site.
Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.
NOT MEDICAL ADVICE:
The information available on or through this Site, and the Services supplied via or in connection with this Site, including any feedback on any health questionnaires, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise regime, you should consult your doctor.
All of the nutritional information provided by gugafit on this site is either provided by health and fitness professionals employed by gugafit, or in certain circumstances by gugafit members (when a meal is provided by anyone other than gugafit employees we will endeavor to highlight where the information has come from).
Gugafit has structured the ‘points’ system and subsequent points targets with the aim of every member reaching the government guidelines for exercise/activity. (Adults target = 30 minutes of moderate exercise 5 x per week / Children’s target = 60 minutes of moderate exercise 7 x per week). For more specific information regarding how the ‘points’ system works, please see ........
We try to make sure that all information that we post on this web site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, and subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site (including any articles posted by a third party) or provided through any Service supplied by us to you.
We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, for the condition that we are entitled to supply you with any Product you buy, that they will be of satisfactory quality and fit for purpose, that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. Subject to that, our liability to you in each year is limited to the amount of charges payable by you to us in that year subject to a minimum of £250.
In these terms and conditions, the following definitions apply:
"Services" means any information and services ordered and/or provided by gugafit through or via the site and all services offered as part of the membership subscription. Any electronic information supplied to you by gugafit will constitute part of Service not a Product and any cancellation rights will apply and be interprested accordingly.
"Products" means any products offered for sale on the Site.
"Site" means gugafit.com and all other sites operated by Gugafit Ltd. whether through that URL or otherwise.
Use of this Site Generally
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in gugafits brands trade marks and logos ("Materials") are owned by gugafit. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof.
You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of gugafit or any third party.
gugafit accepts no obligation to monitor the use of the Site. However, gugafit reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. gugafit will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
gugafit may change the format and content from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your Personal Information
You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this site is on an "as is" and "as available" basis. On that basis, except as expressly set out in these terms, gugafit does not enter into conditions, warranties or other terms in relation to the Site.
The Site includes links to external sites and co-branded pages. gugafit has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. gugafit is not responsible for the content of these site and pages or for anything provided by them.
Subject to the important liability statement, gugafit is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
As part of the Services offered via this Site, you may be issued with an individual password which may be used to access the Site, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify gugafit of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.
gugafit reserves the right to change your password and user name at any time in its sole discretion and you agree to notify gugafit promptly of any changes to your registration details.
Suspension and termination of Service
gugafit may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
gugafit may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
Pricing, availability and dispatch Information of Products
Information displayed on the Site as to pricing and availability is subject to change by gugafit without notice. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order, we will inform you by e-mail if any Products you order turn out to be unavailable.
In spite of our best efforts, it is possible that a Product or Service may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where the actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
Products will be dispatched by gugafit (or one of our fulfilment partners) to your delivery address as soon as reasonably possible after acceptance of your order and we will endeavour to confirm dispatch to you by email. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept which require delivery outside the EU will be delivered duty unpaid. gugafit is not liable for loss or damage to Products in transit. If recorded delivery is chosen, you will receive your dispatch notification email with a Royal Mail track and trace number. Once dispatched, Royal Mail will not deem an undelivered parcel to be missing until 15 days has passed. gugafit cannot send replacement Products until you have notified gugafit and this 15 day period has expired. Should you receive your original Product at any stage after the replacement Product is delivered to you, you shall return this Product immediately to gugafit (or one of our fulfilment partners as appropriate).
Some Services (such as membership of gugafit) are offered on a subscription basis. Subscription to such Services may be available for varying commitment periods (e.g. 1 months, 3 months or one year) and you may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Site. Additionally, we may offer promotional subscription Services which offer a one off up front payment fee (e.g. for 3 months) with a commitment to subscribe for e.g. the following 9 months. Monthly subscription may be available with a twelve month commitment or with no commitment. Payment for the Services will be made via the Site in accordance with the procedure and pricing explained on the Site.
If you choose a pay-monthly subscription with no commitment period, the monthly charges will be collected by debit/credit card until we or you cancel your subscription on at least 28 days' notice by contacting us.
If you choose a subscription with a fixed commitment period (e.g. 6 months) then, whether it is pay-monthly or pay up-front, at the end of that period your subscription will automatically convert into a pay-monthly subscription (at the same rate band at which you were paying during the fixed commitment period) which can be cancelled by us or you on 28 days notice by contacting us. Where such notice is given 28 days or more prior to the end of the fixed commitment period, the subscription will end upon expiry of that period.
We will collect all monthly fees due (including those due after the end of a fixed commitment period) from the debit/credit card you tell us about upon registration. As stated above, we may suspend or cancel any Services, including your subscription, in the event of problems with the debit/credit card.
Subject to your cooling off right stated in clause 10 and your statutory consumer rights (which remain unaffected by any of these terms), subscription fees are non-refundable. Subscriptions with fixed commitment periods may not be cancelled until all the monthly payments have been made. Any attempt to cancel such payment may result in gugafit deducting the balance of payments due immediately.
If your subscription begins with a promotional period, you will be automatically charged for the subscription rates to which you agreed on expiry of that promotional period unless you email us on firstname.lastname@example.org
Any corporate or group membership rates are only available to employees/members of the specified organization or group (or other parties such as contract staff and/or friends or family if the offer is specifically extended to such parties). Any attempt to subscribe to such a plan without entitlement to do so may result in gugafit deducting the balance of payments due immediately.
Cooling Off Rights
Services: You may cancel Services including any subscription within 7 days after the day of ordering by contacting us by email at email@example.com or by writing to 'After Sales' at the address set out in these terms and conditions, save that this right will cease once you use your password to log on to the members only part of the Site or to access the Services ordered (or subscribed for) for the first time during that 7 day period.
Statutory Rights and Refunds
The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
If you are under 18
gugafit does not sell Products to children under the age of 18 on this Site, although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products or Services from the Site.
gugafit may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. gugafit may delay enforcing its rights under these terms and conditions without losing them. You agree that gugafit may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
If you have any enquiries or complaints (about the Service or someone else's use of the Site) then please address them to: gugafit Limited, 30 Bethel Lane, Farnham, Surrey, GU9 0QA.
Third party contributions
Articles: Articles on this site may be submitted by third parties and gugafit is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.