Terms & Conditions
STANDARD TERMS OF BUSINESS FOR THE PROVISION OF 8 WEEKS WITH AIMEE
8 Weeks With Aimee System is provided by Aimee Ormesher, a company registered in England and Wales whose registered address is at 11 Kempsell Walk, Liverpool, L269XY (“Company”)
In these terms of business (‘Terms’) the following expressions shall be given the following meanings:
“Client” means the person, firm or corporate body who approaches the Company with a view to engaging its Services;
“Charges” means the charges payable by the Client for the supply of the Services to the Company;
“Commencement Date” means the date on which the Client follows the Company’s written instructions to activate the Online Account;
“Online Account” means a facility for Client to receive Services from Company; and
“Services” means online personal training services provided to the Client by the Company.
(a) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision includes any subordinate legislation made from time to time under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes fax and email.
2. COMMENCEMENT AND TERM
2.1 The Client acknowledges that it accepts these terms by purchasing and signing up for, downloading the materials and/or continuing to use the materials after a change to the Terms.
2.2 The Terms shall come into force on the sale of the purchase date, and subject to Clause 7, shall continue in force for the Initial Term and any Extended Term thereafter.
3. COMPANY OBLIGATIONS
3.1 The Company shall supply the Services to the Client in accordance with the Terms.
3.2 In supplying the Services, the Company shall:
3.1.1 perform the Services with reasonable care and skill; and
3.1.2 comply with all applicable laws, statutes and regulations from time to time in force.
4. CLIENT OBLIGATIONS
4.1 The Client shall:
4.1.1 co-operate with the Company in all matters relating to the Services;
4.1.2 provide, in a timely manner such information as the Company may reasonably require within the Online Account and ensure that it is accurate and complete in all material respects.
4.2 If the Company’s performance of its obligations under these Terms is prevented or delayed by an act or omission of the Client, the Company shall:
4.2.1 not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such delay;
4.2.2 be entitled to payment of the Charges despite any such delay; and
4.2.3 be entitled to recover any additional costs, charges or losses the Company sustains or incurs that arise directly or indirectly from such delay.
5.1 In consideration for provision of the Services, the Client shall pay the Company the Charges in accordance with this Clause 5.
5.2 The Client shall pay the Charges to the in full once purchased, the rate of which shall be notified by the Company to the Client prior to purchasing.
5.3 The Client shall pay the Charges via direct debit to a bank account nominated by the Company.
5.4 In the event the Client fails to make the payment due to the Company by the Due Date, then without limiting the Company’s rights under Clause 7, the Client shall pay interest on the overdue sum, whether before or after judgment. Interest under this clause will accrue at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when the base rate is below 0%.
6. LIMITATION OF LIABILITY
6.1 Nothing in the Terms limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence; and
(b) fraud or fraudulent misrepresentation.
6.2 Neither Party shall be liable to the other Party for loss of use of any Works, loss of profit, loss of any contract or for any indirect or consequential loss or damage which may be suffered by the other Party in connection with the Terms.
8.2 Force Majeure: Neither party shall be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8.3 Temporary illness: In the event of illness or injury, the Company can arrange for Services to be suspended, only in the event that the Client procures medical evidence from a competent medical professional. However no refunds will be made under any circumstances once programme has been purchased,
8.4 No Suspension of the Services: Without prejudice to Clause 8.3, there shall be no further suspension of the Services or Charges.
8.5 Variation: These Terms are subject to variation as and when reasonably required by the Company and the Client shall have the ability to view such variations in the Online Account.
8.6 Severance: If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause
8.6 shall not affect the validity and enforceability of the rest of the Terms.
8.7 Waiver: A waiver of any right or remedy under the Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
8.8 Third Party Rights: The Terms does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms.
8.9 Disclaimer: The Client accepts and acknowledges that, to the fullest extent permitted by law, the Company does not:
(a) promise or guarantee the Client any weight loss or fitness results when delivering the Services; and
(b) accept any liability for the Client not meeting an anticipated weight loss or fitness level when receiving the Services.
8.10 Entire Agreement: These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.11 Governing Law and Jurisdiction: The Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or its subject matter or formation
8.12 Under no circumstances will refunds be made once the programme has been purchased.