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Terms & Conditions

 

OVERVIEW

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This website is operated by Actafit. Actafit offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes
 

  1. INTERPRETATION "Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Actafit

    1. "Customer" means any person to whom Actafit sells or supplies a Product; "Party" means both a Customer and Actafit;

    2. "Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital Products including resource material, videos and online content;

    3. "Order" means an Order placed by a Customer for the purchase of goods from Actafit;

    4. "Payment Method" means the payment details nominating the account or process by which a Customer agrees to pay for any Product;

    5. "Product" means any item including, goods, services digital Products,  resource material, online content etc. sold by Actafit to the Customer through an Order;

    6. "State" means the United Kingdom

    7. "We" refers to Actafit; and

    8. "You" refers to a Customer;
       

  2. IN THESE CONDITIONS:​

    1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and

    2. The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;

    3. Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;

    4. A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;

    5. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;

    6. If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and

    7. The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and

    8. Each provision hereof will be construed and will take effect according to the laws of the State and all rights, liabilities and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
       

  3. GENERAL

    1. Actafit is a Site that you can select, Order and access Products advertised.The purchase of all digital Products and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site. ​​

    2. Accuracy, completeness and timeliness of information

    3. By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Condition.

    4. By accessing, browsing, using or by placing an Order through the Site, you accept and agree to be legally bound by these Conditions, Disclaimers and Limitations of Liability including our Privacy Policy and Returns Policy. These Conditions will apply to all Orders placed or to be placed with the Actafit for the sale and supply of the Products. None of these Conditions affect any rights or obligations imposed under UK Law.

    5. By placing an Order with Actafit you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    6. You agree that we will charge you for any Product ordered through your account.

    7. You are liable and responsible for any person who uses your account to place Orders through the Site.

    8. You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.

    9. Actafit reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.

    10. You are responsible for any costs associated with accessing the Site.

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We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

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This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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ACCOUNT

  1. Prior to placing an Order, you must create an account though the Site.

  2. In order to access some features of the website, you will have to create an Instagram account

  3. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy.

  4. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person.

  5. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.

  6. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.

  7. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.

  8. If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting info@actafit.co.uk

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INACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us.

  1. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  2.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

  4. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed​.

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INTANGIBLE PRODUCT LICENSES

  1. Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Actafit may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.

  2. These intangible Products remain the property of Actafit. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Actafit grants to the Customer a single Licence to use the Product subject to these Conditions.

  3. Many of our Products are intangible and may come in the form of, resource material, videos or online content. All of these Products are subject to copyright protection.

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SUBSCRIPTION CHARGES​

  1. Subscriptions will occur as per your chosen subscription duration. Payments will continue until terminated. Unless the subscription is cancelled before the billing renewal date, the fees and charges will be charged on a rolling basis to your nominated Payment Method.

  2. The subscription fees and charges will be billed up front. eg: 1 month subscription is a monthly rolling contract at the price of 1 month, whereas the 12 month subscription is a single upfront charge for the full amount. The subscription will rollover and auto-renew unless you have this feature disabled on your device.

  3. Actafit reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Actafit will inform you of any such variation and provide you with one month’s notice of any such change.

  4. We do not offer refunds or credits for unused Subscription periods, accidental purchases, medical conditions, or any similar reason or event,

  5. You must cancel 48 hours before billing roll over to prevent a new billing period starting

  6. Upon your subscription, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.

  7. You must notify us of any change to your Payment Method. If you do not notify us of any such change, then Actafit will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.

  8. If any subscription fees or charges billed to your account are not processed for any reason, then Actafit will have the right to suspend your subscription until all fees and charges have been paid in full.

  9. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Actafit in collecting any unpaid subscription fees or charges from the Customer.

  10. Subscription fees will apply regardless of whether or not you use your subscription.

  11. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.

  12. By subscribing to Actafit, you will gain full and unrestricted access to all live workouts and instagram content.

 

PAYMENT AND CURRENCY DISCLAIMER​

  1. All transfers conducted through Actafit are handled and transacted through Stripe.

  2. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for any transactions made and are liable for any loss or damage you may suffer as a result of using the third party payment gateway.

  3. All payment amounts are represented in GBP as this is the currency of our host country. 

  1. Payment Methods

  1. Payment accepted through the Google Play Store and the Apple App Store.

  2. Subject to the terms and conditions of third parties.

  3. In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Actafit.

 

​DISCLAIMERS

  1. If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.

  2. The content of our Instagram is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Instagram has been created for information purposes only.

  3. You must be in good physical condition before using any of our Products whether tangible or intangible.

  4. Before participating in our workouts, you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.

  5. None of our employees hold medical or dietary qualifications and we are not a licenced medical care provider. We have no expertise in diagnosing, examining or treating medical conditions of any kind.

  6. We strongly recommend that you consult with your doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.

  7. Subject to any rights granted by UK Consumer Law, you agree to discharge Actafit of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by UK law where negligent or otherwise.

 

​PRIVACY POLICY

  1. Our Privacy Policy is available on our website and forms part of these Terms and Conditions.

  2. By accessing and using our website you acknowledge and agree to our Privacy Policy.

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  1. INDEMNITY 

    1. You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.

    2. You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Site.

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  1. EXTERNAL LINKS

    1. This Site may contain links which are hosted by third parties not associated with Actafit. The content displayed on those Sites is not the responsibility of Actafit and we do not endorse or approve of these external websites or any services that are provided by those websites.

    2. You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquiries.

      SITE CONDITIONS OF USE

      1. Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;

      2. Do anything that may place an unreasonably or disproportionately large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site

      3. Make any modifications to the Site without proper authorisation in writing from Actafit;

      4. Test, scan or circumvent the security of the Site;

      5. Use the Site or any content in any way which breaches the rights of Actafit or any third party;

      6. Use the account of another Customer or impersonate another Customer when using this Site;

      7. Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and

      8. Use any method to autonomously create accounts by any means under fraudulent pretences.
         

  2. GOVERNING LAW

    1. These Conditions will be construed and will take effect according to the laws of the United Kingdom and the respective rights, liabilities and obligations of the parties will be governed by the law of the United Kingdom

    2. The Customer and Actafit agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.

    3. If you are entitled to any rights, remedies or claims under the UK Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the UK Consumer Law.
       

  3. TERMINATION
    1. We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
    2. Subject to these Conditions, you may cancel your subscription at any time. Please note that charges cannot be `ed for the duration of your chosen subscription. You will continue to have access to Live workouts and content access through till the end of your billing period.

    CHANGES TO THESE CONDITIONS 
    1. We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
    2. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you
     

  4. SEVERABILITY 
    1. That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
    2. The parties must attempt to renegotiate that part in good faith.​

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