Terms & Conditions
All the fine print around your subscription
WEBSITE USER TERMS AND CONDITIONS
Welcome to the PowerBurnwebsite. If you continue to browse oruse this websiteyou are agreeing to comply with and be bound by the following terms and conditions of use(“Terms”) which govern our relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website.
The term “we”or “PowerBurn” means Powerburn Limited, the owner and operator of the websitewww.powerburn.com(the “Website”), whose registered office is 1 Hutton Close, South Church Enterprise Park, Co Durham, Bishop Auckland, England, DL14 6XG and whose company registration number is 12130677 (“us” and “our” will be construed accordingly).The term “you”refers to the user or viewer of our Website(and “your”will be construed accordingly).
Use of this Website
You must be over 18 years of age to purchase or make use of any products or services from our Website.Unless otherwise stated, Powerburn Limited owns the intellectual property rights in the Website and material on the Website.
Subject to the license below, all these intellectual property rights are reserved. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our Website to transmit or send unsolicited commercial communications. Access to certain areas of this Website is restricted. Were serve the right to restrict access to areas of this Website, or indeed this entire Website, at our sole discretion.
If we provide you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of the Website.
Our product sand services
All products and services shown on the Website are subject to availability, and may be subject to change. We reserve the right to update or amend the details and specifications of our products or services as necessary.
We try to ensure that information regarding products on our Website is as accurate as possible. However, we cannot be held responsible for any inaccuracies or errors.
All prices are in pounds sterling and include VAT at the prevailing rate.Please note that we are not obligated to accept your purchase request and reserve the right to refuse or cancel any order once it has been placed. This may be done, for example, if:
- Your payment is not authorised or has been marked as fraudulent, or potentially fraudulent, by ourpayment system;or
- Payment has been made using a card not issued in a country we cover, or not where the billing address isoutside our accepted territories;or
- There is an error on the Website regarding the price or description of a product.
By placing an order with us you are confirming that any information you have given is true and accurate and that you are authorised to use the card on which payment is made.
Online subscription services
Some of the products or services we provide through the Website are online subscription services. To access these services, you will be required to register as a subscriber on a rolling monthly basis. Details of the monthly subscription cost (the “Subscription Fee”) which you will be required to pay will be set out on the Website.
You have the right to cancel your subscription at any time. If you choose to terminate your subscription, we do not give any refunds of the Subscription Fee which you have paid for that month, except where the ‘Consumer Rights Guarantee’ or our own ‘Feel Better Guarantee’ applies. Details of these money-back guarantees are set out below.
Where applicable, subscription charges are paid in monthly instalments. For each month that your subscription is active, you agree that PowerBurn is authorised to charge the payment system you have registered on your account. The monthly subscription fees will continue to be billed to you automatically until you cancel them. If you cancel your subscription part-way through a month, your cancellation will take effect from the beginning of the following month.
Subscription payments are made monthly in advance and will be collected from your account on the 1st of the month through creditor debit card payment. If you sign up mid-month, the initial payment taken from your account will be a pro rata charge, to cover the remainder of the current month. From then on, standard payments will be taken on the 1st of the month.
If, for any reason, a payment does not go through on the 1st of the month, our payment system will automatically attempt to take payment on the following four consecutive days.
If any subscription fees are due for payment and you fail to pay for those services more than one week following their due date, this may result in your account being suspended.
Any payment not received within thirty (30) days after the applicable due date shall be considered a default under these Terms which shall entitle us to suspend or deactivate your
3account and your use of our products and services. We do not have to provide you any advanced notice of suspension or deactivation of your account in the event of your late payment.
We may update our Subscription Fees from time to time. Any changes to your Subscription Fee will be notified to you at the email address you have registered with us and/or posted on the Website. You will be given the opportunity to cancel your subscription before any changes to the Subscription Fee come into effect.
Your subscription is not transferrable. Your login details are personal to you. If we find that you have provided your login details to any third party, we reserve the right to terminate your subscription for breach of this agreement. In such a case you will not be entitled to any refund.
Your ‘Consumer Rights Guarantee’
If you order any products or services from our Website, as a consumer, you will be entitled to cancel such products or services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, provided that you notify us within 14 days of placing your order.
The above ability to cancel shall not apply if(a) you have already activated your account and accessed a training session (or any other services which you have ordered through the Website), or (b) if a period of 14 days has elapsed from the date of placing the order.
Should you wish to cancel any products or services in accordance with the above policy, you should send an email to info@PowerBurn.com requesting the cancellation and specifying the products or services which you wish to cancel.
Other than in the specific circumstances set out above, we do not offer any refunds once a purchase has been made.
Our ‘Feel BetterGuarantee’
The Feel Better Guarantee is given to all new Online Subscribers and Gym Members and is valid for the first month of your subscription / membership.If you are a newOnline Subscriber or Gym Member and you do not feel better after your first month of training with us, then if you notify us in writing to info@PowerBurn.co.uk within 28 days of your initial membership payment, webwill be refund 100% of your subscription or membership fee within 14 days. However, please note that you must have attended at least 11 out of 12 sessions within the first 28 days of your subscription or membership in order to be eligible for this Guarantee.Refunds will be made on to the original form of payment used for the initial membership payment.
The Feel Better Guarantee is only available to new Online Subscribers and new Gym Members and is only applicable to your subscription fee or membership fee(as applicable). It does not cover any purchases made through PowerBurn from third parties, such as MyZone belts. Nutrition reports
4If you purchase a nutrition report from our Website, you are granted a licence to download and use the content contained within that report at your discretion. However, you are not permitted to publish these reports or to share them with any other person (other than your health advisors).
PowerBurn may provide you with the opportunity to purchase MyZone products. Should you choose to purchase any MyZone product through a link on the Website, you will be directed to MyZone’s own website www.myzone.org(or one of it’s affiliate pages). MyZone is an independent entity which is not owned or related to PowerBurn. Any purchase you make from MyZone is subject to MyZone’s own terms and conditions of sale and PowerBurn will not be responsible for any claim arising out of use of MyZone’s products.
PowerBurnStudio Membership Terms
If you register for gym membership of our studio in Thirsk, you will be subject to our Studio Terms. You can see a copy of those terms here.
The PowerBurn Website contains material which are owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics and all of the material available whether for free or for purchase through the Website. All material contained in this Website is and shall remain at all times the copyright of Powerburn Limited.You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.
You are not permitted to record any of our training sessions or other content, whether for use by you at a later time or to share with any other person.
The Website may in the future provide comment or discussion forums which allow the submission of text, images, videos or other content by you and other users (“User Content”) and the hosting and publishing of such User Content. You understand that whether or not such User Content are published, we do not guarantee any confidentiality with respect to any User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
You represent and warrant that:
(i)you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on the Website and in accordance with these Terms; and
(ii)whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of, display and broadcast the User Content in connection with the Website and our business, including without limitation to grant access to the Website to third parties to view the User Content(and derivative works thereof).
(iii)you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libelous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or mis state your true identity.
Any breach of the above warranties will result in the user’s account being immediately terminated and may result in the user becoming liable to legal action.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
You understand that when using the Website, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect there to, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
This Website is provided “as is” without any representations or warranties, express or implied.We make no representations or warranties in relation to this Website or the information and material provided on this Website. We do not warrant that this Website will be constantly available, or available at all; or that the information on this Website is complete, true, accurate or non-misleading.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
All content provided on the Website is provided purely for information purposes only. You should not rely upon any information you find on the Website or make any decision based upon it. All decisions in relation to any commercial or other matter must be taken at your own sole risk and based upon appropriate advice from relevant professionals. We do not accept any liability whatsoever for any information you may obtain from the Website.
We do not provide any warranty as to the suitability of the information and material found or offered on this Website for any particular purpose. Your use of any information or material on this Website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any materials, services or information available through this Website meet your own specific requirements.
You acknowledge that information and material found or offered on this Website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and the use of this Website(including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
HEALTH AND SAFETY DISCLAIMER
You should always consult your doctor or other healthcare provider before changing your diet or starting a new exercise program.
You understand and accept that there is always a risk of injury associated with participating in any exercise program or training session.
Before accessing any of our training sessions or other content, you confirm:
(i)that you are in good physical condition and have no known disabilities that might otherwise be detrimental to your health or well-being;
(ii)that youare accepting full responsibility for any and all damages, injuries, or losses that you may sustain or incur as a result of participating in any exercise programme, training session or other physical activity; and
(iii)that you hereby waive any and all claims against Powerburn Limited, its employees, contractors or agents, in relation to any injuries or damages that you might sustain.
Any health or nutritional advice or recommendations made by Powerburn, its employees, contractors or agents are provided for information purposes only. You should not rely on such advice without carrying out your own research and taking advice from registered health professionals or nutritionists. Powerburn, its employees, contractors and agents cannot be responsible for any results you may or may not experience as a result of following any such advice or recommendations, including any claims for damages, loss or injury arising therefrom.
Limitations and exclusions of liability
Our liability to you in relation to the use of our Website or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Powerburn Limited and its employees, agents and contractors will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from this Website.
Powerburn Limited and its employees, agents and contractors will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.
Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.
By using this Website, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use this Website.
Without limiting any of the above terms, the total aggregate liability of Powerburn Limited shall not exceed the purchase price of the product purchased by the user.
If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.
You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including,without limitation,legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.
This Website may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. We provide these links for your convenience only but do not endorse the material on those sites.
The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.
If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or un enforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.
If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
We may revise these Terms from time-to-time. Revised Terms will apply to the use of our Website from the date of the publication of the revised Terms on our Website. Please check this page regularly to ensure you are familiar with the current version.
Exclusion of third party rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.
The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
These Terms constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.
Jurisdiction and governing law
These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.