Terms & Conditions
This constitutes a legal agreement between us and you. Please read it carefully. Please note that we do not provide medical advice. When following our training plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP or a professional if in any doubt. The Training Plans are not appropriate for you if you have any of the conditions, injuries or illnesses some of which are listed in clause 7.2 below, or if you are under 18 years of age. We will always inform you if we feel you are not suitable for our Training Plans.
1. INFORMATION ABOUT HOW TO CONTACT US 1.1 New Levels Coaching Ltd, a company incorporated and registered in England and Wales with company number 11603864 whose registered office is 21 Cleeve Mount, Loughborough, LE11 4SD. 1.2 You can contact us by email at firstname.lastname@example.org or by completing our contact form on our website at www.newlevelscoaching.co.uk 1.3 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us when completing any of our pre-call questionnaires. 1.4 'Writing' includes emails. When we use the words 'writing' or 'written' in these terms, this includes emails. 1.5 By submitting your contact information you agree for us to make contact with you directly in any form of contact method you have submitted. This is clearly identified on our questionnaire’s.
2. THE TRAINING PLANS 2.1 Our training plans are personalised to individuals and these will be updated on an individual account. The only generic content are pre-recorded videos which will be accessible in our members area and you will be individually directed to these, based on your running needs. 2.2 The training plans are unique to every individual athlete however we follow a coaching formula designed by New Levels Coaching Limited. Our ethos; to help runners find their potential by developing consistency and enjoyment with their own training and running. 2.3 If you choose to purchase any supplements or products recommended by us, please note that is a separate agreement between you and that company, and we give no promises in respect of that product(s) we are just simply recommending them. 2.4 The training within the training plans will be set for you as an individual. You will receive details on the exact structure to follow including; the duration or volume of training, the effort level, the frequency and repetition amounts as well as the range and amount of sets. This also includes guidance on correct lifting techniques through video links. Due to strength being such an individual consideration, weight on the resistance training section will never be specified and this is something you will have to discover yourself through carrying out the exercises. We may provide guidance, but we strongly encourage all athletes to work well within their physical capabilities. 2.5 Please ensure you complete all our forms with the correct information, so that we can safely deliver our training plans. 2.6 The photos/videos you provide to us, will need to be taken in appropriate running kit or equivalent so that movement analysis can be assessed. Please note that we take privacy extremely seriously, and we take all reasonable precautions to ensure that these photos & videos are stored securely. These photos and videos will only be shared if we have your permission to do so. Should we wish to share any videos or photos we would contact you directly before doing so.
3. CONTACT HOURS 3.1 You will have access to a members area where a live ticketing system will be available to submit any questions you have. Our office hours are outlined below, and we will respond to all questions as quickly as possible. A member of our team will reply to queries within 24 hours of office times and within 48hours out of office times. (a) Monday to Friday: 08.00 to 18.00 GMT (b) Saturday and Sunday: Closed (c) UK Bank Holidays, including Christmas and New Years: Closed 3.2 We reserve the right to change the method and hours of client support at any point during your time on the Plan.
4. KEEP YOUR ACCOUNT DETAILS SAFE 4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. 4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business. 4.3 If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us.
5. HOW YOU MAY USE MATERIAL WE PROVIDE 5.1 We are the owner or the licensee of all intellectual property rights in our training plans. Those works are protected by copyright laws and treaties around the world. All such rights are reserved 5.2 You must not use any part of the content of the training plans for any purpose other than your own running training. 5.3 Please do not share the videos that are used on our members area. If you do so we have the right to terminate your training plan, without refund.
7. OUR CONTRACT WITH YOU 7.1 When you sign all our documents using DocuSign and accept these Terms of Business and complete the order form to make your first payment, you are making an offer to purchase the training plan. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted. 7.2 Our policy is that we will not provide running plans if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Plans are not appropriate for pregnant women, children under 18 or adults over 65 years of age. We will ask all our athlete to complete a PARQ before we agree to take on any athlete on any training programme and we have the right to refuse any person onto our programmes. 7.3 You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise. This will be outlined further in our PARQ. 7.4 Our Training Plans are aimed at customers worldwide however we will only take on runners who we deem acceptable for our programme. This is in no way discriminative.
8. PROVIDING THE TRAINING PLAN 8.1 We may need certain information from you so that we can supply the training plan to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the training plan late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 8.2 Reasons we may suspend the supply of the Plan to you. We may have to suspend the supply of a Plan to: (a) deal with technical problems or make minor technical changes; or (b) update the Training Plan to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Training Plan as requested by you or notified by us to you. 8.3 Your rights if we suspend the supply of Training Plan - We will contact you in advance to tell you we will be suspending supply of the Training Plan unless the problem is urgent or an emergency. If we have to suspend the provision of the Training Plan for longer than one week in any 16-week period, we will adjust the price so that you do not pay for Training Plan while it is suspended. You may contact us to end the contract for a Training Plan if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the Training Plan in respect of the period after you end the contract. 8.4 We may also suspend supply of the Plan if you do not pay - If you chose to pay instalments and do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of any elements of the Training Plan until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply.
9. YOUR RIGHTS TO END THE CONTRACT 9.1 Rights and exclusions - You have the right to end the contact in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully. 9.2 You can end your contract with us as follows - Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract: (a) if you have just changed your mind about the Training Plan (Consumer Contracts Regulations 2013), you may be able to get a refund any time within 14 days of the order. However, as the Plans are personalised, once you start to download or stream a cycle of the Training Plan, that part becomes non-refundable. For example, once you have received Week 1, of the 12-16 Week Training Plan that Week, is not refundable. This will be calculated at a weekly cost based on the total amount paid and the length of the plan purchased. (b) if you have opted to pay by instalments: you may terminate by sending us 1 month's written notice, in which case all payments made up until the date of termination are non-refundable. (c) if you want to end the contract because of something we have done or have told you we are going to do, see clause 9.3; (d) if you are ill or injured and cannot complete a Training Plan, you may be able to get a full or partial refund upon our receipt of a valid medical report from your GP however we would always recommend speaking to us first to see if we could put your programme on hold until you’re deemed fit and healthy to participate. 9.3 Ending the contract because of something we have done or are going to do. You can end your contract if: (a) we have told you about an upcoming change to the Training Plan or these terms that you do not agree to; (b) we have told you about an error in the price or description of the Training Plan you have ordered, and you do not wish to proceed; (c) we have suspended supply of the Training Plans for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or (d) you have a legal right to end the contract because of something we have done wrong in which case you may end the contract and we will refund you in full for any parts of the Plan that have not been provided.
10. HOW TO END THE CONTRACT WITH US 10.1 Tell us you want to end the contract. If you are entitled to end the contract with us (see clause 9) and wish to do so, please let us know by doing one of the following: (a) Email directly to email@example.com 10.2 Where applicable, we will refund you the price you paid for the Training Plans, by the method you used for payment. However, we may make deductions from the price, as described below. 10.3 We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.
11. OUR RIGHT TO END THE CONTRACT 11.1 We may end the contract if you break it. We may end the contract for a Training Plan at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Training Plans; or (c) if during the Training Plan if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. If this is the case, you may be entitled to a refund however a doctor’s note must be provided. 11.2 You must compensate us if you break the contract. If we end the contract in the circumstances set out (see clause 11.1) we will refund any money you have paid in advance for Training Plans we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur, as a result of your breaking of the contract.
12. IF THERE IS A PROBLEM WITH THE PRODUCT 12.1. If you have any questions or complaints about the Plan, please contact us by writing to us by email to; firstname.lastname@example.org 12.2 We are under a legal duty to supply Training Plans that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Training Plan. Nothing in these Terms of Business will affect your legal rights. Summary of your key legal rights: This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says digital content, such as the Training Plan, must be as described, fit for purpose and of satisfactory quality: if your digital content is faulty, you are entitled to a repair or a replacement
13. PRICE AND PAYMENT 13.1 Goods must be paid for in advance - Training Plans may be paid for by either: (i) a one-off discounted payment, (ii) in advance and in full for the programme duration, or (iii) as three instalments for 12 weeks plans and 4 instalments for 16 week plans 13.2 Where to find the price of the Training Plan - The price of the Training Plan, which includes VAT, will be indicated on the order forms when you placed your order. We take all reasonable care to ensure that the price of the Training Plan advised to you is correct. However please see clause 13.5 for what happens if we discover an error in the price of the Training Plan you order. 13.3 We will pass on changes in the rate of VAT - If the rate of VAT changes between your order date and the date we supply the Training Plan, we will adjust the rate of VAT that you pay, unless you have already paid for the Training Plan in full before the change in the rate of VAT takes effect. 13.4 What happens if we got the price wrong - It is always possible that, despite our best efforts, some of the Training Plans we sell may be incorrectly priced. We will always check prices before accepting your order so that, where the Training Plan's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Training Plan's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. 13.5 What to do if you think an invoice is wrong- If you think an invoice is wrong please contact us promptly to let us know. 13.6 We are not liable for any charges that your bank may add to transactions. 13.7 You will be charged at the exchange rate available on the day of transaction.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE 14.1 We do not provide medical advice. When following a training plan, you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way. 14.2 We are not liable for business losses. We only supply the Training Plans for domestic and private use. If you use the Training Plans for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. OTHER IMPORTANT TERMS 16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation. 16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing. 16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. 16.4 If a court finds part of this contract illegal, the rest will continue in force. 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. 16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Training Plans, we can still require you to make the payment at a later date. 16.6 These Terms of Business are governed by English law and you can bring legal proceedings in respect of the Training Plans in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Training Plans in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Training Plans in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights. 16.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Terms of Business, New Levels Coaching Ltd – The Online Run Coach V1. 22/11/2018
I …………………………………………………………….. have read and fully understand all the terms and conditions identified above. By signing below, I agree to the business terms and conditions.
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