Terms & Conditions

At home wellbeing is an online fitness and wellbeing platform which delivers on-demand workouts, tracks your activity and provides health and wellbeing advice.

Operate the services by At Home Wellbeing Ltd via our website available at https://www.athomewellbeing.com/ (the “Site“) or any other website, device or platform, along with the App which is available on iOS and Android devices (the “Athomewellbeing App“), and any other services that we may provide in relation to the services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“).

These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply whether you are a user that registers an account with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.

By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Medical Disclaimer. Please read these Terms carefully before you start to use our Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.

GENERAL

  1. These Terms were last updated on 10th September 2020.

  2. The Services are operated by AthomeWellbeing Ltd (“us“, “we“, “our” or “AHW“). Further information about AHW, including how to contact us, is set out in section 13, below.

  3. You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.

  4. The Services are only available to legal residents of the United Kingdom and Ireland.

  5. We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (https://www.athomewwellbeing.com the “Site“) with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

 

THE ATHOMEWELLBEING SERVICES

  1. In order to use the AHW Product and access classes within the AHW App you will need to create an account with us.

  2. You can sign up for a 7 day free access to the AHW App ( “7 day Free Service“). The 7-day free service gives you full access to the App and all its functions.  We reserve the right to change or discontinue the 7-day free Services (or any part thereof) in accordance with Section 7.11.

  3. After the 7 day free period you will automatically subscribed to the full monthly membership (Full membership), if you do not wish to continue your subscription beyond the 7 day free period then you must cancel your subscription through the my account area within the App or website within the 7 day free period (https://www.athomewwellbeing.com) (as set out in Section 10 below)

  4. If at any time you Cancel your subscription you will lose access to the AHW services and your stored activity data.

  5. The 7 day free service and the Full membership Services are together referred to as the “Services“.

 

RIGHTS WE GRANT YOU

  1. The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of AHW and/or third party licensors.

  2. We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.

  3. You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.

  4. If we find that you have made unauthorised use of the Materials found on the Services we may terminate this licence at any time (and without notice).

 

YOUR USE OF OUR SERVICES

  1. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

  2. You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.

  3. You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).

  4. You agree that you will comply with any applicable third party terms of agreement when using the Services.

  5. You agree that your use of the 7 day Free Services will be reasonable and you will not abuse the 7 day Free Services.

  6. You understand that you can only use the Product ona. an iOS device running one of the last 2 major versions of the iOS operating system. For illustrative purposes only, if the most recent version of the iOS operating system is iOS 11.2.4, your device’s operating system must be iOS 10.0.0 or later.b.an Android device running one of the last 3 major versions of the Android operating system. For illustrative purposes only, if the most recent version of the Android operating system is Android 11, your device’s operating system must be Android 9 or later.

 

You agree that you will not:

  1. impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes

  2. use the Services for any commercial or business purpose or the benefit of any third party;

  3. sell, transfer or try to sell or transfer an account with us or any part of an account;

  4. contravene any regulations or requirements of any network connected to our Services;

  5. disrupt or interfere with our Services or networks or servers that provide our Service;

  6. use virtual private networks, false email addresses or any other means to mask your identity;

  7. attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;

  8. disable or modify any copy protection technology used on our Services;

  9. not to alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services;

  10. collect, harvest or ‘scrape’ any data from any web pages contained in our Site;

  11. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;

  12. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;

  13. do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation;

  14. interfere with another user’s use and enjoyment of the Site or the Services; or

  15. use our Services in any other way not permitted by these Terms.

  16. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN

  1. Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.

  2. If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:

  3. a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;

  4. a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;

  5. a description of the copyright works that you claim have been infringed;

  6. your full name, address and telephone number and a valid email address on which you can be contacted;

  7. a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and

  8. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.

  9. Please send the notice containing the above information by email to info@athomewellbeing.com 

  10. Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.

  11. We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.

 

MEDICAL DISCLAIMER

  1. As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in live or video-on-demand classes, activities and any other products and/or services which are provided by third party instructors via the AHW platform (the “Session(s)“). You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that the Sessions together with any health, fitness and nutritional information are provided by third parties and we take no responsibility for such content. Please read our Medical Disclaimer for more details.

  2. You acknowledge that some of the Sessions may be physically demanding and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part and that your participation in the Sessions will not pose any unusual or serious risks to your health and well-being. By accessing our Services and taking part in any of the Sessions you warrant and represent that you are fit and healthy to take part in the Sessions.

  3. You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the Sessions. If you are between the ages of 16 and 18, you agree that your legal guardian has reviewed and agreed to the Medical Disclaimer.

 

LIMITATION OF LIABILITY

  1. Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

  2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.

  3. We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

  4. Any liability we do have for losses you suffer (other than those mentioned in Sections 7.1 and 7.5) is strictly limited to the purchase price of the relevant subscription and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.

  5. Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.

  6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.

  7. We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.

  8. We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

  9. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.

  10. There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.

  11. We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Full membership Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the 7 day Free Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the AHW Full Membership then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the AHW Full membership services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

 

INDEMNIFICATION

  1. To the fullest extent permitted by law, you agree to indemnify and hold AHW harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:

  2. your breach of these Terms;

  3. any allegation that any materials that you submit to or post on our Services infringe or otherwise violate the rights of a third party; and

  4. your access or use of our Services.

 

AHW Full membership​

  1. AHW operates a 7 day Free period  (“7 days free“) for access to the Full Membership Services.

  2. You can activate your 7 days free period on our Site or via the App selecting your chosen subscription option and submitting your payment details. You will not be charged until the end of the 7-day free Period. If you decide that you do not want to become a paying user of the Full Membership Services at the end of the 7 day Free Trial Period, you have to cancel your membership Services in accordance with section 10.2. You may only use this 7-Day Free Period once.

  3. You can purchase a subscription

  4. On our App, Adyen is the payment service provider that process the payment.

  5. Your subscription will automatically renew at the end of your subscription period until you decide to cancel. You must cancel at least 72 hours before the end of your subscription period, otherwise it will be automatically renewed for another period.

  6. If you have a discount code, you must enter this and purchase your subscription on the Site only. Your subscription will automatically renew at the full price for the relevant subscription at the end of your subscription period unless stated otherwise at the time of receiving your code.

  7. You agree that all sales by us to you of subscriptions are final and that we will not refund any transaction once it has been made.

  8. If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

  9. We may change the pricing for the subscriptions offered through the Services at any time. You are only allowed to obtain subscriptions from us or our authorised partners through the Services, and not in any other way.

  10. Without limiting section 4.8, if we suspend or terminate your account in accordance with these Terms you may lose the remainder of any subscription that you may have and we will not compensate you for this loss or make any refund to you.

  11. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase.

  12. In order to access the AHW Full Membership Services and access all classes within the App you will need to purchase a subscription or activate a free trial. The charge for the subscriptions you can purchase shall be as stated at the time you place the order, except in the case of obvious error.

 

YOUR RIGHT TO CANCEL YOUR FULL MEMBERSHIP

  1. 14 day cancellation right

  2. Once you have purchased a subscription, you have the right to cancel and be reimbursed for all payments received within 14 days of receipt of your request. Please note that if you choose to download any of the content which forms part of the AHW Product at any time from when you have purchased a subscription to the expiry of the 14 day period, or if you have used the AHW device, you may lose this right.

  3. How to cancel
    You can cancel your subscription through the ‘My account’ section on your app or via the website membership portal (https://athomewellbeing-uk.perfectgym.com/ClientPortal2/#/Login)

  4. Effects of cancellation
    If you cancel your subscription in the first 14 days, your subscription will expire immediately.

  5. After the first 14 days of your subscription have expired, your subscription is non-refundable.

  6. If you cancel your subscription outside of the circumstances set out in section 11.1, your subscription will expire at the end of your subscription period and no refund will be provided.

 

Third Parties


Third Party Providers:
Stronger Wellness, Vita Health Group, GP-DQ, RightAngled, CotsWold PT, GB Rowing, Swim England, RLSS, British Triathlon Federation, Chris Cook, Chris Foster Nutrition, My Active Discounts, Paul Edmondson Mobility, Josh Keating, Gareth Keating, Your Property Square, Sophie Bostock.

 

1. Third-party applications and services:
AHW provides services supported by third-parties including but not limited to retail, physiotherapy, medical, personal training. When using such an application, you will be redirected to a separate website, wholly unconnected to AHW, with separate terms and conditions with which you shall comply. No financial benefit is received in this regard by AHW and no responsibility will be accepted by AHW in relation to any transaction between you and a third party. The rights and obligations between you and the third party are executed in reference to the relevant agreement, terms or rules.

1.1 When you use services provided by a third-party, the third-party developer will obtain your personal data and content with your authorisation. You must be clear that AHW is not responsible for any disclosure of information that may occur after the personal data and content information is provided to a third-party.
1.2 AHW has the right to audit and manage the services provided by the third-party. AHW has the right to inactivate the third-party application without notifying you. AHW will not be responsible for such impact or loss. However, AHW will endeavor to protect your rights against infringement.
1.3 Any dispute between you and the third party will be resolved by yourself and them, and the relevant liability and compensation shall be borne by the third party alone, not by AHW.

OTHER IMPORTANT TERMS

1. We collect personal information about you through your use of our Services. All information that we collect about you is subject to our Privacy Policy.

2. When you access any of our Services using an Apple device, you agree that:

  1. these Terms are concluded between you and AHW only, and not with Apple, and AHW, not Apple, are solely responsible for the Services and the content thereof;

  2. the licence granted to you to use the Services as set out in section 2.2 is a non-transferable license to use the Services on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Services may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;

  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;

  4. AHW is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be AHW’s sole responsibility;

  5. Apple is not responsible for addressing any claims relating to the Services or the your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

  6. in the event of any third party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, AHW, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and

  7. These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).

  8. If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.

  9. This contract is between you and us. No other person has any rights to enforce any of its terms

  10. Provisions which by their terms or intent are to survive termination of these Terms and will do so.

  11. You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.

  12. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

  13. These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.

  14. These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.

HOW TO CONTACT US AND FURTHER INFORMATION​

  1. We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.

  2. If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: info@athomewellbeing.com

The Services are operated by At Home Wellbeing Services Limited

(registered in the UK with company number: 12728700)

Located at:

Long Barn, Russel Street, Great Comberton, Worcestershire, WR103DT