Terms & Conditions
Membership terms and conditions
This document sets out the terms and conditions which apply when you decide to purchase any Services or nutritional Supplements from us, whether via our website or at one of our gym. By placing an order, you are deemed to have read and accepted these terms and conditions in full.
We use the following references in this document:-
“We”, “our” and “us” means CoActive Health. “Health Issues” means any health condition, injury or mobility issue which has been diagnosed or which you believe you may have, regardless of whether it is temporary or permanent.
“PT” means a qualified personal trainer who we employ or subcontract in order to deliver the Services to you.
“Services” means any one or more of the following:-
“Personal Training”, which comprises one-on-one sessions with a PT at our gym, together with any related nutritional advice which our PTs are qualified and competent to provide to you;
“Semi Private Training” which comprises four people training during the sessions at our gym with a PT;
“Strong Man Class” which comprises large group training under our ‘Strong Man Class’ with a PT and which we typically hold at different times in to our gym.
“Supplements” means nutritional supplements which we sell to you either via our website or in person, at one of our gyms.
Important health and safety information
- The Services that we offer predominantly involve (or relate to) lifting, pushing or pulling heavy weights and your own bodyweight, plus other strenuous exercises. We also offer nutritional advice targeted at body composition goals (but not medical issues) where our PTs are qualified and/or competent to do so.
- While we take all reasonable precautions to ensure that our Services are delivered to applicable standards of health and safety, the human body is complex and unpredictable and so, as with any form of exercise, our Services carry an inherent risk of minor and serious physical injury. Due to these risks we strongly recommend that you consult with a competent, qualified doctor before you start using our Services to identify any Health Issues that you may have and to make sure that the Services we provide (including exercise and nutritional guidance) are appropriate for you.
- Any advice that you receive from us only relates to exercise and nutrition for body composition. Our advice is not a substitute for medical advice from a doctor or from a physiotherapist, osteopath, medical nutritionist, dietician or other therapist.
- You must keep us up to date about your Health Issues during the Services. This includes telling us if you feel unwell or ‘below par’.
- You must not hold information back from us or your PT about your Health Issues because you think it may be minor, trivial or irrelevant, or you haven’t had a medical diagnosis yet.
- If you do have Health Issues we may need guidance from your doctor as to how we deliver the Services, before you commence them.
- If you suffer death or personal injury in connection with the Services, but this could have been avoided (or its effects reduced) if you had provided us with adequate information about your Health Issues or if you had consulted with a doctor, we will not accept any liability for death or personal injury which could have been so avoided (as the cause of death/injury would not have been a result of our negligence).
Liability for things that go wrong
- You enter into this contract with us as a consumer. This contract does not create any liability (directly or indirectly) as between us and any business that you work for, or which you own or any client of such a business. We therefore exclude all business- related liabilities which could potentially arise in relation to the Services.
- If you bring personal property to our gyms or anywhere where we operate then you do so at your own risk. We cannot accept liability for the loss, theft or accidental damage to your personal belongings at our gyms or other premises, but we will make secure lockers available if you need one. We must exclude this liability because the gym where we operate have a wide range of people visiting every day and we cannot supervise everybody.
- Subject to paragraph 7, we do not exclude our liability for death or personal injury where it is caused by our negligence.
- For all other losses which you suffer as a result of our acts or omissions (i.e. all except from death or personal injury), our liability towards you is capped, in financial terms, at the level of any applicable insurance policy which we have in place from time to time (we will take out insurance policies which are appropriate to our business and the risks we face).
Photographs & Videos
For Personal Training and Semi Private Training clients, we may require photographs to be taken in order to track your progress during the Services. For all Services that we deliver, we may take photographs or film the session which takes place. Copyright in all such materials belongs exclusively to us. By purchasing Services, you consent to us using these images and videos in our online and paper marketing if we choose to, save that if you are unhappy with this at any point, please tell us and we will either not publish the images or videos or take reasonable steps to ensure that people cannot identify you.
Prices & Payment
- All fees paid for Services are non-refundable.
- All prices quoted include VAT.
- Our prices for all Services are reviewed regularly and so the price for renewing a package may sometimes be greater than the price of the previous package.
- You are always required to pay for Services that we deliver to you, regardless of whether you have pre-paid or not. If Services are pre-paid and you fall into arrears, we reserve the right to stop providing the Services.
- If we agree that you may pay for the Services in installments, then you must ensure that each installment is paid on time. If an installment is not paid on time, the Services will be suspended.
Cancellations – Individual Sessions
The cancellation policy for Private and Semi Private Training is 24 hours and cancellations must be made via our website Mind and Body. Any rescheduled session must be taken within the time period that applies to the Services.
Cancellations – Packages
If you have an outstanding balance on your account that you fail to settle within 10 days of the due date, we reserve the right to cancel the Services, at which point the fees specified in accordance with Clause 26 will become due and payable by you.
You may also cancel the Services by providing us with written notice. But if you cancel, the fees specified at Clause 26 below will still become due and payable by you.
The fees that will become payable in the event that your Services package is cancelled early are as follows:
- You must pay us the full-price for all Services that we have delivered to you;
- It is your responsibility to check with your doctor before taking any Supplement. We and our PTs cannot decide whether a given Supplement is appropriate to your specific circumstances or Health Issues.
- In particular, you should ask your doctor about blood tests for mineral and/or other deficiencies before taking any Supplement and also during the period when you take the Supplement, to ensure that you are maintaining safe levels of vitamins and minerals (i.e. not too low or too high).
- All of our Supplements are purchased from reputable manufacturers and distributors. We are entirely reliant upon the manufacturers and distributors in terms of the quality of the Supplements and that they match the description on the bottle and that they conform to applicable standards and regulations within the UK and European Union.
- Your statutory rights, that the Supplements are of satisfactory quality and that their ingredients match the description contained on the label are unaffected by this Agreement.
- We do not, however, offer any warranty that the Supplements are ‘fit for purpose’ in terms of any health or nutritional benefits. Scientific evidence relating to Supplements, including in relation to its benefits and risks, is hugely varied across the world and many Supplements have not been studied scientifically at all and to any great extent. Any claims regarding risks and benefits is often anecdotal and open to question. We therefore cannot endorse or provide any warranty regarding the potential benefits or side effects of any given Supplement. Our position, in this respect, is no different to any high-street store which sells similar supplements.
- We encourage all clients to conduct their own research into a Supplement before they take it in order to decide if it is right for them and to speak with their doctor.
- The Supplements we sell are not medicines and are not intended to treat medical conditions. They are food supplements.
- The language of this Agreement has been written with the consumer in mind.
- To the fullest extent permissible under UK and EU law, this contract is governed by the law of England & Wales and is subject to the jurisdiction of the English courts. By buying our Services you are deemed to understand and agree to this.
Shop terms and conditions
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
IMPORTANT INFORMATION REGARDING ORDERING AND ORDER PROCESSING: Please note all orders received after 2.00 pm on a Monday through to a Friday for delivery by DPD and DHL will only be processed and sent out the following working day. We endeavour to send out all orders placed before this deadline the same day. Under exceptional circumstances orders may be carried over and sent the following day.
For the next day courier option, orders must be received by noon Monday to Thursday. Please note if you order on a Friday and require next day delivery Saturday you will need to select this premium DHL delivery option at checkout. Standard next day courier option on Friday for orders placed before noon will be scheduled for delivery on Monday. Standard courier option on Friday for orders placed after the mid-day deadline will be processed on Monday for Tuesday delivery.
We do not process orders on Saturdays, Sundays or Bank Holidays. The courier company will inform you of your delivery slot by text or email message. Please ensure you provide a mobile number and email address for this purpose. You will have the option of changing the slot if not suitable.
Probiotics: Due to the temperature sensitive nature of these products we do not ship these products on a Friday. This does not apply to shelf-stable probiotics.
TERMS OF SERVICE
This website is operated by CoActive Health . Throughout the site, the terms “we”, “us” and “our” refer to CoActive Health . CoActive Health 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.
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.
Our store is built using Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is processed securely via Paypal or Stripe.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us./
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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.
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.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
- Proof of purchase is required.
- Unopened items may be returned within 30 days, except for private label or heat sensitive items, which are non-returnable.
- A restocking fee of 20% will be charged.
- Prior authorization by our CSR team is required.
- Reports of damaged products or order discrepancies must be communicated to CoActive Health within 72 hours of receipt to qualify for return/replacement.
- All bar codes on product labels must be intact. Products with labels that have been altered in any way are non-returnable.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall CoActive Health , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless CoActive Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)./
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of London Road, Chalfont St Giles, BKM, HP8 4NN, United Kingdom.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us using our contact form.