Terms & Conditions
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms & Conditions and Platform (refer to Clause 8), the purchase and renewal of subscriptions to the Platform (refer to Clause 2) and limitations of liability (refer to Clause 7.1). The following additional terms may also apply to you:
– Products Addendum: the provisions in the Products Addendum form part of the Terms & Conditions and create a legally binding agreement between you and AMV Fitness in relation to orders that you place for products on the Platform (excluding subscriptions to the Platform, which is governed by Clause 2 of these Terms & Conditions).
– Group Community Guidelines Addendum: the provisions in the Group Community Guidelines Addendum form part of the Terms & Conditions and create a legally binding agreement between you and AMV Fitness where you sign up to, or participate in, the Group.
– Postpartum Addendum: the provisions in the Postpartum Addendum form part of the Terms & Conditions and create a legally binding agreement between you and AMV Fitness where you participate in the Postpartum workout plans offered by AMV Fitness on the Platform (the “Postpartum Program”).
– Additional Terms: If you live in certain countries, the Additional Terms found at the end of these Terms & Conditions may apply to you. These Additional Terms override the other terms of these Terms & Conditions below to the extent of any inconsistency.
Welcome to the AMV Fitness community!
These terms & conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms & Conditions”) apply to your use of (and subscription to) the AMV Fitness website, AMV Fitness mobile application (“AMV Fitness App”), blog, Group made available to you by AMV Fitness (at Facebook premium group/s and via the AMV Fitness App, “Group“), online shop or one of our other products or services, all of which are part of AMV Fitness’s platform (the “Platform”).
These Terms & Conditions are entered into by and between you as a user (referred to as “User”, “you” or “your”) and AMV Fitness and its affiliates (referred to as “AMV Fitness”, “we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with AMV Fitness in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms & Conditions. The offering of the Platform to you is conditional on your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you must not access or use the Platform.
1.2 User Account Creation
To use certain features of the Platform, you will need to create a user account (each, a “User Account”) by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account and/or personal Facebook profile login in order to access the Group hosted on the Platform and/or Facebook. Please provide accurate and current information when creating your User Account.
AMV Fitness may, at its sole discretion:
a. Limit the number of User Accounts that you may create or maintain;
b. Stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
c. refuse to create a User Account for you.
By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). AMV Fitness is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.
You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the AMV Fitness team in writing at email@example.com of any unauthorised use of your User Account or any other breaches of security.
1.4 Suspension and Termination
AMV Fitness will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.
You can choose to subscribe to the Platform either on a monthly (minimum 3 months contract), quarterly or annual basis, or for such other periods that AMV Fitness may offer from time to time, and the applicable fees are set forth on the AMV Fitness webpage (https://www.amvfitness.com) or on the applicable app store from which the AMV Fitness App can be downloaded.
Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
AMV Fitness reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe and/or join the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
2.2 Free Trials
We may provide a free trial subscription for a fixed period of time, as determined by AMV Fitness in its sole discretion. Unless otherwise stated by AMV Fitness in respect of specific promotions, free trials are only available to new AMV Fitness users, and AMV Fitness reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under “Automatic renewal of subscription”.
2.3 Payment Details
You can pay the fees for your subscription on the AMV Fitness website or AMV Fitness App either through a credit card, PayPal payment or Stripe payment, which will be taken over the phone when you subscribe or through an invoice sent to you by AMV Fitness. The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription, program or a plan. AMV Fitness reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
2.4 Automatic renewal of subscription
Your subscription will automatically renew unless you cancel at least forty-eight (48) hours before the end of the current billing period. However, you may cancel your subscription at any time by calling or emailing AMV Fitness at firstname.lastname@example.org. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
2.5 Cancellation and refund of subscription fees
Where you have subscribed for the Platform through our website, phone or email you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform (the “Cooling-off Period“):
a. If you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends fourteen (14) days after you start the free trial – if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
b. If you purchase a subscription, you agree that the Cooling-off Period is available for fourteen (14) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
Following the expiration of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund. Any good-will refunds are at the complete discretion of AMV Fitness and are not compulsory.
3.1. By using the Platform, you confirm that you will not use the Platform for any of the following:
a. Unlawful Activity – any activity that:
(i) involves proceeds from any illegal or unlawful activity;
(ii) publishes, distributes or disseminates any illegal or unlawful material or information; or
(iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which AMV Fitness or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).
b. Unauthorised Use – any activity that:
(i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform;
(ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach;
(iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform;
(iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted;
(v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform;
(vi) uses the User Account information of another person to access or use the Platform; or
(vii) transfers access or rights to your User Account to a third party.
c. Abusive Acts – any act that:
(i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person;
(ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or
(iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
d. Fraud – any act that:
(i) attempts to defraud AMV Fitness or any other person; or
(ii) provides false, inaccurate or misleading information to AMV Fitness.
3.2. Contributed Content
a. You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, Group or chatroom, and any comments, feedback or ideas that you send to AMV Fitness) (“Contributed Content”) and expressly agree not to submit or upload any Contributed Content which:
(i) advertises or promotes any services or brands (with respect to you or any third party);
(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
(iii) you know not to be true and honest, or which spreads false or misleading statements;
(iv) you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
(v) impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
(viii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
(ix) may expose AMV Fitness or other Users to any harm or liability of any kind; or
(x) is contrary to any Applicable Laws.
b. AMV Fitness has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion:
(ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform
c. You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws. Until you expressly let us know in writing that we are not allowed to use your content you accept that AMV Fitness can use any and all content (including but not limited to; images, videos, documents, etc.) that you upload or provide to us at our full discretion permissible by applicable laws.
4.1. AMV Fitness shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of AMV Fitness’s control.
AMV Fitness will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
4.2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
4.3. You acknowledge and agree that AMV Fitness shall not have any liability or be responsible in any way for:
a. Your use of the internet to connect to the Platform or any technical problems, system failures or security breaches;
b. The hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or
c. Any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
4.4. You must immediately notify the AMV Fitness team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
4.5. Users may also be required to download and install updates to the AMV Fitness App so as to maintain access to the Platform and its services. A User’s failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
5.1. AMV Fitness’s ownership of the Platform
All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by AMV Fitness, its licensors and other providers of such material and are protected by Applicable Laws.
You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
5.2. User’s license to use the Platform.
a. You are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from AMV Fitness
b. You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
c. You may not use any data mining, robots or similar data-gathering or extraction methods.
AMV Fitness reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
5.3. Contributed Content
a. By posting or otherwise providing Contributed Content, you grant AMV Fitness a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide license and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
b. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide AMV Fitness with such Contributed Content.
In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties (“Third Party Content”). Unless expressly stated otherwise, AMV Fitness does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. AMV Fitness is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that AMV Fitness is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
7.1. Limitation of Liability
(a) Death or personal injury resulting from the negligence of AMV Fitness or its Associated Parties (as defined in Clause 7.1 (b). below);
(b) Fraud or fraudulent misrepresentation;
(c). Any other matter that cannot be excluded or limited under Applicable Laws; or
(d) The indemnities set out in Clause 7.3 and paragraph 1(c) of the Postpartum Program Addendum (where applicable).
b. Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
(i) In no event shall AMV Fitness, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Associated Parties”) be liable for any:
(A) Indirect or consequential loss; or
(B) Loss of profit, business opportunity, anticipated savings, revenue or goodwill,
(b) GBP 100.00.
(a) To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of AMV Fitness are provided on an “as is” and “as available” basis and AMV Fitness expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, AMV Fitness does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
(b) The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, AMV Fitness is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand AMV Fitness and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(a) Your use of, or conduct in connection with, the Platform;
(b) Your breach of these Terms and (&) Conditions or any other policy;
(c) The Contributed Content you provide; or
(d) Your violation of any Applicable Laws or the rights of any other person or entity.
You will provide AMV Fitness and the Associated Parties with any assistance that AMV Fitness and the Associated Parties reasonably requests in defending any such action or proceeding.
9.1. If you have any questions, feedback or complaints, please contact the AMV Fitness team at the following email address: email@example.com. Alternatively, you can contact the AMV Fitness team by completing a contact form (available at this webpage: https://www.amvfitness.com/amv-home/get-in-touch) or through the chat function on the AMV Fitness website.
9.2. These Terms & Conditions (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by English Law. The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with these Terms & Conditions.
10.1. FORCE MAJEURE EVENT
A “Force Majeure Event” means any event beyond AMV Fitness’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
If a Force Majeure Event occurs that affects AMV Fitness’s ability to perform its obligations under these Terms & Conditions, the AMV Fitness team will contact you as soon as reasonably possible to notify you and AMV Fitness’s obligations under these Terms & Conditions will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
10.2. Data Privacy
If any provision of these Terms & Conditions is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
10.6. Relationship of the parties
Nothing in the Terms & Conditions:
(a) Is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or
(b) Shall give rise to any fiduciary or equitable duties owed by AMV Fitness to you.
10.7. Third party rights
A person who is not a party to these Terms & Conditions has no right whether by applicable statute or otherwise to enforce any term of these Terms & Conditions.
These provisions apply to orders that you place for products on the Platform (excluding subscriptions to the Platform, which are governed by Clause 2 of the Terms & Conditions). If you do not agree to these provisions, you must not place any orders on the Platform.
By placing an order on the Platform, you confirm that you are of legal age in your country or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms of Service and have not been previously suspended or removed from using the Platform.
1.2. Placing an order
You can place an order on the Platform by navigating to the “Shop” tab on the AMV Fitness webpage and following the process for checking out once you have selected the products that you would like to purchase. When using the AMV Fitness webpage, you may need to set your browser to accept both functional cookies and pop-ups in order to be able to use all the functionalities of the Platform, which includes adding items to your shopping cart and placing an order. If there are any errors in your order, please contact the AMV Fitness team immediately using the details set out in Clause 9 of the Terms & Conditions.
After you have submitted an order by checking out on the AMV Fitness webpage, we will send an email acknowledging receipt of your order to the email address that you have provided as part of your opening of your User Account. Once the products have been shipped, we will send another email to your email address confirming this (“Email Confirmation”). The Email Confirmation will be our acceptance of your order and the provisions of these Terms & Conditions will become binding on you and us in the form of a contract (the “Contract”). We suggest that you print a copy of these Terms & Conditions and the Email Confirmation for your future reference and records.
1.3. AMV Fitness’s right to reject your order or cancel a Contract
AMV Fitness expressly reserves the right to reject your order for any reason, in its sole discretion. Where your order has been rejected, you will not be charged for that order. AMV Fitness also expressly reserves the right to cancel a Contract for the following reasons, without being liable for any damage or costs other than the repayment of the amount received from you in relation to the canceled Contract:
(a) You do not meet our eligibility requirements, as set out in Clause 1.1;
(b) The ordered products are unavailable (including where they are not in stock);
(c) The billing or shipping information that you have provided is not correct or cannot be verified;
(d) Based on our internal checks, your order is identified as an unusual order or an order that might be fraudulent;
(e) The price that was displayed on the Platform for the relevant product was incorrect / erroneous; or
(f) A Force Majeure Event has occurred (please refer to Clause 10.1).
1.4. Data checks
AMV Fitness may run some checks on any orders that you place on the Platform, including verification of the delivery address and the payment details that you have provided. AMV Fitness may also carry out checks for security reasons and to identify fraud. AMV Fitness reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
1.5 No purchase for resale
The digital products (e.g. ebooks, training videos) that are available on the Platform are intended solely for direct sale to end consumers, and therefore the purchase of such digital products for resale (i.e. purchase with the intention for reselling the products to other consumers, business or third parties) is strictly prohibited. AMV Fitness reserves the right to take any action to prevent resale of digital products, including restricting sales to you and canceling any orders made by you.
1.6 Third party products
We may add products from third parties and/or affiliate websites that we believe would be beneficial to our customers and/or clients. We have no control over these products or the businesses selling these products, as such we will not be held liable for any matter relating to these products, including but not limited to; product availability, product support, product quality and/or information accuracy, product suitability, product shipping and/or tracking or any other matter relating to the specific product. We simply provide information we are given by specific websites and all orders and information provided to us are as is at the time of purchase.
If a product is not sold by us, when you click on the button underneath the product description, you will be taken to the vendor’s website to complete your purchase. Any product information and/or accuracy of information should be treated as correct on the product vendor’s website and not on ours.
When purchasing our products from AMV Fitness you will be allowed to add the product to cart, go to checkout and make a direct payment to us for a specific product and/or service. If this process does not take place (or you are taken to another website to complete your order), we do not own this product/service and as such we cannot be held liable for it in any way.
The only exception to this would be when you are finalising the purchase of a product from AMV Fitness you would be taken directly from AMV Fitness website at the time of your purchase to a third party payment provider. In our case this will be either Stripe or PayPal to make the payment, you should then be redirected back to our site once you have paid for the product and/or a service.
When you have finished your purchase on AMV Fitness website, you will receive a receipt or invoice from us (AMV Fitness) outlining your purchase and this will be sent to the email address you provided us at the time of your purchase.
2.1. Prices and Currency
The prices of products in an order will be at the prevailing prices displayed on the Platform when you check out. You will be able to verify the total price of your order prior to placing the order – this total price will include the price of all products as well as applicable shipping costs and taxes.
While prices for products may change over time on the Platform, these changes will not affect any orders that we have confirmed via an Email Confirmation.
While all payments made on the Platform for products that you order will be charged in Great British Pounds (GBP) and the invoice that you receive from AMV Fitness will be denominated in GBP, you can choose to view the prices of products in your local currency on the Platform before you pay for the item (the conversion rates are performed by a third party payment processor and we do not have control over currency exchange rate).
This conversion into your local currency is only for reference and may not always reflect the prevailing market currency conversion rate. Where the credit card or PayPal account that you use to pay for your order is denominated in a currency other than GBP, you may be charged administrative and/or currency conversion fees by the applicable bank or service provider – you acknowledge and agree that you will be responsible for any such fees and that the prices listed on the Platform excludes such fees.
2.2. Payment methods and processing
You will only be able to make payment for your orders using the methods set out on the order checkout page on the Platform – these methods include PayPal and credit cards (via the Stripe platform). Please do not attempt to use any other payment methods as you may risk the loss of any payments made – AMV Fitness will not be responsible or liable for any such losses.
Upon submitting your order on the AMV Fitness webpage, the PayPal account or credit card (as applicable) that you selected will be charged for the amount on the order (including the applicable shipping charges and taxes).
2.3. Title transfer
AMV Fitness will retain the title in any products that you have ordered until full payment of the total price (including applicable shipping costs and taxes).
AMV Fitness will happily ship your orders for products within the UK and to certain locations around the world. Based on where the merchandise is being shipped to we may use different shipping providers. It is at our sole discretion which providers we use for shipping and cannot use customer preferred shipping providers.
Shipping and delivery information including delivery times will be sent to you once the order is accepted by us and our preferred shipping provider. The tracking will be handled by our shipping provider (if the tracking is available from the shipping provider and/or purchased at an additional charge by you [the customer]).
4.1. Cancellation of orders before shipment
Prior to an order being shipped by us, you may be able to cancel that order and receive a full refund of the purchase price and the shipping costs. However, we begin processing orders placed through the Platform promptly, and therefore, if you wish to cancel an order, please notify us as soon as possible at the following email address: support@AMV Fitness.com.
4.2. Returning orders after shipment
Once an order has been shipped, you may exercise your statutory right of withdrawal by informing us of your desire to return the product within thirty (30) calendar days after the product is delivered to you. We require that your request to exercise a right of withdrawal is supported by proof of purchase (e.g. an invoice issued by AMV Fitness). To exercise this right, please contact the AMV Fitness team using the details set out in Clause 9 of the Terms & Conditions.
In exercising your right to withdraw, you must return the products to us without undue delay (and at your own cost) and no later than thirty (30) calendar days after you have first informed us of your desire to return the product. Upon our receipt of the returned products, we will refund the purchase price excluding shipping costs (or any other non-refundable charges that we have incurred during the shipping process) through the payment method that you used in placing the order.
Please ensure that the returned products are complete (e.g. all original packaging, accessories and/or documentation must be intact) and not used in any way. If you do not do this and this results in a reduction in the value of the product, we can hold you liable for such diminished value.
4.3. Defective products
At AMV Fitness, we want you to be completely satisfied with your purchase. If there’s an issue with your item, or it wasn’t as you expected, we’re here to help! Please refer to Clause 9 in the Terms & Conditions for details on how to contact the AMV Fitness team for any queries you may have.
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. We also note that AMV Fitness is under a statutory duty in some countries to supply products that are in conformity with the terms of the relevant Contract and nothing in these Terms & Conditions will affect your legal rights. In making a request to return defective products, please provide us with your proof of purchase (e.g. an invoice issued by AMV Fitness). In the event your claim is justified, the purchase price and the shipping costs will be refunded.
FORCE MAJEURE EVENT
Where a Force Majeure Event takes place and you no longer wish to receive the products you have ordered under a Contract, you may cancel the relevant Contract and receive a full refund of the purchase price and the shipping costs for the affected products.
FORUM/GROUP COMMUNITY GUIDELINES ADDENDUM
The AMV Fitness Group is a dedicated place for women to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!
We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!
- Always be polite and respectful towards others.
- Profanity is discouraged and will be moderated.
- No bullying/harassment or malicious comments.
- Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc).
- Don’t post pro-anorexia/suicide/self-harm related content.
- Don’t post links to other sites that violate the Group guidelines.
- Spam, commercial advertising and self-promotion will not be tolerated.
- Use your discretion when posting personal information about yourself– do not post anything that you wouldn’t be happy sharing publicly online; this is not a private Group and this information can be accessed by anyone at any time – see the section ‘Sharing information in the AMV Fitness Group’ below for further details.
- We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory.
- AMV Fitness does not endorse anything posted by Group Users and has no responsibility for how the information that you choose to post in the Group is used.
If you find a post that you feel violates these guidelines, please flag it to the Group admin.
If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the Group and/or remove you from the Group, as outlined in the suspension and termination section of the Terms & Conditions.
The Group is a public Group, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.
Always remember that when you share content in the Group, other people can screenshot or reshare that content. As the Group is public, information posted in the Group may be searchable via third party internet search engines (such as Google), websites and apps.
- If you do choose to share information which can be linked to you, be careful about what you post.
- We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public Group.
- Do not share personal information about other people or content that you do not have the right to share in the Group.
- We have no responsibility over the information that you choose to post in the Group.
- Remember that if you choose to use your real name for your Group username, then your posts can be linked back to you personally.
- If you choose to link your Instagram name to your Group account, then it will be possible for people to find your Instagram page via the Group and link your Group posts back to you personally.
POSTPARTUM PROGRAM ADDENDUM
These provisions apply when you participate in the Postpartum Program offered by AMV Fitness on the Platform. If you do not agree to these provisions, you must not participate in the Postpartum Program.
When participating in any of the Postpartum Programs, you represent, warrant and acknowledge the following:
(a) You are participating in the Postpartum Program entirely at your own risk, and acknowledge that if you make any modifications to the Postpartum Program while participating in the Postpartum Program, or if you undertake, while pregnant, any AMV Fitness Program or workout not recommended by AMV Fitness, you also do so entirely at your own risk. In addition, you understand that, in participating in the Postpartum Program, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Postpartum Program;
(b) You have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Postpartum Program;
(c) AMV Fitness makes no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, AMV Fitness is not aware of and cannot determine your individual suitability for the Postpartum Program. To the maximum extent permitted by Applicable Laws, you will indemnify AMV Fitness and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys’ fees, in any way arising out of, in relation to or in connection with directly or indirectly:
(i) Your participation in the Postpartum Program; or
(ii) Your breach of any of the provisions of the Postpartum Program Addendum;
(d) Any information provided by you to AMV Fitness in connection with the Postpartum Program, including the fact that you have received medical clearance to participate in the Postpartum Program, is true, and you further acknowledge that AMV Fitness has relied on this representation in assuming that you can participate safely in the Postpartum Program; and
(e) You know that you need to stop exercising and seek medical advice if at any time during or after having undertaken any exercise as part of the Postpartum Program, you feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Postpartum Program, or at any time thereafter).