Terms of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Subscription, is sold by Us to consumers through this website, www.periodizedprogramming.com (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site.
PLEASE NOTE: as the items you are purchasing as part of your Subscription are deemed digital content, and are made available to you immediately for downloading upon receipt of payment, you will lose any right you have to cancel the contract – please see clause 11
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
“Paid Content” means the digital content sold by Us through Our Site;
“Subscription” means a subscription to Our Site providing access to Paid Content for the relevant period as stated in Clause 5.1;
“Subscription Confirmation” means our acceptance and confirmation of your purchase of a Subscription; and
“We/Us/Our” means Periodized Programming Limited, a limited company registered in England and Wales with Company Number 13168064 and whose registered office is at Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom.
2. Information About Us and How to Contact Us
2.1 Our Site is owned by Us.
2.2 You can contact us by writing to Periodized Programming Limited, Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom or by emailing us at contact@periodizedprogramming.com.
3. Restrictions
3.1 You must be over the age of 18 and resident in the United Kingdom to purchase Subscriptions.
3.2 Only consumers may purchase Subscriptions and access Paid Content through Our Site. By purchasing a Subscription you are confirming that you are a consumer, and that you are not entering into this Contract in the course of a business, trade or profession.
4. Disclaimer
4.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on Our Site.
4.2 Before starting any exercise regime you should consider consulting a qualified fitness or sports adviser to ensure the regime is suitable for you and your own doctor if you are pregnant, have a medical condition or taking medication or have related concerns.
4.3 Do not undertake any exercise program, diet or treatment provided by the Site, without professional or qualified supervision.
4.4 You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. We cannot be held responsible for any injuries which may occur as a result of your undertaking exercises available on our Site.
4.5 If you have or have asthma, heart condition, growth condition or have experienced chest pains or dizziness in the last month we strongly advise you not to try any of the workouts.
16.6 Our Site is not a medical facility and no information contained in our Site or digital content provided by Us should be used to prevent, treat or diagnose medical conditions of any kind.
16.7 We make no representations or guarantees concerning the level of success you may experience by following our Paid Content or that anyone will achieve any specific results.
5. Subscriptions, Paid Content, Pricing and Availability
5.1 During the ordering process, you may be required to choose a Monthly Subscription (Monthly Subscription”) or an Annual Subscription (“1-Year Subscription”). Subscriptions automatically renew for the same period as the initial Subscription period (Monthly Subscriptions will continue to renew monthly and Annual Subscriptions will renew every 12 months for a period of 12 months) until such time as you or We terminated this agreement.
5.2 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.
5.3 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 28 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 12.1.
5.4 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
5.5 Once We have accepted a payment, you will receive/be able to access Paid Content immediately. This means that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 11.1
5.6 We aim to update new Paid Content on a monthly basis.
5.7 Once uploaded onto the Site, Paid Content will remain available for a period of 7 days, after which, those specific Paid Content videos may be removed from the Site.
5.8 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.11 regarding VAT, however).
5.9 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 5 days, We will treat your order as cancelled and notify you of this in writing.
5.10 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 12.4.
5.11 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.12 We do not charge VAT on the prices shown on Our Site. If we become registered for VAT We will give you at least 28 days’ notice of VAT Registration and thereafter all prices will be subject to VAT at the prevailing rate. Thereafter, if the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing either a Monthly Subscription or 6-Monthly Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.4 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
6.5 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.6 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
7. Payment
7.1 Payment for Subscriptions, content and online sessions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription/Payment Confirmation (this usually occurs immediately, and you will be shown a message confirming your payment).
7.2 Payment can be made by PayPal.
7.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.5. If you do not make payment within (a) 7 days for Monthly Subscriptions or (b) 14 days for 6-Monthly Subscriptions, of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at contact@periodizedprogramming.com as soon as reasonably possible to let us know.
8. Provision of Paid Content
8.1 Paid Content appropriate to your Subscription/Payment will be available to you immediately when We send you a Subscription Confirmation (but time is not of the essence). Your access to Paid Content will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract (subject to clause 7.7).
8.2 When you place an order for a Subscription, you acknowledge that you wish the Paid Content to be made available to you immediately. By confirming your order, you are acknowledging that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see sub-Clause 11.1 for more information.
8.3 All of our Paid Content may only be accessible through a third party video player (iPlayer HD), which you will need to install in order to be able to access the Paid Content. Please note that iPlayerHD terms and conditions, and privacy and cookies policy will apply when using the service. We are not, in any way responsible, for the acts or omissions of iPlayerHD.
8.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.4.1 To fix technical problems or to make necessary minor technical changes;
8.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements.
8.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.4, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 7 days]. If the suspension lasts (or We tell you that it is going to last) for more than 31 days, you may end the Contract as described below in sub-Clause 12.2.
8.6 We may suspend provision of the Paid Content if We do not receive payment on time from you as set out in clause 7.3.
9. Licence
9.1 When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restriction:
9.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
10. Problems with the Paid Content
10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
10.1.1 If the Paid Content has faults, you will be entitled to a repair or a replacement.
10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation. Please refer to sub-Clause 13.3 for more information.
10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
10.5 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
11. Cancelling Your Subscription
11.1 As a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
11.2 After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 11.3 and Clause 12, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
11.3 The cooling off period does not apply to renewals.
11.4 If you wish to exercise your right to cancel under this Clause 11, you may inform Us:
11.4.1 In writing to Periodized Programming Limited, Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom;
11.4.2 by emailing us at contact@periodizedprogramming.com;
In each case, providing Us with your name, address, email address and telephone number.
11.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however, please note that you are under no obligation to provide any details if you do not wish to.
11.6 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
12. Your Other Rights to End the Contract
12.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 5.3 or 5.5), or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
12.2 If We have suspended availability of the Paid Content (a) for more than 7 days for a Monthly Subscription; or (b) 28 days for a 6Monthly Subscription, you may end the Contract immediately, as described in sub-Clause 8.4. If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.3 If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.4 If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12.6 Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
12.7 If you wish to exercise your right to cancel under this Clause 12, you may do so in any of the ways set out in clause 11.3.
13. Our Liability to You
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
13.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
13.3.2 The damage has been caused by your own failure to follow Our instructions; or
13.3.3 Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
13.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
14. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you wish to contact Us please use the details set out in clause 2.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookies Policy. https://www.periodizedprogramming.com/privacy-refund-policy
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16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 12.1 above).
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
17.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.