1.1 Thank you for visiting www.banksphysique.com (“the Website”). The Website is operated and owned by Leadership Wellness Management Group (“we”, “us”, “our” or “Banks Physique”). Registered in The United States.
By subscribing to Banks Physique via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for subscription to Banks Physique has been accepted by Banks Physique in accordance with these Terms and Conditions, you shall become a member of Banks Physique (“you”, “your”, or “Member”).
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for Membership to Banks Physique. Banks Physique reserves the right to deny services to anyone and to refuse any applications for Membership, in its own discretion, and no-one shall become a Member of Banks Physique until they receive a confirmation email from Banks Physique confirming that their application for Membership has been accepted.
All Membership Fees are payable one calendar month in advance, in accordance with Clause 7 below.
4.3 Where we will accept payment during the first (1) month’s Membership subscription. Unless you tell us you no longer wish to continue your Membership subscription after this first (1) month discounted period by submitting a cancellation request to us via the cancel my membership page at least ten (10) Working Days notice before your discounted Membership subscription period ends, your Membership subscription to Banks Physique will automatically continue at the full Banks Physique Membership subscription rate outlined in Clause 5.2 above, or at the rates detailed on the Website at the time your full Membership subscription is due.
4.6 If at any time during your subscription we decide to increase the price of an Banks Physique Membership subscription, we will give you at least six (6) weeks’ notice in advance by email to give you time to decide whether you wish to continue your subscription. If you do not wish to continue, you should let us know during this six-week period and we will cancel your subscription. This only applies to subscriptions payable monthly. 4.7 Under United States legislation, you have the right to cancel your subscription within seven (7) Working Days from the date you submit your application for subscription to Banks Physique. If this right is exercised, we will aim to refund any Membership subscription fee paid within thirty (30) days. Please contact us to cancel your subscription on this basis by submitting a cancellation request to us via the cancel my membership page, within the seven (7) Working Days notice period. Please note, this right is immediately lost should you access any of the subscriber Content contained on the Website, or if you accept any of the Banks Physique services provided through your subscription to Banks Physique.
4.8 If you wish to cancel your Banks Physique Membership subscription at any time after a Trial period or discounted periods as set out in Clauses 5.2-5.5 above, you must give us the following notice by submitting a cancellation request to us via the cancel my membership page to cancel your subscription:
- for monthly Membership subscriptions, we require at least thirty (30) days notice of cancellation; or
No refunds shall be given for any unused remaining period of your Membership subscription, for either monthly or yearly subscriptions If a Member serves notice to cancel their monthly subscription in accordance with Clause 5.8i) above part-way through a calendar month, then cancellation will not be effective until the end of the following calendar month and the Member will be charged a further one (1) months subscription fee for the calendar month during which the Member is still a Member of Banks Physique, before the cancellation takes effect.
4.9 Any promotion code or offer provided for use on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
5 Access to member-only content on the Website
5.2 Your right to use and access the Membership subscription area of the Website is personal to you, and you must not allow any other person to gain access to the Membership subscription area of the Website using your username and password. You must keep your username and password confidential.
5.3 You are entitled to use and access the Membership subscription area of the Website from the time you receive a username and password by email until your Membership subscription is canceled in accordance with Clause 5 above, or until your Membership subscription is terminated in accordance with these Terms. Your username and password will be disabled by us at the time your Membership subscription period expires, or upon termination in accordance with these Terms.
6 Payment Terms
6.1 A paid-for subscription Member is responsible for paying all sums due to Banks Physique in connection with their Membership account in accordance with this Clause 7. The first Membership subscription fee payable in accordance with Clause 5 is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) your Membership account will be charged the subscription fee for the following months (or year’s) subscription, together with any other fees for the following months subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example, for additional personal training costs incurred in the previous calendar month) (“Fees”). Failure by the Member to use any of the services available for a Member through its subscription to Banks Physique does not relieve the Member of their payment obligations under these Terms.
6.2 Potential registrants and/or Members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to Stripe’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the subscription package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The potential registrant / Member further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is canceled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal can collect the payment for Fees from the Member’s Credit Card or Debit Card provided for payment through Stripe, for Stripe to forward payment of the Fees to us directly.
The potential registrant and/or Member shall NOT send credit card details to Stripe directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal directly via the Website. Banks Physique cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
6.3 Potential registrants and/or Members should be aware that further terms and conditions required by PayPal may apply, and can be found at www.stripe.com.
6.4 Banks Physique reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no way relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Banks Physique starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.
6.5 Banks Physique reserves the right to terminate a Member’s account and/or service for any reason (including paid-for subscriptions and/or guest subscriptions), on serving notice to the Member at any time by email to the Member.
6.6 Banks Physique reserves the right to terminate a Member’s account and/or service (for paid-for subscriptions and/or guest subscriptions) immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Banks Physique in its entire discretion. The Member shall not be entitled to any refund of Fees if Banks Physique terminates Membership in accordance with this Clause 7.6.
6.7 You may terminate your Membership subscription at any time by submitting a cancellation request to us via the cancel my membership page. If we receive notice of your termination during an uncompleted calendar month, then you will not be entitled to a refund for the remaining part of that calendar month’s subscription Fee and we shall be entitled to charge you one further calendar month’s subscription fee in accordance with Clause 5.7. We shall acknowledge receipt of any termination requests we receive from you within 24 hours of receipt. If you do not receive a termination receipt email from us within 24 hours, please ensure you contact us immediately via our contact form selecting ‘myAccount support’ from the drop down category list. You may continue to enjoy the benefits of your Banks Physique Membership subscription for the time remaining of your paid-up subscription. 6.8 The Fees chargeable to paid-for subscription Members exclude any applicable value added tax (VAT), or any other applicable tax or levy, that Banks Physique may charge in addition to the Fees.
7 Our content
7.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Banks Physique or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or by Banks Physique with explicit prior written consent. Any unauthorized use of the images or other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
8 Your content
8.1 Once you have registered as a Member you may post comments on our Website in the Community Forum and/or blogs. The Member agrees to only post comments or information on the Community Forum and/or blogs in accordance with Clause 10 below and any other terms included on our Website. You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Banks Physique is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Banks Physique does not verify the accuracy or truth of any comments and/or information placed by Members on the Website and Banks Physique shall not be liable for an inaccuracies or untruths placed by Members on the Website.
8.2 You own any copyright in the text you post to our Community Forums and/or blogs within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free license to republish that text on the Website, or as part of an edited compilation anywhere in the world.
9 Community Forum
9.1 We encourage the sharing of information of our Members in our Community Forum on the Website. However, we do require you to use our Community Forum in a lawful manner and in accordance with these Terms. You may not use the Community Forum for any illegal purpose and in particular, if you want to submit material to the Community Forum you must do so under the following terms and conditions. You must not:
9.1.1 post libelous or defamatory comments;
9.1.2 post anything relating to any ongoing or pending trial;
9.1.3 post content that you have copied from someone else (i.e. you do not own the copyright);
9.1.4 use profane language;
9.1.5 post or transmit any files containing viruses or other harmful computer code;
9.1.6 post a personal insult about another user/Member or contravene the privacy of any other person on the Website;
9.1.7 post xenophobic, homophobic or racist remarks;
9.1.8 post pornography, links to pornography or links to any other inappropriate sites;
9.1.9 advertise or solicit in any manner, or use the Community Form and/or the Website for any commercial or professional purpose;
9.1.10 post the same note more than once or ‘spam’;
9.1.11 impersonate another person;
9.1.12 after receiving a warning, disrupt the flow of dialogue or post or transmit comments not related to the topic being discussed.
9.2 Please be aware the posting of information in the Community Forum is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open Community Forum and sometimes messages are posted that could be misleading. You should therefore not rely on the information within the Community Forum being accurate or complete. If you do, you do so at your own risk.
9.4 We encourage you to contact us if you ever feel a post violates our rules. Please use the Report link in the Community Forum section or by contacting us via our contact form selecting ‘Community Forum support’ from the drop down category list.
9.5 If you feel you have been threatened, damaged or abused in our Community Forum or if you believe any infringement of your rights may have occurred through this Website, please contact us via our contact form selecting ‘Community Forum support’ from the drop down category list.
10.1. Please see our separate document which details our Disclaimer in relation to the Website.
10.2 Banks Physique shall operate the Website and provide the services set out on the Website with reasonable skill and care.
10.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of Banks Physique.
11.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
10.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of the use of this Website.
10.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Member’s Membership subscription.
10.7 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
11.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
11.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
11.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Banks Physique on these Terms, that it has not relied upon any representation, undertaking or promise by Banks Physique or be implied from anything said or written between the parties prior to the contract being finalized, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by Banks Physique, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.
11.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
11.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.