xena life ltd TERMS of Sale of DIGITAL CONTENT and products

 BACKGROUND: 

(A) These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, Subscriptions and Products, are sold by Us to consumers through this website, XENA.life: Women's health and fitness platform   (“Our Site”)

(B) Terms and information that is specific to accessing the Subscription content and some Paid Content via Our Site or through Our membership platform are set out in the attachment below only for ease of reference but they will have the same effect as if set out in these Terms of Sale. 

(C) Please read these Terms of Sale and the attachment below carefully and ensure that you understand them before purchasing any Products, Paid Content or Subscription. If you have any queries about anything in these Terms of Sale or the attachment, please contact Us to discuss the same. When purchasing from Us or setting up an Account you will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If you do not, you will not be able to purchase anything through Our Site.  

(D) All of the information that We give to you will be part of the terms of Our Contract with you as a Consumer whether it is information that We:

(i) are required by law to give to you before you order a Subscription; or 

(ii) voluntarily give to you and you rely on it either when deciding to order a Subscription or when, subsequently, you make any decision about the Subscription.

We give you some of that information before you order a Subscription and some it is set out in these Terms of Sale and the attachment below.

(E) These Terms of Sale, as well as any and all Contracts, are in English language only.

(F) These Terms of Sale apply only to the sale of Products, Paid Content and Subscriptions; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

1. Definitions and Interpretation

1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us 

2.1 Our Site, XENA.life: Women's health and fitness platform is owned and operated by Us.

2.2 We are regulated by the Health & Care Professionals Council “HCPC” and Our registration number is PH90588.

2.3 We are a member of the Chartered Society of Physiotherapy “CSP” and our membership number is CSP 081569.

3. Contacting Us

3.1 If you wish to contact Us with general questions, about your Account or for any other enquiry you may contact Us by email at info@xena.life or by post at 68 Northington, Alresford, England, SO24 9TH.

3.2 If you wish to make a complaint, please see Clause 20.

4. Consumers only and Age Restriction

Only a Consumer may purchase a Product, Subscription and access Paid Content on or through Our Site and only if that person is aged at least 18 years of age may they do so.

5. Business Customers 

These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

6. Subscriptions, Products, Paid Content, Pricing and Availability

6.1 We make all reasonable efforts to ensure that all descriptions of Products, Subscriptions and Paid Content available from Us correspond to the actual Product, Subscription and Paid Content that you will receive.

6.2 Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between Products, Subscriptions and Paid Content and their descriptions of it.  

6.3 We may from time to time change Our prices. Changes in price will not affect anything that you have already purchased but will apply to any subsequent purchase or renewal or new Subscription. We will inform you of any change in price at least 14 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 15.1.

6.4 Minor changes may, from time to time, be made to certain Subscriptions or 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 and should not normally affect your use of that Subscription or Paid Content. However, if any change is made that would affect your use of suitable information will be provided to you.

6.5 Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions

6.6 In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Subscription or Paid Content. If We do so, We will inform you at least 14 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 18.1.

6.7 Where any updates are made to the Subscription or Paid Content it will continue to match Our description of it as provided to you before you purchased your Subscription or the Paid Content. Please note that this does not prevent Us from enhancing the Subscription or Paid Content, thereby going beyond the original description.

6.8 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 for a Subscription that you have already placed.

6.9 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 14 days, We will treat your order as cancelled and notify you of this in writing.

6.10 If We discover an error in the price or description of your purchase 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 13.4.

6.11 If the price of anything that you have ordered from Us 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.

6.12 All prices on Our Site include VAT. 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. 

6.13 Some of Our content which forms Paid Content or a Subscription is provided by Third Party Content Creators that are people and businesses not owned by Us. Whilst every effort is made to ensure that the content they provide is relevant to the subject matter that the Third Party Content Creator is offering on Our Site, We are unable to take responsibility for the content of any Third Party Content Creator in relation to the usefulness and quality of the same. Whilst We monitor the content that Our Third Party Content Creator’s provide on Our Site We are not liable for the same. However, if We receive a justified complaint from you regarding a Third Party Content Creator We will investigate the complaint. 

6.14 Some of Our content which forms Paid Content or a Subscription is intended to be used by you if you are pregnant or post-natal. You must obtain advice from a medical practitioner prior to taking part in any content We provide. You must not rely on any information that We, or Our Third Party Content Creator’s provide during any Paid Content or Subscription. You take part in any of Our content at your own risk and any information provided during Paid Content or a Subscription is for guidance only and not intended to be used on an individual basis unless stated so during the Paid Content or Subscription. If you choose not to consult your medical practitioner before taking part in any Paid Content or Subscription, you do so at your own risk.

6.15 You should understand that when participating in any form of exercise or exercise programme whether by watching a video, taking part in a live online session or face to face, there is the possibility of physical injury. If you engage in any of the exercises that We offer, you agree that you do so at your own risk. We do not accept any responsibility for injury or accident incurred as a result of following the exercises or exercise programmes as part of Paid Content or Our Membership.

7. Orders – How Contracts are Formed

7.1 Our Site will guide you through the process of setting up an Account and purchasing a Product, Paid Content or Subscription. (Please also see the attachment below for setting up an Account.) 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.

7.2 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 your purchase that results from you providing incorrect or incomplete information.

7.3 No part of Our Site constitutes a contractual offer capable of acceptance.  your order to purchase Products, Paid Content or a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you. 

7.4 Order Confirmations shall contain the following information:

7.4.1 Your Order ID;

7.4.2 Confirmation of the item you have ordered including full details of the main characteristics of the Product, Subscription or Paid Content available or part of it;

7.4.3 Fully itemised pricing for your Product, Paid Content or Subscription including, where appropriate, taxes, and other additional charges;

7.4.4 The duration of your Subscription (including the start date, and the renewal date);

7.4.5 Confirmation of your acknowledgement that the Paid Content and/or Subscription will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content or Subscription as detailed below in sub-Clause 12.1; and

7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content or Subscription, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period.

7.5 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.

7.6 Any refunds under this Clause 7 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 and will be made using the same payment method that you used when purchasing your order.

8. Payment 

8.1 Payment must always be made in advance. Your chosen payment method will be charged when We process your order and send you a Order Confirmation

8.2 We accept the following methods of payment on Our Site:

8.2.1 Visa

8.2.2 Mastercard

8.3 If you do not make any payment due to Us on time, We will suspend your access to the Paid Content or Subscription. For more information, please refer to sub-Clause 9.6. If you do not make payment within 14 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

8.4 If you believe that We have charged you an incorrect amount, please contact Us at info@xena.life as soon as reasonably possible to let Us know. you will not be charged while availability is suspended if the suspension is due to an error caused by Us.

9. Provision of Paid Content and Subscriptions

9.1 We undertake to make available to you on these Terms of Sale the Paid Content and/or Subscription for which you subscribe but if you choose not to access or make any permitted use of some or all of that Paid Content or Subscription or, for any reason not attributable to Us you are unable to do so, you will not be entitled to any refund.

9.2 Paid Content and/or your Subscription will be available to you from when We send you a Order Confirmation for the duration of that Paid Content or Subscription, including any renewals, or until you end the Contract, on and subject to the following:

9.2.1 An item of Paid Content or Subscription requested will be available when stated in the information that We provide about it before you place your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed items, the period within which it is or will be available for access.

9.2.2 If an item of Paid Content or Subscription is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available to you and/or to others by Us) or by other circumstances.

9.3 When you place an order for Paid Content or a Subscription, you will be required to expressly acknowledge that you wish the Paid Content or Subscription to be made available to you immediately. you will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Paid Content or your Subscription, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see sub-Clause 15.1 for more information.

9.4 In some limited circumstances, We may need to suspend the provision of Paid Content or Subscription (in full or in part) for one or more of the following reasons:

9.4.1 To fix technical problems or to make necessary minor technical changes;

9.4.2 To update the Paid Content or Subscription to comply with relevant changes in the law or other regulatory requirements;

9.4.3 To make more significant changes to the Paid Content or Subscription, as described above in sub-Clause 6.4.

9.5 If We need to suspend availability for any of the reasons set out in sub-Clause 9.4, 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 or Subscription, 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 Paid Content or Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 24 hours. If the suspension last (or We tell you that it is going to last) for more than 7 days, you may end the Contract. 

9.6 We may suspend provision of the Paid Content or Subscription as follows if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however, if you do not make payment within 14 days of Our notice, We may suspend provision of the Paid Content or Subscription until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content or Subscription, We will inform you of the suspension. You will not be charged while provision is suspended.

9.7 Any refunds under this Clause 9 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 and will be made using the same payment method that you used when purchasing your Subscription.

10. When You Own the Products

Ownership of the Products passes to you once We have received payment in full of all sums due.

11. Delivery

11.1 All Products purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.

11.2 We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.

11.3 If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Products that you have not received.

11.4 If you (or someone on your behalf) are not available at your address to take delivery of the Products and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Products.

11.5 If you do not arrange to have the Products re-delivered or do not collect them, We will contact you to ask for further instructions.

We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Products, We may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.

1. In the unlikely event that We do not deliver the Products on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:

   1. We have refused to deliver the Products;

   2. In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or

   3. You told Us when ordering the Products that delivery within the specified or agreed time period was essential.

2. If you do not wish to cancel under Part 11.6, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.

3. You may cancel all or part of your Order under Parts 11.6 or 11.7 provided that separating the Products in your Order would not significantly reduce their value.

Any sums that you have already paid for cancelled Products and their delivery will be refunded to you.

If any cancelled Products are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

1. Responsibility for the Products passes to you once We have delivered the Products to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Products from Us.

2. As explained in Part 7.2, We will not be responsible for delivering Products late or for not delivering Products if this is due to you not providing Us with required information within a reasonable period of Us asking for it.

12. Faulty, Damaged, or Incorrect Products

12.1 This Part 12 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.

12.2 The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:

12.2.1 Beginning on the day that you receive the Products (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.

12.2.2 If you do not wish to reject the Products, or if the 30 calendar day rejection period has expired, you may request a repair of the Products or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Products. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.

12.2.3 If, after a repair or replacement, the Products still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.

12.2.4 If you exercise the final right to reject the goods more than six months after you have received the Products (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Products.

12.2.5 Within a period of six years after you have received the Products (and ownership of them), if the Products do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Products, you must prove that the defect or non-conformity existed at the time of delivery.

12.3 Please note that you will not be eligible to claim under this Part 12 if:

12.3.1 We informed you of the problem(s) with the Products before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or

12.3.2 You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or

12.3.3 You have purchased the Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Products for that purpose; or

12.3.4 The problem(s) is/are the result of normal wear and tear; or

12.3.5 You have changed your mind (please refer to Part 17).

12.4 If there is a problem with the Products, please contact Us using the details provided above in Part 3.

12.5 If you exercise your legal right to reject the Products, you must return them to Us.

12.6 To return Products to Us for any reason under this Part 12, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.

13. Licence

13.1 When you purchase Paid Content or a Subscription, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in 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).

13.2 The licence granted to you under sub-Clause 13.1 is subject to the following usage restrictions and/or permissions:

13.2.1 you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content or Subscription (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’); and

13.2.2 you may not use any two way livestream facility which is or is part of a Paid Content or Subscription item or event to communicate or make accessible to any other person accessing or participating in that item or event anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of item or event.

14. Problems with the Paid Content or Subscription

14.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content or 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:

14.1.1 If the Paid Content or Subscription has faults, you will be entitled to a repair or a replacement.

14.1.2 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.

14.1.3 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.  

14.2 Please note that We will not be liable under this Clause 14 if We informed you of the fault(s) or other problems with particular Paid Content or Subscription before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content or Subscription 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 or Subscription 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 or Subscription for that purpose; or if the problem is the result of misuse or intentional or careless damage.

14.3 If there is a problem please contact Us at info@xena.life or visit the contact page on Our Site to inform us of the problem.

14.4 Refunds (whether full or partial, including reductions in price) under this Clause 14 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund and will be made using the same payment method that you used when purchasing.

14.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

15 Cancelling your Paid Content or Subscription 

15.1 If you are a Consumer in the UK or 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 Order Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) Paid Content or your Subscription, or 14 calendar days after the date of Our Order Confirmation, whichever occurs first.

15.2 After the cooling-off period, you may cancel your Paid Content or Subscription at any time. However, subject to sub-Clause 15.3 and Clause 17, We cannot offer any refunds and you will continue to have access to the Paid Content or Subscription for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

15.3 If you purchase Paid Content or a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access the same.  Provided you have not accessed any Paid Content or Subscription since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed your Subscription once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Subscription for the remainder of the Subscription period (up until the renewal or expiry date, as applicable).

15.4 If you wish to exercise your right to cancel under this Clause 15, you may inform Us of your cancellation in any way you wish.  Cancellation by email is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:

15.4.1 Email: info@xena.life 

in each case, providing Us with your name, address, email address, telephone number, and Order ID.

15.5 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. If you cancel your subscription you will remain on our mailing list until such time that you unsubscribe separately to the same.  

15.6 Refunds under this Clause 15 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 and will be made using the same payment method that you used when purchasing your Subscription.

16. Your Rights to Cancel and End the Contract when purchasing Products

16.1 If the Products are faulty or misdescribed, you may have a legal right to end the Contract, to have the Products repaired or replaced, or to get a full or partial refund. Please refer to Part 12, above, for more information.

16.2 If you are a consumer and have changed your mind, you may have a legal right to a “cooling-off period” within which you can end the Contract for any reason. Please refer to Part 17, below, for more information.

16.3 If you wish to end the Contract because of something We have done or are going to do, please refer to Part 18, below, for more information.

17. Cancelling and Ending the Contract if You Change Your Mind when purchasing Products

17.1 If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason. This 14-calendar day “cooling-off period” begins once your order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.

17.1.1 If the Products are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Products.

17.1.2 If the Products are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Products.

17.2 If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email or post). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order ID and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.

17.3 Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.

17.4 Please note that this right to cancel may not apply in the following circumstances:

17.4.1 If the Products are sealed for health or hygiene reasons and you have unsealed them after receiving them;

17.4.2 If the Products consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;

17.4.3 If the Products are likely to deteriorate quickly, for example, flowers or food;

17.4.4 If the Products have been personalised or custom-made for you;

17.4.5 If the Products have been inseparably mixed with other items (according to their nature) after you have received them.

18.Your Other Rights to End the Contract

You may end the Contract at any time if:

18.1 We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 6.4 or 6.6), 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 percentage refund for that month. 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.

18.2 If We have suspended availability of the Paid Content or Subscription for more than 7 days, or We have informed you that We are going to suspend availability for more than 7 days, you may end the Contract immediately, as described in sub-Clause 9.5. If you end the Contract for this reason, We will issue you with a percentage refund.

18.3 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 percentage refund.

18.4 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 percentage refund.

18.5 We have informed you about an upcoming change to the Products that you do not agree to.

18.6 We have informed you about an error in the price or description of the Products and you do not wish to proceed.

18.7 There is a risk that delivery of the Products will be substantially delayed due to events outside of Our control.

18.8 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.

18.9 Refunds under this Clause 18 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.

18.10 If you wish to exercise your right to cancel under this Clause 18, you may do so in any way you wish. you can do this by going to your Account area, payment settings and cancel. If you would prefer to contact Us directly to cancel, please use the following details:

18.10.1 Email: info@xena.life 

18.10.3 Post: 68 Northington, Alresford, England, SO24 9TH

In each case, providing Us with your name, address, email address, telephone number, and Order ID. 

18.11 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.

19 Our Liability to Consumers

19.1 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.

19.2 Our Paid Content, Products and Subscription are intended for non-commercial use only. We make no warranty or representation that 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.

19.3 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:

19.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or

19.3.2 The damage has been caused by your own failure to follow Our instructions; or

19.3.3 your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.

19.4 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, or for anything that you order from Us which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

19.5 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.

19.6 We will not be responsible or liable if you are unable to access any Paid Content or Subscription due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).

20. Complaints and Feedback

20.1 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.

20.2 If you wish to complain about any aspect of your dealings with Us, please contact Us. 

21. How We Use your Personal Information (Data Protection)

We will only use your personal data as set out in Our Privacy & Cookies Policy available on Our website.

22. Other Important Terms 

22.1 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.

22.2 you may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.

22.3 The Contract is between you and Us. No other person shall have any rights to enforce any of its terms.

22.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.

22.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against you under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require you to make any payment which has become payable under the Contract.

22.6 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 18.1 above).

23. Law and Jurisdiction 

23.1 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 & Wales.

23.2 As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 23.1 above takes away or reduces your rights as a consumer to rely on those provisions.

23.3 As a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Attachment

1. Use of Paid Content or a Subscription will be made available via Our Site.

2. The technology that We will be responsible for providing

a) We do not provide any PC, laptop, tablet, mobile phone or other hardware (“device”) or other software for use on or with any devices, nor any internet connection or service or other equipment or facilities necessary to enable your use of the Paid Content or Subscription. 

b) The technology and other items that you will be responsible for providing.

c) It will be your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive Paid Content on those platforms.

d) You will need to ensure that you have access to and use the following non-exhaustive list of facilities for this purpose:

(a) An appropriate functioning device which is adequately charged; 

(b) Up to date applications for those platforms where applicable. It will need to be downloaded to your device, and installed and working fully and correctly on Your device, so that You can receive the Paid Content;

(c) Stable, reliable, internet access with adequate speed.

3. Scope of what We make available to accessed

We do not, and cannot, assist you to obtain, set up, maintain, or operate any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. We do not, and cannot, give you any advice about what technology is needed or how to use it. 

We will not be responsible or liable to you if you are unable to access any of the Paid Content or Subscription due to any failure or delay in the Third Party Content Creator performing their obligations under the Contract resulting from any cause beyond Our or that Third Party Content Creator’s reasonable control. In any such case, you will remain liable to pay for the Paid Content or Subscription that We have made available for you. Such causes beyond Our or any Third Party Content Creator’s reasonable control may include (but are not limited to): 

(a) Where you are unable to resolve any technology problem (whether or not you have asked Us for or We have offered any suggestions as to how to resolve the problem); or 

(b) Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on; or

(c) Failure of or defect in any social media platform or other platform used by Us or you to make the Paid Content or Subscription available to you; or

(d) Your inability to access the Paid Content or Subscription due to failure of or defects in Our Site etc.

4. Account set-up needed

In order to purchase any Product, Subscription and enable you to receive any Paid Content, You will first need to set-up and then maintain an Account on Our Site. Our site will guide you through the process of setting up an Account. Please also note the following in regard to Account set-up.

You may not create an Account if You are under 18 years of age.

During the process of setting up an Account, you will be required to choose a password and user name. We recommend that you choose a strong password for Your Account. 

5. Your responsibility for Your Account and its security

You must not share your Account or your Account details with anyone. If you believe that your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.

You are fully responsible for maintaining the confidentiality of your password and account information and for all activities that occur under your password or Account. You must ensure that you log out from Your Account at the end of each session accessed by you. You must immediately notify Us of any unauthorised use of your password or Account or any other breach of security relating to your Account.

You must never use anyone else’s Account without prior authorisation from Us for the specific occasion in question.

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

If you have an active Subscription, your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription. 

If you wish to close and delete Your Account, you may do so by emailing us at: info@xena.life  

6. Your privacy and security on each occasion when Paid Content or a Subscription is accessed

Where any session that you access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion you accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to you as an individual private session. 

Therefore, unless We specify that a particular two-way session is only accessible to you, the following will apply to such a session: 

(a) When you sign into Our platform, you should indicate your first name only since your name will be visible to Our other customers taking part; 

(b) You understand and are aware that there is a risk that other people may see and hear (via the video and/or audio facilities. This includes not only you but also your space and its surroundings and other people in or near that space and its surroundings when you are participating in the session; 

(c) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;

(d) We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other customers as well as you;

(e) In any event, it will be your responsibility to ensure that you have a suitable space to use when participating in any session in order to protect your privacy and that of others in or near that space.

We will not be liable to you for any loss or damage arising from your failure to comply with the above requirements.

7. Scope of Paid Content and Subscriptions

The Paid Content or Subscription made available to you will depend on what you have purchased. To ascertain what will be made available to you please check your Order Confirmation. 

8. Fitness, Pregnancy, Post-Natal Health and Safety

You acknowledge and agree that:

(a) a session (“class(es)”) may be physically strenuous.

(b) certain particular or series of exercises may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition. 

(c) due to the remote nature of online classes, We do not undertake to and cannot attend, assist or advise or arrange for or alert any third party to do so in the an event you fall ill or have an accident

(d) any advice provided via the classes does not constitute medical advice and is not a substitute for advice provided by a medical professional;

(e) you voluntarily participate in an event with full knowledge that the instructor involved in the event is not negligent there is an inherent risk of personal injury or illness arising from your participation in any exercise and use of any equipment used by you; 

(f) when you setup an Account, and also when you purchase any Subscription, book and participate in any class, that will be your confirmation that you have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect your participation in that or any other event comprised in any Subscription that you have purchased or subsequently purchase.

You must therefore ensure that you are fit and well enough to participate in any class that you purchase or view, and you will at all times be responsible for your own state of health, physical condition and wellbeing.

You must also ensure that:

(a) there is sufficient space to perform any exercises safely and move freely without obstacles or obstructions, free from furniture, equipment and other hazards – a minimum of four-square metres per person.

(b) any equipment is safe and in a suitable condition for the activity being performed.

(c) the surrounding floor space is entirely clear to remove any hazards that may increase the risk of slips, trips or falls.

(d) there are no distractions throughout the duration of the session.

(e) there is sufficient heating, lighting, ventilation and hydration.

If you have any concerns about your fitness or health especially during pregnancy or post-natal, you should seek appropriate medical advice from your medical practitioner, midwife, physiotherapist or other relevant professional medical or other adviser  before purchasing or participating in any Paid Content or Subscription. You should take extra care when working out during pregnancy and the post natal period. We accept no responsibility or liability for any injury you sustain when taking part in Paid Content or any activity during your Subscription. 

Any guidance We or Our Third Party Content Creator’s provide to you should not be used as a substitute for medical advice.