Nuffield Health 24/7 Virtual Gym Membership Terms and Conditions
Using Nuffield Health 24/7
You participate in all Nuffield Health 24/7 classes and use Nuffield Health 24/7 content entirely at your own risk. If you are pregnant, have recently given birth or if you suffer from any medical conditions, you should seek medical advice before you take part.
Nuffield Health accept no liability for any injuries or losses whatsoever that you sustain whilst participating in any class or using any content (except the extent that we are negligent), and Nuffield Health exclude our liability to the fullest extent permitted by law.
Please make sure you warm up properly before carrying out any exercise, and that you have an adequate space within which to do so. We will be unable to see what you are doing so please be mindful of that. You should use the content at your own level and pace.
Please make sure you have water with you, stop for a break if/when you feel the need and that you are able to carry out your exercise in a suitable and safe environment.
If you feel dizzy or unwell you should stop immediately and, if necessary, seek help or medical advice.
These Virtual Gym Membership Terms and Conditions (‘Membership Terms’) apply to your membership and use of Nuffield Health 24/7 Virtual Gym.
If you are a Nuffield Health Fitness & Wellbeing member (‘F&W Member’), you are entitled to use our Virtual Gym as part of your membership.
If you are not a Nuffield Health Fitness & Wellbeing member, you can subscribe to be a member of our Virtual Gym (‘VG Member’), which entitles you to the benefits detailed on our website.
1.1 Your agreement is with us, Nuffield Health a private company limited by guarantee, registered in England & Wales (Company No. 0576970).
(a) You are a VG Member – these Membership Terms comprise your VG Membership agreement with us, which is made up of:
1.2.1 your completed and signed VG Membership agreement form; and
1.2.2 these Membership Terms.
(b) You are an existing F&W Member – these Membership Terms supplement your existing Membership agreement and supersede those to the extent of any inconsistency between the two.
1.3 Your Membership agreement forms a legally binding agreement between you and us, so please make sure that you read them carefully and understand them. If you have any questions, please contact us using this form and select Nuffield Health 24/7 membership from the dropdown.
1.4 When using the Virtual Gym, you must comply at all times with these Membership Terms or your VG Membership or use of our Virtual Gym may be suspended or terminated by us.
1.5 Our Virtual Gym Memberships are monthly memberships. In these Membership Terms, ‘monthly’ means every calendar month. A full calendar month starts on the first day of the calendar month and finishes at the end of the last day of that calendar month. When we refer to ‘month’ in these Membership Terms, we mean a full calendar month.
1.6 Your membership agreement terms are accessible at any time through your Nuffield Health account.
2. Starting your agreement and access to Virtual Gym
2.1 Your agreement commences:
(a) If you are a VG Member, on the date you join;
(b) If you are an existing F&W Member, on the date you opt-in.
2.2 When your membership starts, you will need to make the payments set out on the membership agreement. Payment is made by monthly Direct Debit only. You cannot use Virtual Gym until you have joined or, as the case may be, opted-in, set up your Direct Debit and made your payment.
2.3 If you join part way through a month, we will work out any proportional monthly fees that may apply and set out on your membership agreement form any initial fees (including, but not limited to, any activation fee) that you have to pay and the payment method.
2.4 In order to access and use Virtual Gym, its features and content:
If you are a VG Member – you do not need to sign up to a Nuffield Health account but you will need to opt-in to VIMEO when you join. VIMEO is a third party app. It is not owned or operated by Nuffield Health and we are not responsible in any way for your use of VIMEO or its content. If you decide not to use VIMEO, you will be unable to use or access Virtual Gym. By creating a VIMEO account and opting-in to VIMEO, you understand and agree that you will be sharing your personal data with VIMEO.
If you are an existing F&W Member – you will need to opt-in via your Nuffield Health account. If you do not have a Nuffield Health account, you will need to create one using the unique link you were provided with by email when you joined. If you cannot locate that link, please contact us and we will re-send it to you. VIMEO is a third party app not owned or operated by Nuffield Health and we are not responsible in any way for your use of VIMEO or its content. By creating a VIMEO account and opting-in to VIMEO, you understand and agree that you will be sharing your personal data with VIMEO.
2.5 You must:
2.5.1 ensure that you access and use Virtual Gym at all times in a proper and lawful manner, and that you treat any username, password or any other access credentials as confidential;
2.5.2 ensure that you do not permit anyone else access to Virtual Gym using your account or access credentials; and
2.5.3 be solely responsible at all times for maintaining your own equipment and connectivity to the internet and the functioning of your own network to access and use Virtual Gym.
3. Type of membership
Only one type of membership exists for Virtual Gym – monthly membership payable by Direct Debit. Applicable corporate discounts or Vitality membership discounts may apply.
3.1 You may become a Virtual Gym Member if you are aged 16 or over.
3.2 Your VG Membership is personal to you and may not be used by any other person. No VG Content may be streamed, shared, broadcast, transmitted, reproduced, replicated, copied or otherwise be made available by any means by you to any other person, whether natural or corporate, and whether or not for financial gain or reward. Any breach of those provision is a material breach of these Membership Terms and we may immediately terminate or suspend your VG Membership without notice to you.
3.3 Discounted memberships: The following discounted memberships are available. All discounted memberships are subject to you providing adequate proof of eligibility:
3.3.1 Corporate Discounts – if the business you work for or with has an agreement with us for corporate memberships and you are eligible. It is your responsibility to inform us if you work for a business that is eligible for corporate membership or a discount at the club. We are not responsible and will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for.
3.3.2 We are not responsible for or will not refund any subscriptions if you later change to a discounted rate that you were previously eligible for.
4. Your membership fees
4.1 Your VG Membership fees are a subscription for your access to and use of the Virtual Gym. Unless you terminate or cancel your VG Membership in accordance with these Membership Terms, you must pay your VG Membership fees whether or not you actually make any use of the Virtual Gym.
4.2 When your VG Membership ends for any reason, and we have taken the final payment from you, you are responsible for cancelling your Direct Debit. You should not cancel you Direct Debit before your VG Membership has ended, as if you do so we may be unable to collect any remaining payments you owe. In such event, we will contact you about this.
5. Payment options
5.1 For the payment option set out below, all the monthly fees and any additional charges could change in line with section 13.
5.2 Your VG Membership agreement is a monthly agreement.
6. Payment methods
6.1 You must pay your monthly membership fee in advance every month by Direct Debit.
6.2 You must complete and submit a Direct Debit mandate form online when you take out your VG Membership, and we will take your payment on or around the first working day of each month
6.3 We may, entirely at our discretion, accept other payment methods to start, restart, transfer or upgrade your membership.
6.4 When you or your bank tell us about a change to your bank account details, we may ask you to sign a new Direct Debit mandate form.
7. Failing to pay
7.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
7.1.1 The account details you gave us for the Direct Debit are wrong; or
7.1.2 There is not enough money available in your bank account; or
7.1.3 You have cancelled your Direct Debit without giving us the correct notice period (see section 10 of these Terms and Conditions)
7.2 If the account details you gave us for the Direct Debit are wrong:
7.2.1 We may ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will be asked to complete a new Direct Debit mandate form.
7.2.2 While you owe us payments you will not be allowed to access or use your VG Membership, which will be suspended. Once your payments are up to date you will be allowed to access and use your VG Membership. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
7.3 If there is not enough money available in your account:
7.3.1 We may ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we will cancel your VG Membership from the end of that month or, if you have a discounted monthly VG Membership, at the end of your commitment period. Where a Direct Debit payment has failed or been refused, we may attempt to obtain payment through the same Direct Debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.
7.3.2 While you owe us payments you will not be allowed to access or use your VG Membership, which will be suspended. Once your payments are up to date you will be allowed to access and use your VG Membership. You will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
7.3.3 If you are not in a commitment period with us, we will take the first month you fall into arrears as deemed notice to cancel your VG Membership.
7.4 If you have cancelled your Direct Debit without giving us notice:
7.4.1 We may ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your VG Membership from the end of the following month and your account will remain in debt until the outstanding payment is made.
7.4.2 While you owe us payments you will not be allowed to access or use your VG Membership, which will be suspended. Once your payments are up to date you will be allowed to access and use your VG Membership. You will still have pay all monthly membership fees for the duration of the commitment period you signed up to.
7.5 We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs
8. Your right to cancel your VG Membership
8.1 Cancelling your VG Membership during the cooling-off period
8.1.1 If you have purchased your VG Membership online, you have a legal right to change your mind within 14 days of joining and receive a refund. The 14-day cancellation period commences the day of your VG Membership start date. This is called the ‘cooling-off period’. If you choose to cancel within the cooling off period, we will give you a full refund of any VG Membership fees you have paid.
8.1.2 If you want to cancel your VG Membership within the cooling-off period, you must contact us using the contact us form.
8.2 Cancelling your VG Membership after the cooling-off period
8.2.1 To cancel your VG Membership after the cooling-off period has expired, you must contact us using the contact us form. If we receive your cancellation call or notice on the first day of the month, your VG Membership will end on the last day of the same month. If we receive your cancellation call or notice after the first day of the month, your VG Membership will end on the last day of the following month. This means we will take one more Direct Debit payment before cancelling your VG membership.
8.2.2 If you cancel your VG Membership, when we receive your written notice we will send you an acknowledgement letter or email to confirm the date that your VG Membership will end. If you do not receive this acknowledgement, you must assume that we have not received your cancellation notice and you must contact us and send a further cancellation notice to us.
8.3 If you have joined on-line, to cancel your VG Membership you can contact us using the contact us form.
9. 14-Day Money Back Guarantee and Refunds
9.1 In some circumstances we offer a 14-day money back guarantee to new, first-time VG Members who wish to cancel their VG Membership.
To be eligible to claim under the money back guarantee, you must be a new, first-time VG Member.
Where you are eligible to claim under the 14-day money back guarantee, you must give us notice of cancellation using the contact us form.
We will process your cancellation request immediately and refund any payments made on your then current membership in accordance with 10.2 below.
This money back guarantee is separate and distinct from your right to cancel where you have joined online, by email or telephone – see section 9 ‘Your Right to Cancel Your VG Membership’ – but we will only refund any payments made once.
9.2 We will issue any refunds due to you by bank transfer or by the same method you made payment to us.
10. Our right to cancel or suspend your VG Membership
10.1 We may cancel your VG Membership at any time by giving you one month’s notice in writing. In these circumstances, we will refund you the fee that you have paid for that month, and any fees you have paid for future months.
10.2 We may suspend your VG Membership at any time (we will not charge you monthly membership fees while your VG Membership is suspended) or cancel your membership without giving you notice, if:
10.2.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and us, and except to the extent expressly permitted under this Agreement:
(i) you attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Virtual Gym, its materials or content in any form or media or by any means; or
(ii) you attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of Virtual Gym;
10.2.2 you access or use all or any part of Virtual Gym, its materials or content in order to build or replicate a product or service which competes with Virtual Gym, its materials or content;
10.2.3 you access or use Virtual Gym, its materials or content to provide services to any third party;
10.2.4 you license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make Virtual Gym, its materials or content available to any third party;
10.2.5 you attempt to obtain, or assist third parties in obtaining, access to Virtual Gym, its materials or content, other than as provided under this clause 11; or
10.2.6 you access or use Virtual Gym, its materials or content:
(i) In any way that breaches any applicable local, national or international law or regulation;
(ii) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect, or that is for or in connection with the commission of any criminal offence or activity;
(iii) For the purpose of harming or attempting to harm minors in any way;
(iv) To bully, insult, intimidate or humiliate any person including (but not limited to) any racially, sexually or religiously motivated hatred or discrimination;
(v) To send, knowingly receive, upload, download, use or re-use any material which does not comply with any of our published content standards;
(vi) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
(vii) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
10.3 You must use reasonable endeavours to prevent any unauthorised access to, or use of, Virtual Gym, its materials or content and, in the event you become aware of any such unauthorised access or use, promptly notify us.
11. Our right to change your VG Membership or these Terms and Conditions
11.1 From time to time we may change our monthly VG Membership fees. We will try not to change the fees more frequently than once in a calendar year, and to ensure that any change is reasonable, but we cannot guarantee this. We will tell you about any change that will apply to you, and will give you at least one full calendar month’s notice before the change comes into effect. Please see your payment options for details of how fee changes will affect you.
11.2 We may, without notice to you, make reasonable changes to these Terms and Conditions if the changes are for the benefit of the majority of our VG Members.
12. Restarting your VG Membership after termination or cancellation
12.1 Where you have terminated or cancelled your VG Membership, you may restart your VG Membership again at any time by entering into a new VG Membership agreement and setting up a new Direct Debit with us.
12.2 You will not be able to restart your VG Membership until you have paid all amounts you owe us for your previous VG Membership and, if applicable, your Fitness & Wellbeing Membership with us, and we can refuse to let you restart your VG Membership again until you have done so.
12.3 If your VG Membership was terminated or cancelled by us in accordance with these Terms and Conditions, you will not be able to restart your VG membership with us.
13. VG Content
VG Content and all intellectual property rights in such content is proprietary to and owned by Nuffield Health or is duly licensed to it. You may not stream, share, broadcast, transmit, reproduce, replicate, copy or otherwise make available by any means such content to or for use by any other person, whether natural or corporate, and whether or not for financial gain or reward. Any breach of those provision is a material breach of these Membership Terms and we may immediately terminate or suspend your VG Membership without notice to you.
14. Transferring your agreement
14.1 We may need to transfer (assign) all or part of your VG Membership agreement to another company. We can do this as long as your rights under the Agreement are not adversely affected or materially reduced.
15. Your contact details
15.1 We will send all letters, emails, communications and information to the address and other contact details you have given us at the time of joining. You must keep us up to date with any changes to your address or other details.
15.2 If at any point we find that you have provided us with an incorrect name, address or other details which are not your own, we may cancel or suspend your VG Membership, including (but not limited to) suspending your access and/or use of Virtual Gym.
16.1 If you have any queries about your VG Membership, these Terms and Conditions or payments, please contact us.
17.1 When we carry out any health assessments and exercise questionnaires we may identify possible problems with you taking part in exercise and recommend that you seek and obtain medical advice. We are not responsible if you ignore our recommendations and continue to use the Virtual Gym
17.2 Nuffield Health cannot guarantee that the Virtual Gym will be available at all times due to maintenance issues or malfunctions. By law, we do not have to pay you compensation for any service, facility or equipment not being available (including, by way of example only and without limitation, for reasons of health and safety, or if the unavailability is for the benefit of our members generally) unless this was due to or caused by our negligence.
17.3 By law, we do not have to pay you compensation for loss or damage you may suffer unless such loss or damage is caused by our negligence or failure to comply with applicable law.
17.4 We will not pay you compensation if we have failed to carry out our duties due to:
17.4.1 Your own fault;
17.4.2 The fault of someone else who is outside of our control or who is not connected with providing our services under these terms and conditions; or
17.4.3 Events outside of our control or which we could not have known about prior to their occurrence even if we had taken all reasonable care.
17.5 We can make changes to the type of facilities we provide, and we will give you notice (where possible we will provide reasonable advance notice) of any such changes. We will not be liable for any loss or damage caused by these changes unless the loss or damage is caused by our negligence.
17.6 You must make sure that you can do the exercise provided by any exercise programme you follow or any class you go to.
17.7 You should consult your doctor before you start any exercise, exercise programme or class you attend and/or if you are not sure whether it is suitable and/or if you have a pre-existing illness or medical condition.
17.8 Subject only to section 18.10, in no event shall our total liability to you for any one event or series of related events exceed the sum of 150% of the total amount paid by you for your subscription and/or the services giving rise to the liability in the 12 months preceding the first incident out of which the liability arose.
17.10 Nothing in these terms and conditions excludes or limits our liability for:
17.10.1 Death or personal injury caused by our negligence or that of our staff; or
17.10.2 Fraud or fraudulent misrepresentation; or
17.10.3 Any other liability which we cannot by law exclude or limit.
18. Data protection
18.1 Your membership with us is governed by the laws of England and Wales and, if you live in Scotland, by the laws of Scotland.
18.2 We will keep any clinical information you give us confidential and secure and only pass it to, or receive it from, those involved with your programme or treatment. By joining one of our membership options, you are giving us permission to share relevant clinical information that relates to your health goals between members of our staff.
18.3 It is important that we hold the most up-to-date contact details for you. You are responsible for keeping all your personal contact details and choices for how you want to receive marketing materials up to date.
19. Choice of law
19.1 Your VG Membership and these Terms and Conditions are governed by
the laws of England and Wales or, if you live in Scotland, by the laws of Scotland
or, if you live in Northern Ireland, by the laws of Northern Ireland. You agree
that all disputes relating to your VG Membership and/or our agreement with you
which we are unable to resolve between us will be subject to the non-exclusive
jurisdiction of the English and Welsh courts or, if you live in Scotland, the
Scottish courts or, if you live in Northern Ireland, the courts of Northern