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The Answer: The Performance Digest.
A monthly summary of the latest Strength & Conditioning, Nutrition, Coaching, Recovery, Technology, Rehab, and Youth Development research.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our reviews to you under your digital subscription (Subscription).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Subscriptions to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are purchasing your Subscription from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Science For Sport Ltd a company registered in England and Wales with company registration number is 11177891 and our registered office is at 37 Shiphay Lane, Torquay, Devon, United Kingdom, TQ2 7DU. Our registered VAT number is 309132724.
2.2 How to contact us. You can contact us by telephoning our customer service team at email@example.com or by post at Science for Sport Ltd, 37 Shiphay Lane, Torquay, TQ2 7DU, UK].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order for your Subscription will take place when we email you with a receipt number, at which point a contract will come into existence between you and us. We will also issue you a user name and temporary password so that you can log into your account.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Subscription at that time. This might be because of an unexpected event which we could not reasonably plan for or because we have identified an error in the price or description of the Subscription for example.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Changes to the Subscription and these terms. We may make changes to these terms or your Subscription, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6. Providing Content
6.1 When we will provide content. We will supply the digital content to you until the Subscription expires or you end the contract or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control. If our supply of any content under your Subscription is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the content to you, for example, your email address and age. We will contact you to ask for this information. If you do not give us this information during the registration process or within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for supplying your Subscription late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of products to you. We may have to suspend your Subscription to:
(a) deal with technical problems or make minor technical changes; or
(b) update any content to reflect changes in relevant laws and regulatory requirements.
6.5 Your rights if we suspend your Subscription We will contact you in advance to tell you we will be suspending your Subscription, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price or extend your Subscription term so that you do not pay for content while suspended.
6.6 We may also suspend your Subscription if you do not pay. If you do not pay us for your Subscription when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend your Subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your Subscription.
7. Price, Payments and Billing
7.1 Where to find the price for your Subscription. The price of Subscriptions (which includes VAT) will be the price indicated on the order pages when you placed your order.
7.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, a Subscription may be incorrectly priced. We will normally check prices before accepting your order so that, where a Subscription’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Subscription’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
7.4 Paying for Your Subscription. You can pay for your Subscription either:
(a) Annually in advance; or
(b) Monthly in advance, payable on the same day of each month of the date of the commencement of the
Subscription (Subscription Period) (i.e. if your Subscription started on 5th January the Subscription fees would be due on the 5th of each month thereafter). Where the payment date cannot be the same day of a month it shall be the nearest day before (i.e. if the payment date is 31st of March then the next payment would be due on 30th April).
7.5 Payment Methods You can pay for your Subscription by debit or credit card through our website or by direct debit. We use third party payment processors to process card payments. We do not store or process any card details on our own servers.
7.6 The third party payment processors will store the card details used to pay for your Subscription and will use those same card details to automatically take payment for your Subscription Period until you or we cancel.
7.7 All amounts and fees stated or referred to in this agreement shall be payable in pounds sterling.
8.1 Cooling Off Period. Once you have registered and signed up to a Subscription you have 14 days to change your mind however this right is lost once you start to use your Subscription or access content.
8.2 Tell us if you want to end the contract. To end the contract with us, please let us know by emailing us firstname.lastname@example.org or by completing our online form here.
8.3 Cancellation. As mentioned above, your Subscription will automatically renew every month unless you cancel your Subscription by contacting us. The cancellation will take effect the day after the last day of the month of your current Subscription Period.
8.4 Refunds. If you cancel your Subscription after the 14 day cooling off period you will not be entitled to any refunds.
8.5 Refund Method. If you are entitled to a refund under clause 8.1 Cooling Off Period we will refund you the price you paid for your Subscription by the method you used for payment.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then refunds will be made within 14 days from the date you tell us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end your Subscription at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide your Subscription; or
10. If there is a problem with your Subscription
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or by post at Science for Sport Ltd, 37 Shiphay Lane, Torquay, TQ2 7DU, UK
11. Your rights in respect of defective content if you are a consumer
11.1 If you are a consumer we are under a legal duty to supply content that is in conformity with these terms. Nothing in these terms will affect your legal rights.
11.2 The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If you have any problems accessing any content under your Subscription then please contact us.
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 13.
13. Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 13.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount equivalent to your Subscription fees paid within the previous 12 months of the date that our liability arose.
14. How we may use your personal information
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. However, this does not effect your statutory rights that apply to you as a consumer in your country of residence.
15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Science For Sport firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.
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