Our contact details:
Where we refer to you contacting us in these terms, you may use any of the following methods:
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content, all of which are available through our website uk.vaha.com. These terms are divided into the following sections:
Part 1 – this contains general terms that apply to all products (whether goods or services) that you purchase from us.
Part 2 – this contains additional terms that are specific to the goods that you buy from us (such as the VAHA Fitness Mirror).
Part 3 – this contains additional terms that are specific to the services that you buy from us (such as provision of a membership account).
Part 4 – this contains various important health statements relating to the use of our products.
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 products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
1.3. Consumer terms.
These terms apply to purchases of our products by consumers. If you are a business purchaser different terms will apply to the purchase. If this is the case please contact us.
1.4 Employee authority.
Our employees are not authorized to make verbal agreements with you that modify or supplement these terms.
1.5 Other terms.
Part 1 – General Terms
2. Information about us and you
2.1 Who we are. We are VAHA Technologies Ltd a company registered in England. Our company registration number is 13131316 and our registered office is at 3rd Floor Waverley House, 7-12 Noel Street, London, United Kingdom, W1F 8GQ. Our registered VAT number is requested[d]. We are a wholly-owned subsidiary of etone Motion Analysis GmbH, registered in Germany.
2.2 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.
2.3 How to tell us about problems. If you have any questions or complaints about any products, please contact us.
2.4 "Products". When we use the word "products" in these terms we mean either goods that you buy from us (such as the VAHA Fitness Mirror) or the services that we provide to you (such as the VAHA membership account).
3. Our contract with you
3.1 How we will accept your order. Once you have placed an order on our website we will e-mail you a confirmation of receipt. This is not an acceptance of your order. We will separately e-mail you a confirmation of acceptance once we are satisfied that the appropriate payment has been made and we are otherwise happy to proceed. This confirmation of acceptance is our acceptance of your order, and only at this point will a contract come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by e-mail and will not charge you for the products. This might be because a product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline.
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.
3.4. Applicability of these terms. These terms only govern the sale of our products to customers in those parts of the UK to which we currently deliver. Sales to other territories will be governed by separate terms. Please visit www.vaha.com for further details of the territories in which we operate.
4. Our rights to make changes
4.1 Minor changes. We may change the products:
- to reflect changes in relevant laws and regulatory requirements (for example, if we are required to make alterations to the components used in the VAHA Fitness Mirror for any reason); and
- to implement minor technical adjustments and improvements (for example, to address a security threat relevant to your membership account).
These changes will not affect your use of the products.
4.2 More significant changes. We may need to make more significant changes to the products, or we may need to change these terms. If you have already placed an order when we do this, we will notify you. If you are no longer happy to proceed you may contact us to end the contract and receive a refund for any products paid for but not received.
5. Your rights to end the contract
5.1 Your rights to end the contract. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract. You may also have a right to get the product repaired or replaced or a service re-performed or to get some or all of your money back.
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 5.2;
- If you have changed your mind about a product, see clause 5.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
- If you want to end the provision of ongoing services, see clause 23.3.
5.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 4.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- we have done something wrong (for example, because we have delivered goods late under clause 13.6).
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. We go beyond this in respect only of your first purchase of a VAHA Fitness Mirror and offer a 30 day period in which you may change you mind, as described in these terms.
5.4 When you don't have the right to change your mind. Amongst other matters, you do not have a right to change your mind in respect of:
- digital products after you have started to download or stream these;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
5.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- In respect of any goods, you have 14 days after the day that the goods are delivered to the delivery address that you have specified with the order (or 30 days in respect of your first purchase of a VAHA Fitness Mirror), unless your goods from a single order are split into several deliveries over different days. In this case the period starts running from the date of delivery of the last delivery.
- In respect of any services, you have 30 days after the day we email you to confirm we accept your order. If you cancel after we have started the services, you must still pay us for the services provided up until the time you tell us that you have changed your mind. If any Additional Members set up any Sub-Accounts (as described in Part 3 of these terms) then those Additional Members will have 14 days after the date that their Sub-Account is set up in order to change their mind.
5.6 How to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Please contact us by phone or email using our contact details set out at the start of these terms.
- Online. Please copy the following form into an e-mail and e-mail it to us using our contact details set out at the start of these terms:
If you wish to cancel the contract, please complete and return this form.
VAHA Technologies Ltd.
7-12 Noel Street, London W1F 8GQ
I/we (*) hereby give notice of the cancellation of the contract concluded by me/us (*) for the
• purchase of the following goods (*)/provision of the following service (*): …………………………………………
• Ordered on (*): …………………………………………
• Received on (*): …………………………………………
• Your name: …………………………………………
• Your address: …………………………………………
• Your signature (only in case of paper communication):
• Date: …………………………………………
(*) Delete where inapplicable
- By post. Print off and complete the above form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address and contact details (including telephone number and email).
5.7 Ending provision of the services. Please see the specific terms relating to this in Part 3 of these terms.
5.8 Refunds. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 15.1.
- In all other cases, your refund will be made within 14 days of you telling us that you have changed your mind.
Please also see clause 25.5 for further terms in respect of refunds for services.
6. Your Legal Rights
6.1 Summary of your legal rights.
We are under a legal duty to supply products that conform to certain expectations. See the box below for a summary of your key legal rights in relation to our products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
If your product is services, for example your VAHA membership account, the Consumer Rights Act 2015 says that you can ask us to fix the service if it's not carried out with reasonable care and skill (for example if your membership account does not work properly), or get some money back if we can't fix it.
7. Price and payment
7.1 Prices. The price of the product (which includes VAT) will be the price indicated on our website when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 7.4 for what happens if we discover an error in the price of the product you 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 International shipping costs and customs duties. Our goods are warehoused in the UK prior to their transfer to UK customers. As a result there should not be any additional international shipping costs or customs duties payable on the goods by you. To the extent that it becomes necessary to charge any such additional amounts (for example if our supply of goods within the UK is exhausted), we will contact you by e-mail first and you will have the opportunity to cancel the order.
7.4. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product'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 product'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, refund you any sums you have paid and require the return of any goods provided to you.
7.5 Payment options. The payment options available for our goods and services are set out in Parts 2 and 3 of these terms. We work together with external service providers for payment processing, and such services are governed exclusively by the terms of these external service providers.
8. Loss or damage
8.1 Our responsibilitiy. 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.
8.2 Legal limits. 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 as summarised at clause 6.
8.3 Installation. We will make good any damage to your home caused by our Delivery Partner when installing the VAHA Fitness Mirror. However, we will not be responsible for the cost of repairing any pre-existing faults or damage to your home that are discovered while undertaking this installation.
8.4 Damage to your property. If a defective product which we have supplied damages your home or 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 or instructions included with the products. We will also not be liable for damage if you did not apply any software update offered to you free of charge or for damage which was caused by you failing to have in place the minimum system requirements advised by us.
8.5 Business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Please also see clause 1.3 above.
9. Personal information
9.2 Financial data. We process your payments through a third party application, or via a third-party payment processor. The third party application or payment processor may collect certain financial data from you to process a payment on our behalf, including your name, email address, address and other billing information. In this case the use and storage of your financial data is governed by the third party’s terms, conditions and privacy policies.
9.3 Financing. If you apply for finance from one of our financing partners, you will be asked to provide information (which may include financial data) to that financing partner, either directly or through our website. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies.
9.4 Further information. Please contact us if you want more information on our use of third-party payment processors and financing partners.
10. Intellectual Property
10.1 Licence. We grant you a royalty-free non-exclusive licence to use the software forming part of any products only for the intended use of those products. No sale of any products to you will affect our sole ownership of all intellectual property rights in any software contained in any products. You are not be entitled to ownership of such intellectual property rights. You may not interfere with or modify the software in our products in any way.
10.2 Copies. Content made available through our products (in particular video, texts and images) is protected by copyright. The reproduction or other use or exploitation of copyright-protected content is not permitted without the consent of the rights holder. You are granted a personal licence to use our products and their content for non-commercial purposes and in accordance with their intended use. You may retrieve, save and print out the content of our products for private use, provided this does not serve any direct or indirect commercial purposes.
10.3 Transfer. These licences granted to you are personal. You may not transfer them to any other party.
10.4 Source code. We are under no obligation to disclose the source code of the software.
10.5 Interference. We accept no responsibility for damage to any products or your possessions resulting from unauthorised use of or interference with any software in any products.
11. Other important terms
11.1. Our right to transfer. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
11.2 Your right to transfer. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.4 Illegality of terms. 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.
11.5 Delays in enforcing this contract. 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.
11.6. Governing law. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Part 2 – Terms Specific to Goods
12.1 Variation from pictures. The images of products on our website are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
12.2 Product packaging. The packaging of the product may vary from that shown in images on our website.
13. Providing the goods
13.1 Delivery costs and provider. The costs of delivery will be as displayed to you on our website. We use different delivery partners (each a “Delivery Partner”) to provide delivery of different goods on our behalf. Their details are available on our website.
13.2 Delivery deadline. You will be asked to select your delivery date when placing an order for goods. Our Delivery Partner will take reasonable steps to deliver your oder on that date. Where this is not possible we will deliver goods to you as soon as reasonably possible and in any event within 30 days after your chosen delivery date. If you have purchased several separately usable goods in one order, we may send these in separate deliveries. We will bear any additional shipping costs arising from this.
13.3 Delays. If our supply of the products 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
13.4 Failed deliveries. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our Delivery Partner will leave you a note informing you of how to rearrange delivery.
13.5 If you do not re-arrange delivery. If, after a failed delivery, you do not re-arrange delivery or collect them from a delivery depot (as detailed by our Delivery Partner) we will contact you for further instructions and may charge you for storage costs, any further delivery costs and any other costs that we reasonably incur while holding the products for you. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.
13.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If you do not wish to treat the contract as at an end straight away you can give us a new deadline for delivery, which must be reasonable. If you do choose to treat the contract as at an end for late delivery you can cancel your order and we will refund any sums you have paid to us for the cancelled goods and their delivery.
13.7 Access to your home. Our Delivery Partner may need access to your home to install the VAHA Fitness Mirror in your desired location. You agree to grant such access on the relevant delivery date. If you do not allow our Delivery Partner access to your property (and you do not have a good reason for this) we may charge you additional costs incurred by us or our Delivery Partner as a result. If, despite our reasonable efforts, we are unable to obtain the necessary access to your property we may end the contract.
14. Ownership and Risk
14.1 When you become responsible for the goods. Any goods will be your responsibility from the time when our Delivery Partner delivers the goods to the address that you gave to us or when you collect the goods from our Delivery Partner.
14.2 When you own goods. You own any goods once we have accepted your order and received payment in full for them. Where you have chosen to pay for the goods through a third party finance arrangement, this will be when we receive payment in full from the finance provider.
15. Trial Period
15.1 Extended trial period. You have a period of 30 days from receipt of your first purchase of a VAHA Fitness Mirror to decide if you wish to keep it. If you decide you have changed your mind and wish to cancel the contract within this 30 day period then you must contact us to let us know and you must arrange for return of the goods to us.
15.2 Further Purchases. For all other purchases you make, you will have 14 days from receipt to decide if you wish to keep them.
16. Returning Goods
16.1 Rejecting goods. You have certain legal rights to reject goods (for example if they are broken when you receive them). Please contact us if you wish to exercise your legal rights to reject goods.
16.2 Returning goods. You must either return any goods in person to Arrow XL, Ponders End Industrial Estate, E Duck Lees Ln, Enfield EN3 7SR, UK or allow us to collect them from you. Please contact us to arrange collection. You must send off the goods within 14 days of telling us you wish to end the contract. Handing the goods to our Delivery Partner will be sufficient to effect their valid return.
16.3 When we will pay the costs of return. We will pay the costs of returning the goods:
- if you are exercising your legal rights to reject the goods (for example, if they are faulty or misdescribed);
- if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
- if you are exercising your right under clause 15.1 to change your mind in the first 30 days of the contract.
In all other circumstances you must pay the costs of returning the goods.
16.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. We will charge GBP 40 for collection of each VAHA Fitness Mirror.
17. Refunds and Deductions
17.1 How we will refund you. When you return goods we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
17.2 Deductions. We may make deductions from the amount refunded:
- We may reduce your refund of the price of the goods (excluding delivery costs) to reflect any reduction in the value of the goods caused by your improper handling of them (for example, if you have handled them in a way which was not necessary for testing their condition and functionality). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, we will charge you an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 14 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
18. Payment options for goods
18.1 Payments by card. Our website accepts the following forms of payment:
3. American Express
If paying in this way your card will be debited with the full amount of the order at the time of purchase. We reserve the right to make the use of certain payment methods dependent on an identity check and/or a credit check.
18.2 Finance Arrangements. Our website offers the ability to finance the purchase of goods via our financing partner, Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, telephone: +46 8 120 120 00, fax: +46 8 120 120 99, e-mail: email@example.com (“Klarna”). Klarna will offer 0% APR financing for 12, 24, or 39 months. Your financing arrangement will be with Klarna and you will be responsible for making the agreed repayments to Klarna on time and in full. If you select this option then the Financing Terms and Conditions will apply. These are available here.
Part 3 – Terms Specific to Services
19. Providing the services
19.1 Our services. In order to use the VAHA Fitness Mirror it is necessary for you to register for a membership account and subscribe to our services. This can be done through your VAHA Fitness Mirror. These services are provided by VAHA Technologies Ltd., and this will be the party invoicing you for the services and with whom you have a contractual relationship in respect of our services.
19.2 Membership plans. Details of the available membership plans can be found here[h]. You may change to a different membership plan at any point. This can be done through your VAHA Fitness Mirror. A membership account gives you access to personal training sessions and live and on-demand classes accessible via the VAHA Fitness Mirror.
20. Service Conditions
20.1 Eligibility. Any person over the age of 18 may create an account and subscribe for the services. We will ask you to confirm your age when you activate a subscription. If we suspect that you are below the age of 18, we may suspend your account until we receive proof of age.
20.2 Accurate information. It is a condition of membership that all data provided by you during registration is accurate.
20.3 Security. You must keep your user name and access password strictly confidential. You are the only person entitled to use your account to utilize the services. You must inform VAHA immediately by calling or emailing us using the contact details set out at the start of these terms as soon as you become aware of any misuse of your passwords or your access to the services.
20.4 Technical Requirements. You must have an internet connection with at least 20 MB/s download speed in order to use our website and receive the services. If you do not meet this requirement, you may experience issues with the provision of the services and therefore with the use of the VAHA Fitness Mirror.
21. Setting up the services
21.1 When we will provide the services. We will supply the services to you from the point at which you activate your account. We will stop providing the services when you end the contract as described in clause 23.3 or we end the contract as described in clause 26.
21.2 Free period. The basic membership “VAHA membership” is free of charge for the first 30 days for the main account only. Any paid Sub Accounts that are set up under the main account will incur fees from the point they are set up. If you have subscribed for the basic membership but have ended the services within this 30 day period then you will not be charged. If you have subscribed for a different membership plan you may still end the service within the first 30 days but you will be charged for the time from the activation of your account to the date that you end the services.
21.3 Return of VAHA Fitness Mirror. If you return your VAHA Fitness Mirror within the 30 day trial period described in Part 2 of these terms then your membership will also be automatically terminated and you will not be charged for any services. If you return your VAHA Fitness Mirror after the end of the 30 day trial period then you will be charged for the services for the period from the end of the trial period to the date on which you returned the product.
22.1 Setting-up. Once you have registered for an account you are entitled to create sub-accounts (Sub Accounts) which may be used by other members of your household (Additional Members). You may set up a maximum of four Sub Accounts at any time.
22.2 Eligibility. Additional Members are required to meet the service conditions set out in clause 20 of these terms.
22.3 Payment. Once initially set up, there is no additional charge for any Sub Account. However, a free Sub Account will only have limited access to our services. A free Sub Account may be upgraded to a paid Sub Account which will give access to personal trainer sessions. This can be done through your VAHA Fitness Mirror. Details of the available membership plans can be found in the FAQ Area. Once a Sub Account has been upgraded in this way, you will have 14 days to change your mind and cancel the upgrade.
22.4 Closure of Sub Account. An Additional Member may close their Sub Account at any time by calling or emailing us using our contact details set out at the start of these terms to let us know. If the Sub Account has been upgraded to a paid account then it will be closed at the end of the next billing period, and you will be charged for the Additional Member’s membership up until the Sub Account is closed.
22.5 Closure of Main Account. If your main account is closed for any reason, then all Sub Accounts will also automatically end at the same time. If a Sub Account has been upgraded to a paid account as described in clause 22.3 of these terms then we will refund any unused training sessions for the billing period in which the Sub Account is terminated.
23. Service Duration and Cancellation
23.1 Initial period. When you activate a membership, you will be required to sign up for an initial period of 12 months. This does not affect your right to cancel the membership in the first 30 days for no charge.
23.2 Continuing contract. After the initial 12 month period your membership will automatically renew for successive 1 month periods until cancelled by you.
23.3 Ending the services. You may not cancel the services after the initial 30 day free period until the end of the 12 month initial period. If you want to end your membership after the end of the 12 month initial period please call or e-mail us using our contact details set out at the start of these terms to let us know. If you notify us that you want to cancel your account:
- during the initial 12 month period your membership will end at the end of the initial 12 month period.
- after the end of the initial 12 month period then your membership will end at the end of your next billing period, and you will be charged for your membership up until your membership ends.
Example: if, after the initial 12 month period has ended, your billing period starts on the 8th of each month and you tell us on 16th April that you wish to cancel your membership, your membership will continue for the current billing period (8th April to 7th May) and for the next billing period (8th May to 7th June). Your membership will then end on 7th June.
23.4 Account deletion. On termination of your membership your account will be suspended and you will no longer have access to it. We will retain details of your account for a period of 12 months in case you wish to reactivate your account. However, after this period your account and all data contained in it will be deleted.
24. Paying for the services
24.1 Payments by card. You are required to pay for your membership by arranging a monthly direct debit payment. This can be done when setting up an account through your VAHA Fitness Mirror or by contacting us.
24.2 Payment date. Your account will be debited with the full amount of the monthly subscription fee on the first working day of each billing period. A billing period is determined by the date on which you activate your membership.
Example: if you activate your membership on 8th March, payment is due each month on the first working day following the 8th of the month.
24.3 Credit checks. We reserve the right to make the use of certain payment methods dependent on an identity check and / or a credit check.
24.4 Payment rejection. If any direct debit payment is not honoured for any reason (for example due to insufficient funds in your account, the provision of incorrect bank details, or if you object to the direct debit even though you are not entitled to do so) then you will be responsible for paying any fees charged by your or our bank for dealing with the rejected payment.
24.5 Membership changes. If you change your membership plan to a plan with a different monthly cost, you will be charged the new cost from the date that the new plan takes effect and your direct debit will be automatically adjusted. If you have any queries please contact us.
25. Service Interruptions
25.1 Internet connectivity. We cannot be responsible for any interruptions to the services resulting from issues with the provision of internet services to the location of the VAHA Fitness Monitor.
25.2 Updates and amendments to the services. We may have to suspend the supply of a service to:
- deal with technical problems or make minor technical changes;
- update the service to reflect changes in relevant laws and regulatory requirements;
- make changes to the service as notified by us to you (see clause 4).
25.3 Suspension or withdrawal of services. We may need to suspend the services from time to time. Unless the problem is urgent or an emergency, we will contact you 14 days in advance to tell you we will be suspending supply of the service. If we decide that we are going to stop providing the services we will let you know in writing at least 30 days in advance.
25.4 Your rights on suspension of withdrawal of services. If we have to suspend the service for longer than 14 days in any 30 day period we will adjust the price for any affected month so that you do not pay for services while they are suspended. You may contact us to end your membership if we suspend the services for a continuous period of more than 30 days.
25.5 Refunds. If you end the services due to their suspension, or if we withdraw provision of the services or terminate them under clause 26, we will refund any sums you have paid in advance for services which will not be provided, including any amounts relating to any unused training sessions relating to any paid Sub Accounts.
Example: if we tell you that we will withdraw the services on 4th February we will continue to supply the services until 3rd March. We will only charge you for supplying the services up to 3rd March and will refund any sums you have paid in advance for the supply of the services after 3rd March.
25.6 Suspension for non-payment. If you do not pay us for the services when you are supposed to, or if a direct debit payment is rejected under clause 24.4 and you do not make payment within 9 days of the payment being due, we may suspend the supply of the services until you have paid us the outstanding amounts. As well as suspending the services we can also charge you interest on your overdue payments as described in clause 25.7. We will contact you by e-mail during this period to notify you of the failed payment and to provide you with an alternative method to make the payment.
25.7 Interest. Interest on late payments will be charged at a rate of 8% a year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
26. Our rights to end your membership
26.1 When we may end your membership. We may end your membership, and therefore your access to our services, at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 9 days of us reminding you that payment is due; or
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example any information required to set up any payment plans.
26.2 Our termination charges. If we end the service contract in the situations set out in clause 26.1 we will refund any money due to you as described in clause 25.5. However, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breach of these terms.
Part 4 – Important Health Statements
- The VAHA service offers health and fitness information and is designed for educational and entertainment purposes only.
- Not all exercise is suitable for everyone. A doctor should be consulted before taking up physical activities.
- You should refrain from overeating before exercise.
- To reduce the risk of injury, overuse and jerky movements should be avoided.
- The exercises do not replace medical examination or treatment.
- You should consult your doctor before using our products if:
- you are ill or pregnant
- you feel chest pain when engaging in physical activity
- you have a bone or joint problem that could be made worse by a change in your physical activity
- you have a history of high blood pressure or a heart condition.
- YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH. NOTHING STATED OR POSTED ON THE VAHA SITE OR AVAILABLE THROUGH ANY VAHA SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL ADVICE.