1. These Terms and Conditions apply to the provision of the services detailed in our (Services) by JPASD Trading Ltd a company registered in England and Wales under number 10367504 whose registered office is at 39 Umfreville Rd, London, N4 1RY (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you sign up for our training sessions from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf.
4. A "business day" means any day other than a Saturday, Sunday or bank holiday.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. From time to time BODYJUNKIES will advertise and market BODYJUNKIES classes and packages of classes describing each class or package and specifying the venue, date, start time, duration and price. In the advertising and marketing material any images relating to a class are for illustrative purposes only. BODYJUNKIES may from time to time offer certain classes or packages on certain terms to certain groups, without prejudice to the foregoing, may offer special introductory offers to new clients, which for the avoidance of doubt may not be available to existing clients or clients who for whatever reason have at any time cancelled their registration and re-registered with BODYJUNKIES.
7. From time to time BODYJUNKIES may need to make minor changes to classes or packages of classes to reflect changes in law and to implement improvements to class content.
8. Once registered with BODYJUNKIES a client may purchase any class or package of classes, or any other person may purchase any class or package of classes in the name of and for the client. Purchases will be recorded in the BODYJUNKIES website booking system. For the avoidance of doubt, no person may participate in any class unless he or she is registered with BODYJUNKIES at the time of the class.
9. Purchases of classes or packages of classes may be made online through the BODYJUNKIES app or website or in person at the BODYJUNKIES studio reception, and must be paid for in full by credit or debit card or cash at the time of purchase. For the avoidance of doubt, purchases may not be made by email.
10. Once a purchase has been made for a client using a credit or debit card BODYJUNKIES will record and keep the details of that card for use in future purchases. If the client does not wish for such details to be recorded and kept in this way, or wishes to make a particular purchase using a different credit or debit card or cash, he or she must notify BODYJUNKIES of this fact at the time of purchase.
11. A purchase of a class or a package of classes does not guarantee that the client will be able to attend any particular class. Classes are filled on a "first come first served" basis, and if a particular class is full or otherwise not available the cost of that class will be held to the credit of the client to be applied to another class to be selected by the client (subject to availability).
12. Following a purchase of a class or a package of classes BODYJUNKIES will send to the client an email either:
a. confirming the availability of each class purchased and the date, time and place of that class; or
b. where a particular class is full or otherwise not available, stating this fact and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability). If the client does not have access to emails BODYJUNKIES will upon request give such confirmations and statements by telephone. If the client does not have access to either emails or telephone then he or she must attend at BODYJUNKIES studio reception to be given such confirmations and statements in person.
12. If BODYJUNKIES has notified the client that a particular class is full or otherwise not available, the client will be added to a "waiting list" if he or she requests this online through the BODYJUNKIES website or app, or in person at BODYJUNKIES studio reception, quoting his or her BODYJUNKIES website username. For the avoidance of doubt, such requests may not be made by email. Once on the waiting list BODYJUNKIES may at any time up to 24 hours before the class start time send to the client an email notifying him or her that the class has become available and confirming the date, time and place of the class. If the client does not have access to either emails then he or she must attend at BODYJUNKIES studio reception to be given such notification and confirmation in person. If no such notification is given during such period the class shall be deemed to be full or otherwise not available to the client. BODYJUNKIES will not disclose any waiting list positions or updates. For the avoidance of doubt, the class cancellation provisions of clause 6.10 still apply where the client is on a waiting list.
13. From time to time for various reasons beyond its control, such as injury or illness to a trainer or the unavailability of a venue or studio, BODYJUNKIES may need to cancel a class that a client is due to attend. Not less than 24 hours before the class start time BODYJUNKIES will send to the client an email notifying him or her of the cancellation and confirming that the cost of that class will be held to his or her credit for application to another class to be selected by the client (subject to availability). If the client does not have access to either emails or telephone then he or she must attend at BODYJUNKIES studio reception to be given such notification and confirmation in person.
14. 10 A client may cancel any particular class that he or she is due to attend if not less than 12 hours before the class start time he or she gives to BODYJUNKIES written notification of the cancellation by post using any of the Royal Mail UK letter services for the time being addressed to the postal address set out in clause 1 or by hand to BODYJUNKIES studio reception, quoting his or her BODYJUNKIES website username. For the avoidance of doubt, such notifications may not be given by email or over the telephone. Following cancellation in accordance with clause 14. BODYJUNKIES will hold the cost of the cancelled class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability).
15. If a client fails to attend a particular class that he or she is due to attend, and has not cancelled that class in accordance with clause 14., BODYJUNKIES may (but is not obliged to) hold the cost of that class to the credit of the client and apply that credit to another class to be selected by the client (subject to availability). For the avoidance of doubt, if it is decided not to credit the client, the client will not be entitled to any refund of any of the cost of the class or any other compensation.
16. Where BODYJUNKIES holds any money to the credit of the client for more than 12 months or such other period as may be specified in the advertising or marketing of the relevant class or package of classes, the money will be deemed to have been spent by the client with BODYJUNKIES, and the client will not be entitled to any refund of any of the cost of the class or any other compensation.
17. The fees (Fees) for the Services are set out in Our prices and are on a time and class availability basis.
18. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.
19. We will invoice you for payment of the Fees either:
a. when we have completed the Services .
20. You must pay the Fees due before partaking in one of our services in accordance with any credit terms agreed between us.
21. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
22. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
23. Receipts for payment will be issued by us only at your request.
24.All payments must be made in British Pounds unless otherwise agreed in writing between us.
25. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
26. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
27. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
28. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions for:
a. any indirect, special or consequential loss, damage, costs, or expenses or
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
29. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
30. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
31. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
32. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
33. These Terms and Conditions are governed by and interpreted according to English law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.