terms of sale.

Background:
(A) These Terms of Sale, the Attachment and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Content, accessed via Subscriptions, is provided by Us to Consumers through the website at www.GRNDHOUSE.com and its related websites, applications, devices or platforms that we may operate from time to time (“Site”).
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(B) Please read these Terms of Sale carefully and ensure that you understand them before setting up an Account and accessing anySubscription.  If you have any query about anything in these Terms of Sale, please Contact Us to discuss. When setting up an Account before accessing any Subscription, you will be required to read, accept, and agree to comply with and be bound by these Terms of Sale.If you do not, you will not be able to set up an Account and access Content through the Site.
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(C) All of the information that We give to you will be part of the terms of Our Contract with you as a Consumer whether it is information that We:
(i) are required by law to give to you before you order a Subscription; or
(ii) voluntarily give to you and you rely on it either when deciding to order a Subscription or when, subsequently, you make any decision about the Subscription.
We give you some of that information before you order a Subscription and some it is set out in these Terms of Sale and the attachment below.

(D) These Terms of Sale, as well as any and all Contracts, are in the English language only.
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1. Definitions and Interpretation
‍In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the account, referred to in Clause 6.1,  that you must setup with Us in order to access any Subscription or Content on  our Site;

“Background  Items”means background and other information about  topics relevant to the health, fitness, wellness, diet and/or nutrition programmes  that We provide to you, downloadable or viewable as text/graphics;

‍“Consumer” means an individual customer who is to receive  or use Our services comprising Content for their personal use and for purposes  wholly or mainly outside the purposes of any business, trade, craft or  profession;

‍“Contract” means a contract for the purchase of a  Subscription to access any Content, as explained in Clause 6;

‍“Content” means any digital content (including text, graphics, images, audio, and video) comprising any fitness, wellness,  health or nutrition training, instruction, session or course, or any other materials  or other information related thereto, sold by Us through Our Site and made  available by Us. We may if so We  decide in our discretion at any time and without notice substitute any trainer  or instructor or other individual(s) presenting any digital content on Our behalf;

‍“Subscription” means a subscription to Our Site accessed  by you which provides you with access to Content which comprises either:
(a) one or more specific single events or items;  and/or
(b) one or more series or collections of two or  more specific events or items; and/or
(c) one or more or all types of events or items  available on or via Our Site; and
(d) the Background  Items. We will give  you information about the period of access to (a), (b) and (c) before you confirm  your the Subscription which will include the information described in Clause 6.4.
Every Subscription  will include access to the Background Items for the whole period of the Subscription,  and they will all be accessible as soon as We have sent you a Subscription  Confirmation;

‍“Subscription  Confirmation” means Our acceptance and confirmation of your  of a Subscription;

‍“Subscription  ID” means the reference number for your Subscription;  and

‍“We”, “Us”,  “Our”means GRNDHOUSE LTD, a limited company  registered in England under 12899538 whose registered address is c/o Insanity  Group, 9 Derry Street, London, W8 5HY.

2. Contacting Us
2.1 you can get hold of using the details on the ContactUs section of this Site.
2.2 To make a complaint, see Clause 15.

3. Consumers only and Age Restriction
Only a Consumer may purchase a Subscription and access Content on or through Our Site. Only if that person is aged at least eighteen years of age may they do so.

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

5. Subscriptions, Content, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all descriptions of Subscriptions and Content available from Us correspond to the actual Subscription and Content that you will receive.
5.2 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 28 calendar days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in Clause 12.1.
5.3 Minor changes may, from time to time, be made to certain Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Content and should not normally affect your use of that Content. However, if any change is made that would affect your use of the Content, suitable information will be provided to you.
5.4 In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Content. If We do so, We will inform you at least 2 calendar days before the changes are due to take effect. If you do not agree to the changes, you may cancel the Contract as described in Clause 12.1.
5.5 Where any updates are made to Content, that Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Content. Please note that this does not prevent Us from enhancing the  Content, thereby going beyond the original description.
5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that you have already placed (please note Clause 5.10 regarding VAT, however).
5.7 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 14 calendar days We will treat your order as cancelled and notify you of this in writing.
5.8 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. you may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to Clause 12.4.
5.9 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
5.10 All prices on Our Site include VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of setting up an Account and accessing a Subscription. Before completing your confirmation of a Subscription, you will be given the opportunity to review your order for the Subscription and amend it.  Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Content that results from you providing incorrect or incomplete information.
6.3 No part of Our Site constitutes a contractual offer capable of acceptance.  your confirmation of a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that We have accepted it. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.4 Subscription Confirmations shall contain the following information:
6.4.1 your Subscription ID;
6.4.2 Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Content available as part of it;
6.4.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
6.4.4 The duration of your Subscription (including the start date, and renewal date);
6.4.5 Confirmation of your acknowledgement that the Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Content as detailed below in Clause 11.1;
6.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Content, the period during which it can be accessed which will be either (a) the whole period of the Subscription; (b) or a specific period commencing on a stated date that is shorter than that whole period.
6.5 From time to time we may offer a free trial period (“Free Trial”) to new customers to access the Site. The duration of such Free Trial will be communicated as part of the relevant offer. You will not be charged until the end of the relevant Free Trial period. If you would not like to continue your Subscription, you much cancel your Free Trial prior to the end of the relevant Free Trial Period.
6.6 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.
6.7 Any refunds under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.8 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.

7. Payment for Subscriptions
7.1 Payment for Subscriptions must always be made in advance. your chosen payment method will be charged when We process your order and send you a Subscription Confirmation.
7.2 We accept the following methods of payment on Our Site:
7.2.1 All major credit cards and debit cards;
7.3 If you do not make any payment due to Us on time, We will suspend your access to the Content.  For more information, please refer to Clause 8.6.  If you do not make payment within 24 hours of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.
7.4 If you believe that We have charged you an incorrect amount, please contact Us at support@grndhouse.com as soon as reasonably possible to let Us know. you will not be charged for Content while availability is suspended.  

8. Provision of Content
8.1 We agree to make available to you on these Terms of Sale the Content for which you subscribe but if you choose not to access or make any permitted use of some or all of that Content or, for any reason not attributable to Us you are unable to do so, you will not be entitled to any refund.
8.2 Content appropriate to your Subscription will be available to you from when We send you a Subscription Confirmation for the duration of your Subscription, including any renewals, or until you end the Contract, on and subject to the following:
8.2.1 An item of Content requested will be available when stated in the information that We provide about it before you place your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.
8.2.2 If an item of Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item or by other circumstances.
8.3 When you place an order for a Subscription, you will be required to expressly acknowledge that you wish Content to be made available to you immediately. you will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see Clause 12.1 for more information.
8.4 In some limited circumstances, We may need to suspend the provision of Content (in full or in part) for one or more of the following reasons:
8.4.1 To fix technical problems or to make necessary minor technical changes;
8.4.2 To update the Content to comply with relevant changes in the law or other regulatory requirements;
8.4.3 To make more significant changes to the Content, as described above in Clause 5.4.
8.5 If We need to suspend availability of the Content for any of the reasons set out in Clause 8.4, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Content, in which case We will inform you as soon as reasonably possible after suspension). If the suspension lasts (or We tell you that it is going to last) for more than 7 calendar days, you may end the Contract as described below in Clause 12.2.
8.6 We may suspend provision of the Content as follows if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 24 hours of Our notice, We may suspend provision of the Content until We have received all outstanding sums due from you. If We do suspend provision of the Content, We will inform you of the suspension. you will not be charged for any Content while provision is suspended.
8.7 Any refunds under this Clause 8 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
8.8 Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Subscription.

9. Licence
9.1 When you access a Subscription to access Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access, participate in and use the relevant Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Content (including any material that We may licence from third parties).
9.2 The licence granted to you under Clause 9.1 is subject to the following usage restrictions and/or permissions:
9.2.1 you may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); and
9.2.2 If exceptionally any Content two way livestream facility item or event accessible or available to you is also simultaneously made accessible or available by Us to any other person(s), you may not use that two way livestream facility to communicate or make accessible to any such other person(s) anything (by voice, text, image or otherwise) except as We may expressly request or permit in any case; and
9.2.3 you may not record (including screen recording) the Content (or any part of thereof).

10. Problems with the Content
10.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. your available remedies will be as follows:
10.1.1 If the Content has faults, you will be entitled to a repair or a replacement.
10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
10.1.3 If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation.  Please refer to Clause 13.3 for more information.
10.2 Please note that We will not be liable under this Clause 10 if We informed you of the fault(s) or other problems with particular Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content), if you have purchased the Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
10.3 If there is a problem with any Content, please contact Us at support@grndhouse.com.
10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
10.5 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
10.6 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Cancelling your Subscription
11.1 If you are a Consumer in the UK, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
11.2 After the cooling-off period, you may cancel your Subscription at any time. However, subject to Clause 11.3 and Clause 13, We cannot offer any refunds and you will continue to have access to the Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
11.3 If you access a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Content.  Provided you have not accessed any Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed any Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
11.4 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation via your account settings on the Site. If you would prefer to contact Us directly to cancel, please email support@grndhouse.com.
11.5 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
11.6 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.

12. your Other Rights to End the Contract
12.1 you may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Content (as described in Clauses 5.2 or 5.4), or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rata refund. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Content until that date.
12.2 If We have suspended availability of the Content for more than 7 calendar days, or We have informed you that We are going to suspend availability for more than 7 calendar days ,you may end the Contract immediately, as described in Clause 8.5.  If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.3 If there is a risk that availability of the Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately.  If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.4 If We inform you of an error in the price or description of your Subscription or the Content and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a pro-rata refund.
12.5 you also have a legal right to end the Contract at any time if We are in breach of it. you may also be entitled to a full or partial refund and compensation.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12.6 Refunds under this Clause 12 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
12.7 If you wish to exercise your right to cancel under this Clause 12, you may inform Us of your cancellation via your account settings on the Site. If you would prefer to contact Us directly to cancel, please email support@grndhouse.com.
12.8 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.

13. Our Liability to Consumers
13.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
13.2 Our Content is intended for non-commercial use only. We make no warranty or representation that the Content is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
13.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation. Please note that We will not be liable under this provision if:
13.3.1 We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or
13.3.2 The damage has been caused by your own failure to follow Our instructions; or
13.3.3 your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.
13.4 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
13.5 Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13.6 We will not be responsible or liable if you are unable to access any Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the attachment below).

15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15.2 All complaints are handled in accordance with Our internal complaints handling policy and procedure.
15.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
15.3.1 In writing, addressed to GRNDHOUSE Ltd c/o Insanity Group, 9 Derry Street, London, W8 5HY;
15.3.2 By email, addressed to support@grndhouse.com;
15.3.3 Using Our complaints form, following the instructions included with the form.

16. How We Use your Person Information (Data Protection)
‍We will only use your personal data as set out in Our Privacy Policy and Cookie Notice.

17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
17.2 you may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
17.3 The Contract is between you and Us.  No other person shall have any rights to enforce any of its terms.
17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against you under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require you to make any payment which has become payable under the Contract.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see Clause 12.1 above).

18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
18.2 As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 As a Consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

Last updated: 1 January 2021