Customer Terms and Conditions
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell MoveCredits (MoveCredits) to you.
These Terms will apply to any contract between us for the sale of Credits to you (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing any Passport Subscription or MoveCredits from our site. Please note that before purchasing anything you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to use or purchase anything from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in OUR RIGHT TO VARY THESE TERMS below. Every time you wish to purchase anything, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
INFORMATION ABOUT US
- We operate the website www.MoveUSA.com and www.MoveGB.com. We are GroupMove ltd, a company registered in England and Wales under company number 8124880 and with our registered office at 11 Laura Place, Bath, BA2 4BL, UK.
Our main trading address is 124 Walcot Street, Bath BA1 5BG. Our VAT number is 142 2242 57.
- We operate a Service which allows third party traders (our Partners) to advertise products, services and activities listed on our website and via our smart phone app from time to time (Product or Products) to consumers. You may enquire about these Products via our website and smart phone app. For details of the relationship between you and our Partners please see clause 4.
- We also sell MoveCredits which may be used as a form of payment when you buy Products from our Partners.
- This contract relates to the sale of MoveCredits by us to you. It does not relate to the purchase of Products from our Partners. When purchasing Products, please refer to the terms and conditions as provided by our Partners. For clarity all Products are purchased directly with the Partner with MoveCredits used as the payment method.
- To contact us, please see our Contact Us page/footer of our website.
- You may only purchase MoveCredits from our site if you are at least 16 years old (18 years old if paying via PayPal).
- MoveCredits are sold to you on the basis that you are a consumer.
- MoveCredits may be purchased from us to be assigned to and redeemed against Products provided by our Partners.
- MoveCredits can be used as payment or partial payment for Products listed in our website.
- You may choose to buy MoveCredits from us either on a ‘Pay as you Move’ basis or through a monthly subscription (see Subscription Clause).
- In the case that a subscription MoveCredit does not cover the whole cost of a product, you may cover the remainder of the cost on a 'Pay as you Move' basis.
- Some Products are only available when purchasing MoveCredits on a subscription basis.
Pay As You Move Membership and Coach Support Fees
If you opt to purchase your MoveCredits on a Pay As You Move basis you will have
to first purchase a Pay As You Move Membership. This membership fee covers your
Coach Support (email and phone support to help find activities). All other
payment on Subscriptions are 100% assigned to your Weekly MoveCredits and this
Coach Support is included free of charge.
- You are limited to one trial of the Service, any subsequent trials you set up for yourself will be considered Invalid Trials,
even if you have used a different emails address or credentials to activate the account. A trial can be accessed via a number of channels including, but not limited to,
a voucher or coupon purchased via a 3rd party provider and/or a free trial or low cost offer from the Website. If you are found to have an Invalid Trial, your account
will be deactivated immediately and MoveGB reserve the right to charge you for any MoveCredits redeemed during said Invalid Trial. In reference to the your consumer
rights, including Distance Selling rights, the point of purchase is the start of you trial and use of the service will have been deemed to have occurred if you have
used any account (valid or Invalid Trial accounts).
For clarity any Invalid Trial accounts that upgrade will not be entitled to a refund.
- If you opt to buy MoveCredits on a subscription basis you are committing to a monthly contract that will automatically credit your account with the relevant number of Weekly MoveCredits at the beginning of each week (referred to on the site as "Included Weekly Activities"). You may choose from different subscription packages. Details of the packages including details of prices can be found in the price plans section of our website.
- An initial payment of the first month's subscription fee will be taken from you upon opting for monthly subscription when a Contract will be formed in accordance with clause 1.18. A further subscription fee will be taken from you at 28-day intervals from the date you joined until you decide to cancel.
- You will be assigned a number of MoveCredits each week (referred to as Included Activities) as detailed in your Passport Plan. If your Passport Plan does not include any Weekly MoveCredits (Included Weekly Activities) your subscription is simply for the use of the site and Pay As You Move Passport. All fees are non refundable subject to clauses 28 - 35.
- There is no minimum term for the subscription option. You may terminate your subscription at any time provided that you notify us of your intention to cancel at least 28 days before your next monthly payment is due. You can notify us via email or, if available through the 'De-activate' option in the My Account section of our website.
- Upon cancelling your subscription, any MoveCredits already purchased and credited to your Account shall be lost and shall not be re-fundable except for in accordance with YOUR CANCELLATION AND REFUND RIGHTS Clause.
- You may also change your subscription to a different price plan, provided that you notify us at least 5 days before your next monthly payment is due. You can notify us via email or, if available through the 'View other price plans' option in the My Account section of our website.
DESCRIPTION OF OUR PARTNERS SERVICES - WHILE WE MAKE EVERY EFFORT TO ACCURATELY DISPLAY AND DESCRIBE THE SERVICES PROVIDED BY OUR PARTNERS, THESE SERVICES MAY VARY SLIGHTLY FROM THE DESCRIPTIONS AND IMAGES CONTAINED WITHIN OUR WEBSITE.
- Fair Usage Policy - some of our subscriptions may refer to an "unlimited" number of MoveCredits so you can do an unlimited number of sessions, activities or workouts. However, a fair usage policy applies to these subscriptions. Our fair usage policy is 7 sessions per week. If you go over this, that is no problem and you will just be billed for additional MoveCredits equal to the Pay As You Move price of the session. This policy lets us manage the usage of a very small group of the heaviest users, to maintain a higher quality of service for all customers.
- No-Show Penalty - if you have used MoveCredits to book an attendance at a Move Partner Venue and fail to attend the pre-booked session, without cancelling your booking 24 hours in advance either through our website or by successful contact with a member of our team, you will be liable to pay a No-Show Penalty.
USE OF OUR SITE
- Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms that apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- When you sign up, please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below
- We will confirm our acceptance to you by sending you an e-mail that confirms that your Move Passport is active ("Purchase Confirmation"). The Contract between us will only be formed when we or one of our payment processing partners send you the Purchase Confirmation.
OUR RIGHT TO VARY THESE TERMS
- We may revise these Terms from time to time including but not limited to:
- changes in how we accept payment from you;
- the process of how the contract is formed;
- expiration of both types of MoveCredits;
- prices and terms of any subscription you may have with us; and
- changes in relevant laws and regulatory requirements.
- Every time you purchase MoveCredits from us, the Terms in force at that time will apply to the Contract between you and us.
- Whenever we revise these Terms in accordance with this clause, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
- We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
MISUSE OF MOVECREDITS
- We reserve the right to be exercised at our absolute discretion to terminate your membership and to close your Account if we reasonably believe you have done any of the following things:
- Deliberately made a false statement to us or our Partners regarding the redemption of MoveCredits against Products (for example, claiming not to have attended a gym session when having done so);
- Attempted to re-sell your MoveCredits or act in any manner inconsistent with you buying MoveCredits as a consumer;
- Acted in an inappropriate or disrespectful manner towards any of our employees or employees of our Partners either in person, by telephone, via email or on chat forums.
EXPIRATION AND TRANSFER OF MOVECREDITS
- "Using MoveCredit" - When you Purchase (book or attend) a Product the relevant MoveCredits are used to pay the Partner for that Product On using your MoveCredits you will not be able to redeem, refund or exchange these MoveCredits. Note that in some cases the Partner may not redeem the MoveCredits from your Account for some time after you have Purchased their Product. Please alert us if you believe this has occurred using the Contact Us area of the site.
- Expiration of Weekly MoveCredits - Your Weekly MoveCredits are assigned to your Account at the beginning of the week and last for a period of one week only. If you do not Use these MoveCredits within that week they will expire at the end of the week. You will not be entitled to a refund in respect of expired Weekly MoveCredits
- Expiration of Move Store Credits - You have a period of one month starting from the time Move Store Credits are credited to your Account in which to Use or Assign them to a Product or Products listed on our website. If not Used or Assigned Move Store Credits shall expire one month from the date on which they are credited to your Account. You will not be entitled to a refund in respect of expired Move Store Credits.
- From the time Store Move Credits are “Assigned” (Store Move Credits are assigned by adding a Product into your MoveLIst page) to a particular Product via our website or smartphone app, you will be subject to a time limit in which to redeem the Store Move Credits against the chosen Product. This time limit is normally 6 months but may vary depending upon the Product. If shorter than 6 months, details of the time limit applicable to a particular product/service are contained within the listing of the Product on our website and via our smart phone app. We recommend that you take time to check these time limits carefully so as to avoid disappointment. Following the expiration of the relevant time limit, the Assigned MoveCredits shall expire.
- In the event that a Product to which MoveCredits have been Assigned is cancelled or postponed or the Partner fails to supply the Product, the MoveCredits in question shall remain valid and shall be treated as though they had not been Assigned to the Product in question.
- Subject to Clause (your rights of cancellation), in the event of you having Assigned MoveCredits to a particular Product and you having not booked or used that Product, it shall be at our sole discretion whether to allow the Store Move Credits to be transferred to an alternative product/service.
YOUR CANCELLATION AND REFUND RIGHTS
- You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep your MoveCredits, you can notify us of your decision to cancel the Contract and receive a refund provided that you have not already spent the MoveCredits on Products. Advice about your legal right to cancel the Contract under these regulations is available from your Citizens' Advice Bureau or Trading Standards office in the UK.
- Your legal right to cancel a Contract starts from the date on which you are sent a Purchase Confirmation which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel, starting from the day after the day on which you receive the Purchase Confirmation. Working days means that Saturdays, Sundays or public holidays are not included in this period.
- To cancel a Contract, please contact us via one of the methods listed in the Contact Us section of our website.
- You will receive a full refund of the price you paid for the MoveCredits. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 33.
- We refund you on the credit card or debit card or bank account used by you to pay.
- Details of your legal right to cancel and an explanation of how to exercise it are provided in the Purchase Confirmation.
- As a consumer, you will always have legal rights in relation to Products that are not as described. These legal rights are not affected by the refunds policy in Clauses or of these Terms.
- Please note that save for as provided in this clause , you are not entitled to a refund in relation to any MoveCredits purchased.
- Certain Products offered by our Partners are subject to minimum or maximum requirements; for example age, health, height or weight. We recommend that you take the time to view the terms and conditions applicable in relation to each Product you purchase so as to avoid disappointment.
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
- We refer you to clause 1.4 above. We cannot accept any liability for the actions of our Partners or any breach by them of their terms and conditions of sale which apply to a sale of Products by them to you.
- MoveCredits are sold to you on the basis that you are a consumer. You agree not to use the MoveCredits for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause below.
- An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
COMMUNICATIONS BETWEEN US
- When we refer, in these Terms, to "in writing", this will include e-mail.
- If you wish to contact us in writing, please see the Contact Us section of our website.
- If you are exercising your right to cancel under clause, please see that clause for how to tell us this.
- If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Please note that these Terms are governed by English law if you purchased in the UK and the State of New York if you purchased in the US. This means a Contract for the purchase of MoveCredits through our site and via our smart phone app and any dispute or claim arising out of or in connection with it will be governed by English law or New York state law. You and we both agree to that the courts of New York for US customers, and England and Wales for UK customers will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.