1.Welcome to DAN’S. 1.1 Our full company name is Andean Success Limited (referred to in these terms as DAN’S, we, us or our). Our registered company number is 10788522 and our registered address is 13 Dorset Street, London, W1U6QT, United Kingdom. Our VAT registration number is 299211772. Our website can be found at: www.dans.co.uk. 1.2 Here you will find the Terms and Conditions (“Terms”), that form the basis on which we provide access to our On Demand services (“DAN’S On Demand”), including (but not limited to) DAN’S Fitness, DAN’S Soul and DAN’S School Please read these Terms carefully before using our Services. 3. Please be aware that by using our Services you accept the entirety of our Terms. 4. These Terms will form a legally binding contract between yourself and DAN’S. Breaching any of the terms of DAN’S may result in your account being terminated and refused access to our Services. 5. We reserve the right to amend our Terms from time to time. Notifying anyone of these amendments is at our discretion and continuing to use our Services after a revision or amendment takes effect will be deemed as an agreement to the revised or amended Terms. 6. We may amend our Services at any time and do not guarantee to offer any particular service. 7. These Terms were last updated 24/04/2020 8. These Terms set out the terms upon which we agree to provide the Services to you and constitute the entire agreement and understanding between us. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material. Each of us acknowledges that, in entering into these Terms, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those set out expressly in these Terms. 2.Creating an Account 1. To create an account and use our On Demand Services you must: o 2.1 (a) Be over the age of 18 o 2.1 (b) Confirm that you have no health problems that may affect your participation in using any of our Services. o 2.1 (c) Agree to comply with these Terms
o 2.2 (c) A password (this allows you to access your DAN’S On Demand account) o 2.2 (d) Your address o 2.2 (e) The payment details with which you with to purchase Credit (which is shared directly with Stripe, our payment provider for our DAN’S On Demand service). 3. Any other information reasonably requested by us as part of the sign up process. 2.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. You must ensure that the information in your account is updated regularly with any relevant changes. 2.5 We reserve the right in our absolute discretion to refuse to register any given prospective user. 3. Purchasing On Demand Videos
3.1 24-hour Free Trial, after which payment will be taken monthly. This will be taken unless you cancel your subscription before your 24-hour Free Trial ends. 3.2 All of the Sessions we offer are the duration advertised on the website rounded down to the nearest minute. 3.3 Details of our latest prices can be found on our Website. We reserve the right to change our prices for subscriptions from time to time at our discretion. 3.4 Subject to clause 10.1 which outlines your consumer rights, all charges for the purchase of subscriptions are non-refundable. 3.5 You may not transfer subscriptions to another user. Subscriptions activate immediately from purchase. 3.6 Payment for all orders processed on the Website must be made by credit or debit card on the checkout page using our payment provider Uscreen and Stripe, which accepts payment from most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. 4. Monthly and Annual Subscriptions 4.1 You will be billed each month for your DAN’S On Demand subscription unless you chose to cancel on your Account page 4.2 Your will be automatically billed after your 24 hour Free Trial unless you cancel your Subscription. 4.3 Subscriptions give you unlimited access to all DAN’S On Demand workouts. 4.4 Subscriptions cannot be frozen. 4.6 Monthly subscriptions have a 30 day cycle and validity, renewing every 30 days. 5. Cancelling a Subscription & Closing your Account 5.1 You may cancel your subscription through the Account page of our website at any time. Please note that all purchases of subscriptions are non-refundable. 5.2 If you wish to close your account you may do so on the Website or by
contacting us at any time. 5.3 We may close your account if we believe that you breach any of our Terms.
6. Your Health and Wellbeing 6.1 You must, at the time of registering and whenever using our facilities and Services, be in good health and have no disability, impairment, injury, disease or ailment preventing you from engaging in active or passive exercise or which would cause increased risk of injury or adverse health consequences as a result of use of our facilities or Services. 6.2 You acknowledge that Sessions involve intense physical exercise and you accept that it is your sole responsibility to ensure that you are able to participate in a Session. If you have any injury that may prevent full participation you should discuss this with a medical professional before participating in any Service.
6.3 You are required to follow the instructions of instructors at all times during a Session. You may not train or coach other users of our Services at our facilities or offer to do so. 6.4 Any advice from our instructors does not constitute medical advice, and we strongly recommend that you consult a qualified healthcare professional prior to commencing a Session if you have any concerns about your health or wellbeing. 6.5 You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the Sessions. 7. Your Use of DAN’S On Demand 7.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
7.2 You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
7.3 You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
7.4 You agree that you will comply with any applicable third party terms of agreement when using the Services.
7.5 You agree that your use of the DAN’S On Demand Services will be reasonable and you will not abuse the DAN’S On Demand Services.
7.6 You agree that you will not:
a. impersonate any other person or use our Services for any unlawful purposes b. use the Services for any commercial or business purpose or the benefit of any third party; c. sell, transfer or try to sell or transfer an account with us or any part of an account; d. contravene any regulations or requirements of any network connected to our Services; e. disrupt or interfere with our Services or networks or servers that provide our Service; f. use virtual private networks, false email addresses or any other means to mask your identity; g. attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information; h. disable or modify any copy protection technology used on our Services; i. alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services; j. collect, harvest or ‘scrape’ any data from any web pages contained in our Site; k. upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation; l. upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law; m. do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation; n. interfere with another user’s use and enjoyment of the Site or the Services; or use our Services in any other way not permitted by these Terms.
7.7 We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
8. Limitation of Liability 8.1 Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
8.3 We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
8.4 Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant subscription and the losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
8.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
8.6 We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services. 8.7 We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8.8 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
• 10.1 (c) For any other liability that may nor, under English law, be excluded or limited. 10.2 You acknowledge that by using our Services you have voluntarily chosen to participate in strenuous physical exercise. You accept that there are inherent risks and dangers in performing exercises of the nature that we offer as part of our Services, and that some of these risks cannot be eliminated regardless of the reasonable care taken to avoid injuries. We strongly recommend that you consult your doctor prior to commencing any Session. 10.3 Subject to clause 9.1, we shall not be liable to you (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason) for any loss or damage which arises as a result of: • 10.3 (a) The actions of a third party unconnected with or Services under these terms • 10.3 (b) Any circumstances for which you are at fault; • 10.3 (c) or any circumstances which we cannot reasonably be expected to control. 10.4 You are solely responsible for protecting your account login details and password and we will not be liable for any loss or damage that may result from your failure to do so. 10.5 Subject to clause 9.1, We will not be responsible to you for any loss of profit or any consequential loss arising from our contract with you, and our total liability to you under the contract will not exceed the total fees paid by you.”Consequential loss” means losses such as loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, indirect loss. 11. General 11.1 You may not sub-license or assign any of the rights or obligations under these Terms. 11.2 We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so. 11.3 All notices given by you to us or vice-versa must be given by email or in writing to our address stated at the beginning of these Terms. 11.4 We may give notice to you at either the email or postal address you provide to us when placing an order. 11.5 If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned. 11.6 If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain. 11.7 No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the agreement between us. 11.8 These Terms are governed by English law. We both agree to submit to the nonexclusive jurisdiction of the English courts.
12. Contacting Us 12.1 Please submit any questions you have about these Terms or any problems concerning our Services and their use to us by: • 12.1 (a) Email: firstname.lastname@example.org • 12.1 (b) Phone: 020 7998 4086 • 12.1 (c)Post: The Operations Manager, 5 Cavendish Place, London, W1G 0Q