Membership Terms & Conditions
énergie online is an online fitness platform which provides users with access to live classes, on demand workouts, delicious recipes, exclusive podcasts, virtual cook-a-longs & inspiring blogs.
Thank you for choosing énergie Online and welcome to the services operated by Digitally Empowered Limited via our website available at https://www.energieonline.co.uk (the “Site“) or any other device along with the classes with the énergie Online trainers (the “énergie Online Product“), and any other services that we may provide in relation to the services, such as customer support, social media, community channels and other websites that we may operate from time to time (together, the “Services“).
These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply to all users that register an account with us. You agree that by subscribing or otherwise registering, downloading, accessing, or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.
- These Terms were last updated on 11th June 2021.
- The Services are operated by Digitally Empowered Limited (“us“, “we“, “our” or “énergie Online“). Further information about énergie Online, including how to contact us, is set out in section 13, below.
- You agree that you are at least 16 years old and that if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
- We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on our website (https://www.energieonline.co.uk the “Site“) with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.
- The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of énergie Online and/or third party licensors.
- We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
- You agree not to remove, obscure, or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit, or adapt the Materials.
- If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence at any time (and without notice).
- 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.
- 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.
- 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).
- You agree that you will comply with any applicable third-party terms of agreement when using the Services.
- You understand that you can only use the énergie Online Product on compatible devices.
- You agree that you will not:
- impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes
- use the Services for any commercial or business purpose or the benefit of any third party;
- sell, transfer or try to sell or transfer an account with us or any part of an account;
- contravene any regulations or requirements of any network connected to our Services;
- disrupt or interfere with our Services or networks or servers that provide our Services;
- use virtual private networks, false email addresses or any other means to mask your identity;
- 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;
- disable or modify any copy protection technology used on our Services;
- not to 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;
- collect, harvest or ‘scrape’ any data from any web pages contained in our Site;
- 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;
- 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;
- 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;
- 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.
- 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.
5. COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN
- Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
- If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Services, without your authorisation, or in any other way that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:
- a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;
- a description of the works that you claim is infringing or where it is located on the Services, with enough detail that we may verify its existence;
- a description of the copyright works that you claim have been infringed;
- your full name, address and telephone number and a valid email address on which you can be contacted;
- a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.
- Please send the notice containing the above information by email to email@example.com
- Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.
- We have no control over and do not warrant in any way that the content or other information and materials provided by third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.
- As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in live or on-demand classes, activities and any other products and/or services which are provided by third party trainers via the énergie Online platform (the “Session(s)“). You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that the Sessions together with any health, fitness and nutritional information are provided by third parties and we take no responsibility for such content. Please read our Health Commitment Statement for more details.
- You acknowledge that some of the Sessions may be physically demanding, and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part and that your participation in the Sessions will not pose any unusual or serious risks to your health and well-being. By accessing our Services and taking part in any of the Sessions you warrant and represent that you are fit and healthy to take part in the Sessions.
- We do not provide medical aid or nutrition advise for the purpose of health or disease nor do we claim to be doctors or dietitians. Any product recommendation is not intended to diagnose, treat, cure, or prevent any disease.
- 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. If you are between the ages of 16 and 18, you agree that your legal guardian has reviewed and agreed to the Health Commitment Statement.
All information presented and written within the Site is intended for informational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.
The writers and publishers of the Site are not always nutritionists or registered dietitians. Statements within this site have not been evaluated or approved by the Food and Drug Administration.
You are ultimately responsible for all decisions pertaining to your health. Each individual’s dietary needs and restrictions are unique to the individual. You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. The writers and publishers of this site are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes or suggestions herein or hereafter.
Énergie online occasionally offers nutritional information for recipes contained on this site. This information is provided as a courtesy and is an estimate only. This information comes from online
calculators. Although énergie online attempts to provide accurate nutritional information, these figures are only estimates.
Varying factors such as product types or brands purchased can change the nutritional information in any given recipe. Also, many recipes on énergie online recommend toppings, which may or may not be listed as optional and nutritional information for these added toppings is not listed. Other factors may change the nutritional information such as when the salt amount is listed “to taste,” it is not calculated into the recipe as the amount will vary. Also, different online calculators can provide different results.
To obtain the most accurate representation of the nutritional information in any given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe. You are solely responsible for ensuring that any nutritional information obtained is accurate.
You may NOT participate in any class wearing open-toe shoes such as sandals, high heels, flip flops, etc. You may NOT participate in any cooking class wearing Crocs brand shoes or similar loose footwear. We reserve the right to deny participation to anyone who arrives without closed-toe shoes.
The user shall indemnify, defend, and hold énergie online, its shareholders, directors, agents, affiliates and employees harmless (i) against any third party claim, action, suit or proceeding arising from services provided to the user pursuant to these terms and conditions; and (ii) for all losses, damages, liabilities and all reasonable expenses and cost (including all legal costs) incurred by énergie online as a result of a judgement entered against or joining énergie online in any such claim, action, suit or proceeding.
By taking part in any live or on demand cooking session, you agree to these Terms.8. LIMITATION OF LIABILITY
- 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.
- 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.
- 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.
- 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.
- Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
- 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.
- 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.
- 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.
- 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.
- There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
- We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the énergie Online Product. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the énergie Online Product then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the énergie Online Products or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
- To the fullest extent permitted by law, you agree to indemnify and hold énergie Online harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:
- your breach of these Terms;
- any allegation that any materials that you submit to or post on our Services infringe or otherwise violate the rights of a third party; and
- your access or use of our Services.
- To access the énergie Online Product you will need to purchase a subscription. The charge for the subscriptions you can purchase shall be as stated at the time you place the order, except in the case of obvious error.
- From time to time, énergie Online may offer a free trial subscription for access to the énergie Online Product (“Free Trial Period“). The duration of the Free Trial Period will be clearly communicated at the point of activation.
- You will not be charged during the Free Trial Period. If you continue to use our Services after the expiry of the Free Trial Period we will begin to charge you for the énergie Online Product when the Free Trial Period expires, unless you cancel your subscription before midnight on the date of the expiry of the Free Trial Period.. Each énergie Online account is entitled to no more than one Free Trial Period.
- You can purchase a subscription on our Site by setting up a Direct Debit.
- Your subscription will automatically renew at the end of your subscription period until you decide to cancel. You must cancel at least 5 days before the end of your subscription period, otherwise it will be automatically renewed for another period.
- If you have a discount code, you must enter this and purchase your subscription on the Site only. Your subscription will automatically renew at the full price for the relevant subscription at the end of your subscription period unless stated otherwise at the time of receiving your code.
- You agree that all sales by us to you of subscriptions are final and that we will not refund any transaction once it has been made.
- We may change the pricing for the subscriptions offered through the Services at any time. You are only allowed to obtain subscriptions from us or our authorised partners through the Services, and not in any other way.
- Without limiting this section, if we suspend or terminate your account in accordance with these Terms you may lose the remainder of any subscription that you may have, and we will not compensate you for this loss or make any refund to you.
- Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase.
11. YOUR RIGHT TO CANCEL ENERGIE ONLINE SUBSCRIPTION
- 14 day cancellation right
- Once you have purchased a subscription, you have the right to cancel and be reimbursed for all payments received within 14 days of receipt of your request. Please note that if you choose to view or download any of the content which forms part of the énergie Online Product at any time from when you have purchased a subscription to the expiry of the 14 day period, or if you have used the énergie Online device or Services in any way, you may lose this right.
How to cancel
To cancel your subscription after the 14th day of purchase you must cancel your direct debit. If you cancel within 5 days of the expiry of your current subscription period you will be charged for one further month’s subscription. If you cancel with more than 5 days remaining within your current subscription period you will not be charged for a further month and your subscription will expire at the end of the current subscription period.
Effects of cancellation
If you cancel your subscription in the first 14 days (hereby meaning by midnight on the 14th day of purchase), your subscription will expire immediately.
- If you cancel within the first 14 days of your subscription purchase and you have paid a subscription fee in advance, Energie Online will refund your subscription fee in full in accordance with these terms.
- After the first 14 days of your subscription have expired, your subscription is non-refundable.
- Other cancellation
- If you cancel your subscription outside of the circumstances set out in section 11.1, your subscription will expire at the end of your subscription period and no refund will be provided.
Effects of cancellation
Your subscription will expire at the end of your subscription period.
- Other cancellation
- Where you obtain a énergie Online Subscription via a third party (for example your employer), you will have a separate contract with that third party for the service and they (and not énergie Online) will be responsible for certain elements of your subscription, including payment, cancellation etc. This means that Clauses 9 and 11 of the Terms shall not apply to you in such situations. Please refer to any specific terms and conditions in place between you and the third party for details on subscriptions and cancellations. Any questions or concerns about your subscription should be raised with the third party in the first instance.
- Clause 10 shall not apply where your subscription has been provided to you by a third party (such as your employer) and not directly by énergie Online.
- These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).
- If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
- This contract is between you and us. No other person has any rights to enforce any of its terms.
- Provisions which by their terms or intent are to survive termination of these Terms and will do so.
- You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
- If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
- These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
- These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.
- If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: firstname.lastname@example.org
- We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
- The Services are operated by Digitally Empowered Limited (registered in the UK with company number 13443335 located at: énergie Central, 1 Pitfield, Kiln Farm, Milton Keynes, MK11 3LW, United Kingdom