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Athletic Thinking Terms and Conditions of Service for our Athletic Living and Athletic Performance Packages

 

Contents

  • Our Agreement
  • Interpretation
  • You are responsible for exercising within your limits
  • Your Subscription
  • Young Adult Content
  • Location and Device Restrictions
  • Changes to the Service
  • Changes to this Agreement
  • Differing Subscriptions and Activation Codes
  • Free Period of Access
  • Subscription Fees
  • Price Changes
  • Cancellation
  • Ending your right to use this Service
  • Your Obligations
  • The Athletic Thinking App
  • Passwords & Account Access
  • Intellectual Property
  • Privacy
  • Our liability to you
  • Severability
  • Transfer of Rights
  • Notices
  • Governing Law
  • Complaints
  • Contacting Us

 

Welcome to Athletic Thinking (AT). “AT” means the Athletic Thinking subscription service for the Athletic Living and Athletic Performance Packages (including our website, our App (as defined below), our social media, associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Content (as defined below) streamed over the internet to Compatible Devices (as defined below).

Athletic Thinking is operated and provided to you by Athletic Thinking Limited, a limited liability company registered at Companies House in England and Wales with Company number 11017728, whose registered office is located at Brent House, 382 Gloucester Road, Cheltenham, Gloucestershire, GL51 7AY (“AT”, “we”, “us”, “our”).

 

  1. Our Agreement
    1. These terms of use (“Terms of Use”), along with terms specific to your Subscription provided to you at the time of signing up, set out the agreement for your access to and use of the Athletic Thinking Service (together, the “Agreement”).
    2. You should read this Agreement carefully, along with our Athletic Thinking privacy policy (“Privacy Policy”) before using our Service.
    3. Your use of AT means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use our service.

 

    1. In these Terms of Use:
      • “Compatible Devices”means certain computers and other devices with internet browsers which are compatible with use of the our service.
      • “Content”means pre-recorded or live audio-visual exercise presentations and any other written materials or content available to view on the AT website, app or social media platforms;
      • “AT App”means the AT software application owned or licensed by us that may be licensed for download on Compatible Devices; and
      • “Payment Method”means the way you pay for your subscription, for example, by credit card or direct debit.

 

  • In the event of any conflict between these Terms of Use and the Website Terms of Use, the provisions of these Terms of Use shall prevail to the extent of such conflict.

 

  1. You are responsible for exercising within your limits.
    1. Consult your doctor before using the AT Service and follow his or her advice. Do not use the AT Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the AT Service. If you are unfamiliar with the exercises on the AT Service, please contact us to discuss before using. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the AT website, app or other means of communication constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the AT Service. Results require personal motivation and effort.WARNING: Do not participate in indicated videos if prone to seizures. Flashing lights and rapid imagery changes may be used. Motion sickness may be experienced.
    2. You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the AT Service, except where injury to your person has been caused by our negligence.
  2. Your Subscription
    1. To access and view Content you will need to:
      1. register an AT Service account (“AT Account”); and
      2. purchase an AT Service subscription (“Subscription”).
    2. To create an AT Account, buy a Subscription and use the AT, you must:
      • . be aged 18 years or above;
  1. have internet access; and
  2. provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign up process).
  1. Your Subscription, which may start with a free period of access, will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with this Agreement.
  2. You can find details of your Subscription with us at any time, including the renewal date and price for your Subscription, by signing in to your AT Account in the Log In section of the website and and clicking on “My Account”.
  3. During your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable licence to access the AT Service to view Content. Except for this licence, no right, title or interest in the Content or AT Service shall be transferred to you. You must not reproduce, perform, display or exhibit the AT Service or the Content for any commercial purpose or in any public place.
  1. Young Adult Content
    1. The AT Service is not generally suitable for use by children under the age of 18.
    2. We may offer limited Content that is suitable for children under the age of 18 as part of the AT Service. In particular, our Athletic Development Packages provide Content for those under the age of 18.
    3. Individuals under the age of 18 may use the AT Service to access their packages Content using their parent or legal guardian’s AT Account only:
      • . with the consent and supervision of the applicable parent or legal guardian; and
  1. subject to the terms of this Agreement.
  1. You, if you are the parent or legal guardian of a child, are responsible for monitoring and supervising your child’s use of the AT Service when viewing any Children’s Content.
  2. If you are the parent or legal guardian of a child that is permitted to use the AT Service, you should consult with your child’s doctor before using the AT Service with your child and follow his or her advice. Do not allow your child to use the AT Service if your child has a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the AT Service. If at any time you feel your child is exercising beyond their current fitness abilities, or your child feels discomfort, pain, dizziness, or nausea, your child should discontinue exercising immediately. Nothing on the AT Service is intended to be medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the AT Service. Results require personal motivation and effort.
  1. Location and Device Restrictions
    1. The Content available on the AT Service may vary by country. We will use technologies to verify your geographic location when you sign up and use the AT Service.
    2. If you are resident in the EU, you can access the Content usually available through your specific Subscription when visiting another EU country, at no extra cost. This means that you can enjoy the same service abroad that you would at home; you will be accessing the same Content, in the same language, that you access through your Subscription when you are at home. This access is available only if you are temporarily abroad in another EU country and we are able to verify that your country of residence is in the EU.
    3. The number of devices on which you may simultaneously watch Content via your Subscription is limited to three (3).
    4. The availability and quality of the AT Service and Content may vary from computer to computer, and device to device due to a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection. An internet connection of at least 3MB/sec is required in order to stream standard definition Content on the AT Service, and 5MB/sec is required in order to stream high definition Content on the AT Service.
    5. If your Compatible Device, or any other devices, hardware or equipment, supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.
    6. You are responsible for all third party services required to allow you to access the AT Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact that supplier about the problem.
  2. Changes to the Service
    1. We may regularly make changes to any element of the AT Service or the Content. In particular, the availability of Content may change from time to time. We therefore have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content are variable and may change from time to time without notice.
    2. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the AT Service. We may also update or upgrade the AT Service from time to time. If changes to any element of the AT Service are likely to materially adversely affect the AT Service, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your AT Service before the next subscription period begins. If we have to make an adverse change to the AT Service during your subscription period, we will give you at least 30 days’ notice and the right to cancel. If you do not cancel your Subscription after we have notified you about any changes and before these changes take place, and you continue to use the AT Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the AT Service but not received.
  3. Changes to this Agreement
    1. We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the AT Service, where we need to make changes to the AT Service in order to improve it, or for safety or security reasons.
    2. We will notify you at least 30 days before making any material changes to the terms of this Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms of this Agreement will materially disadvantage you, or materially affect the availability of the AT Service, we will provide you with 30 days’ notice before the changes become effective and you can choose to cancel your Subscription before the changes become effective.
    3. Where possible, we will ensure that any changes to the terms of this Agreement, which materially disadvantage you, will not come into effect until the start of your next subscription period. If a materially adverse change is going to come into effect during your current subscription period, you can cancel your Subscription before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the AT Service but not received.
    4. If you continue to use the AT Service following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on the AT Service from the effective date of those updated terms of this Agreement.
  4. Differing Subscriptions and Activation Codes
    1. We may offer a number of subscription plans, including subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular subscription plan will be notified to you via the AT Service before you sign up for a Subscription. These specific terms will take precedence over the terms set out in this Agreement, to the extent that a conflict arises.
    2. We may make available promotional subscriptions and offers (“Promotional Offers”). Please check the relevant terms and conditions, which apply to any Promotional Offer for full details. Promotional Offers may also be offered by third parties including in conjunction with their own products and services. We are not responsible for the products and services provided by these third parties.
    3. From time to time, activation codes that grant you access to use the AT Service may be available from us. Activation codes may be redeemed and will grant you access to the AT Service, as further described in the specifics of the relevant Promotional Offer, or may allow you to enter an activation code during sign-up on the AT Service. Activation codes can only be used once cannot be redeemed for cash and may not be combined with other offers, including a free period of access, unless otherwise determined by us in our sole discretion. If you received an activation code through a Promotional Offer from a third party, additional conditions may apply.
  5. Free Period of Access
    1. Your Subscription may start with a free period of access. The duration of any free period of access will be specified during your online sign-up. For combinations with Promotional Offers, restrictions may apply, which will be confirmed in the terms accompanying any applicable offers. Free periods of access are for new subscribers to the AT Service only (one per subscriber) and are subject to availability.
    2. We will begin charging your Payment Method for subscription fees at the end of the free period of access of your Subscription, unless you cancel prior to the end of the free period of access. You can cancel your subscription during the free period of access by signing into your AT Account in the Log In section on our website, select “My Account”, “My Subscriptions”, select “view” your Subscription and then select “Cancel”.
  6. Subscription Fees
    1. By purchasing a Subscription and providing or designating a Payment Method, you authorise us to charge you the relevant fee at the then current rate (“Subscription Fee”) to your Payment Method. As used in these Terms of Use, “charge”, “charging” etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.
    2. The Subscription Fee will be charged at the start of the paying portion of your Subscription, following any free period of access, and at the start of each subscription period thereafter, unless and until your subscription is cancelled. For example, if you subscribe with an initial 10 day free period of access on 16 April, the paying portion of your subscription will begin on 26 April following your free period of access and you will be charged on 26 April for the applicable Subscription Fee.
    3. We aim to offer high level individualised programmes. If your chosen subscription involves an element of personalisation, you recognise that this first requires us to receive your completed client questionnaire. Please therefore return this as soon as possible so we can get you set up with your programme quickly.
    4. In general, for our Bronze and Silver packages, you will receive the personalised element of your subscription via our App within 5 working days of us receiving your client questionnaire. During times of exceptionally high volume or if you have particularly specific requirements, this may take longer.
    5. Our Gold packages are detailed and customised packages and therefore you recognise it may take longer than 5 days to ensure that the correct prescription is identified and written specifically for each individual.
    6. For our Gold packages, we currently offer face to face training options in the East and West Midlands. Specifically we have training facilities at two venues in Northampton and one in Worcester. We can also travel to certain locations upon request and have access to specific locations for assessment requirements. Should you require us to travel further afield this may be reflected in the price of your subscription.
    7. You must cancel your subscription before the end of your current subscription period in order to avoid being charged for the next period’s Subscription Fee to your Payment Method. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight on 30 April.
    8. Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the AT Service through to the end of your current billing or subscription period.
    9. All charges shall be in the currency specified at the time you signed up for your Subscription.
    10. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your AT Account, we may suspend your access to the At Service until we have obtained a valid payment method. When you update your Payment Method in your AT Account, you authorise us to charge the updated Payment Method for any uncollected amounts and your on-going Subscription Fee. This may result in a change to your payment dates or subscription period.
    11. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    12. If you access the AT Service or purchase a Subscription through a third party (for example, an app-store or via one of our partners or business clients):
      • . in the event that you encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your Subscription in accordance with that third party’s terms; and
  1. your payment will be to that third party and you will be subject to that third party’s terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise this right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party’s terms and conditions. You must comply with those terms and conditions and also with this Agreement. In the event of any inconsistency between this Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Agreement.
  1. If you are paying for your Subscription via a third party and you wish to change your Payment Method, you will need to do so through that third party.
  1. Price changes
    1. We may change the price of your Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Subscription via a third party, price changes will be subject to that third party’s terms and conditions.
    2. If we notify you of a price change and you do not want to continue your Subscription at the new price, you can cancel your Subscription before the start of the next subscription period by following the steps in clause 9 (Cancellation and Termination) If you continue to use the AT Service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.
    3. We will ensure that the price of your Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for the AT Service but not received.
  2. Cancellation
    1. You may cancel your Subscription at any time, and you will continue to have access to the AT Service through to the end of your current subscription period.
    2. To cancel your Subscription, sign in to your AT Account on the Log In on our website, select “My Account”, “My Subscriptions”, select “view” your Subscription and then select “Cancel”. You may not be able to cancel your Subscription through your online account if you access your AT Account from outside the country in which you created your AT Account. In this case, you must email us at info@athleticthinking.com to cancel your Subscription.
    3. If you cancel your Subscription, your AT Account will automatically close at the end of your current subscription period.
    4. To the extent permitted by applicable law, when you purchase a Subscription from us you agree:
      • . we will provide you with access to the AT Service and AT App on completion and return of our assessment questionnaire; and
  1. where we get your consent when you sign up, you waive any statutory right you may have to:
    1. change your mind about your Subscription; and
    2. receive a refund within any applicable cooling off period.

 

  1. Ending your right to use the Service
    1. We may end your right to use all or any part of the AT Service or your Subscription immediately if we have a reasonable belief that you have breached this Agreement or if you are using the AT Service, the Content or your Subscription in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.
    2. If we decide to discontinue any part of the AT Service, we will give you at least 30 days’ prior notice (unless we need to discontinue the AT Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the AT Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the AT Service but not yet received.
    3. If we end your rights to use the AT Service or your Subscription you must stop all activities authorised by this Agreement, including your use of the AT Service or your Subscription.

 

  1. Your obligations
    1. You must not, and must not allow third parties, to:
      • . attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in this Agreement) content and information contained on or obtained from or through the AT Service without express written permission from us;
  1. use the AT Service for public performances including, without limitation, performance in or for any fitness facility;
  2. use the Content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class;
  3. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the AT Service;
  4. use any robot, spider, scraper or other automated means to access the AT Service;
  5. decompile, reverse engineer or disassemble any software or other products or processes accessible through the AT Service (except as permitted by applicable law);
  6. insert any code or product or manipulate the content of the AT Service in any way;
  7. use any data mining, data gathering or extraction method;
  8. infringe any third party’s rights;
  9. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the AT Service. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;
  10. access, view and/or purchase the AT Service using a virtual proxy network;
  11. register multiple times for a free period of access (which would constitute a breach of this Agreement); or
  12. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the AT Service, including any software viruses or any other computer code, files or programs.
  1. You agree to:
    • . pay the Subscription Fees;
  1. comply at all times with the terms of this Agreement;
  2. use the AT Services for your own personal and non-commercial use, and not for any commercial or business purpose;
  3. ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
  4. follow the instructions and directions we provide about using the AT Service and only use the AT Service in accordance with all applicable laws, rules and regulations;
  5. be responsible and liable for any use by any other person (authorised or unauthorised) of the AT Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the AT Services or breaches this Agreement or suffers any injury or damage to their property;
  6. make sure everyone you are responsible for and who may use or do anything in relation to the AT Services also meets the responsibilities set out in this Agreement; and
  7. be responsible for configuring your information technology, computer Content and Compatible Devices in order to access our website, app and the AT Service. You should use your own virus protection software.
  1. The Athletic Thinking App (provided through MyPT)
    1. If you have downloaded the Athletic Thinking App from the Apple iTunes App Store, the following additional terms apply:
      • . You acknowledge that this Agreement is not between you and Apple.
  1. Your use of the AT App is limited to a non-transferable licence to use the AT App on any iOS products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AT App.
  2. To the extent permitted by law, Apple has no warranty obligation with respect to the AT App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty set forth in this Agreement is our responsibility.
  3. You acknowledge that Apple is not responsible for addressing any of your claims (or any third party claims) relating to the AT App or your possession and/or use of the AT App, including, but not limited to: (i) any third party claims of intellectual property right infringement, (ii) product liability claims, (iii) any claim that the AT App fails to conform to any applicable legal or regulatory requirement, and (iv) claims arising under consumer protection or similar legislation.
  4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that you have been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  5. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the AT App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you in respect of the AT App as a third party beneficiary thereof as set forth herein.
  1. Passwords & Account Access
    1. Your control over your AT Account is exercised through your login and password. To maintain exclusive control over your AT Account, you should not reveal your password to anyone. You are responsible for all access to and use of the AT Service through your AT Account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your AT Account.
    2. In order to provide you with ease of access to your AT Account and to help administer the AT Service, we may implement technology that enables us to recognise you and provide you with direct access to your AT Account without requiring you to retype any password or other user identification when you revisit the AT Service, which includes access via Compatible Devices or our website.
    3. We reserve the right to place any AT Account on hold anytime, with or without notification to the subscriber, in order to protect ourselves and our partners from what we reasonably believe to be fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on an AT Account will not last any longer than 10 working days, after which we will either terminate this Agreement, or re-open your AT Account. We are not obligated to credit or discount a Subscription for holds placed on a AT Account in circumstances where your act or omission constitutes fraudulent activity on your AT Account or you are in breach of your obligations under this Agreement.

 

 

  1. Intellectual Property
    1. The AT Service and Content are protected by copyright, trademark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
    2. You have no intellectual property rights in or to the AT Service or any Content, other than the right to use them in accordance with this Agreement.
    3. You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the AT Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the AT Service or any Content other than as expressly authorised by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without notice or prior intervention of a court or arbitral body, block your access to the AT Service and terminate any Subscription you may have and pursue any rights or remedies available to us.
    4. The Content contain cover music and a selection of licensed original recordings.
    5. All of our trade and service marks and logos, and our products and services described in our website or app, are either trademarks, service marks or registered trademarks of us and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of us and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the AT Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

  1. Privacy 
    • Any personal information you supply to us or that we collect from you when using the AT Service will be used by us in the ways set out in our Privacy Policy. Please also ensure you read our Cookies Policy and Website Usage Policy.

 

  1. Our liability to you
    1. If we breach these terms of use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.
    2. We are not responsible for:
      • . any use of the AT Service which isn’t authorised by us;
  1. any malfunction of or interruption to the AT Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
  2. errors, viruses or bugs present in or arising from your use of the AT Service;
  3. incompatibility of the AT Service with any other software or hardware (including any of your devices); and
  4. any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
  1. You have certain statutory rights. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organisation.
  2. To the fullest extent permitted under English law, in no event shall our total liability to you for all losses or damages arising from your use of the at service or your subscription exceed the amount you have paid for your subscription.
  3. We cannot guarantee that the AT Service will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
  4. Please note that we are not responsible for any lack of functionality or failure to provide any part of the at service, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the AT Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.

 

  1. Severability 
    • If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

 

  1. Transfer of rights 
    • The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.

 

  1. Governing Law

This agreement and any dispute or claim arising out of it or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

 

  1. Notices 

We will send you information relating to your account and your subscription (e.g. payment authorisations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.

 

  1. Complaints
  • If you have any complaint please speak to us first, by contacting us using the details below and/or on our website.

 

  1. Contacting us

You can contact us by writing to us at info@athleticthinking.com or at Brent House, 382 Gloucester Road, Cheltenham, Gloucestershire, GL51 7AY

 

 

 

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