Sport England Workout Programmes Terms and Conditions of Use (“Terms”)

Version 1

Last Updated Date 16 September 2019

  1. General

These Terms are an agreement between the user (“you”), and the English Sports Council t/a Sport England (“Sport England“, “we”, “us“, and “our“). 

Our company number is RC000766. 

Our registered office and our place of business is 21 Bloomsbury Street, London, WC1 3HF.   Please do not send correspondence to this address.

Affiliates” means a person that directly or indirectly Controls, Controlled by or is under common Control with Sport England from time to time;

Control” means   the right to control, directly or indirectly, the activities of a person, whether through ownership or the ability to control the voting powers of shares, the ability to control the board or management of such person or otherwise;

Programme” or “Programmes” means various exercise workout programmes created by and promoted by Sport England directly through its brand This Girl Can, or created by and promoted by approved third party partners engaged and authorised by Sport England using the This Girl Can brand, via various distribution means including, without limitation, Facebook and YouTube.

IMPORTANT NOTICE: PLEASE READ

These Terms explain how you may use the Programmes and the legal terms that apply. 

Before using any of our Programmes, please review these Terms, the Sport England Privacy Statement (available at https://www.sportengland.org/privacy-statement/) which explains how we use your personal data and the relevant distribution platform terms of use (“Platform Terms”), as appropriate, which are incorporated into these Terms where applicable. You must adhere to the relevant Platform Terms when utilising a Programme.

Please pay particular attention to Sections 11 and 12  of these Terms, which are about our liability to you. 

Use of a Programme will create a binding legal contract between you and us.  If you do not agree to the Terms, you do not have a licence to use the Programme and you should not use it. 

  1. Age

To take part in any of the Programmes available, you must be 13 or older. If you are under 13 years old, you must be accompanied by, and received the permission from an adult over the age of 18 to be able to take part in any of the exercise workouts as shown in a Programme.

  1. Permission from device owners

You must obtain permission from the owner of any device that is controlled but not owned by you to take part in a Programme on that device. 

You and the owner of the device may be charged by your and the owner’s service provider for internet access on the device. 

You should check with your and the device owner’s mobile or internet service provider for details of data and internet usage charges. 

If you take part in a Programme on a device, you accept responsibility in accordance with these Terms for using the Programme on that device, whether or not you own that device.

  1. Permission to use the Programmes

The Programmes belong to us and our licensors.  Subject to Sections 13 and 14, we grant you a non-exclusive, perpetual, licence to:

  • Watch and/or listen to a Programme, as appropriate, on a device that you own or control,
  • Use the Programme(s) for personal, non-commercial use.

You must also use the Programme(s) in accordance with the relevant terms of use as provided for by each respective distribution channel.

This is a licence, not a sale.  That means that we and our licensors continue to own the Programme(s) when used by you. 

  1. Some rules

There are some rules we ask you to follow when taking part in a Programme. 

You must not:

  • establish a link to the Programme, the Sport England website or any other online (including social media) platform without the prior written consent of Sport England;
  • use the Programme for any illegal purpose;
  • use the Programme for any commercial or business purpose;
  • use the Programme to do anything that could harm our and our Affiliates’ reputation;
  • modify, adapt, translate, copy or create derivative works of the Programme;
  • remove, alter or conceal any trademark, logo, copyright or other proprietary notice that is on the Programme.
  1. Safety

By utilising a Programme and performing any of the exercises described and brought to you, you are performing them at your own risk.

Use of a Programme may involve strenuous physical activity. Please consult your doctor before beginning any exercise routine or fitness regime. Make sure your balance and physical abilities are sufficient for any Programme in which you take part in. If you experience excessive fatigue, shortness of breath, nausea, tightness, pain or other discomfort, you must stop the relevant activity immediately and consult a doctor.

You must take appropriate breaks whilst conducting activities as described by a Programme and must not attempt any physical activity which you may deem to be beyond your capability.

You must not participate in the activities of the Programme(s) if you are under the influence of drugs or alcohol. Always seek the advice of your doctor or medical professional before starting these or any physical activity, particularly if you have pre-existing serious medical conditions, which may affect your ability to safely perform physical activities or suffer from epilepsy, seizures, wear a pacemaker or other implanted medical device, have a diagnosis of high blood pressure, are pregnant, have a history of any problems with your balance, or are feeling sick or unwell. You must stay and remain hydrated throughout any exercises undertaken and must follow guidelines as recommended to you by your health practitioner.

You must wear appropriate clothing, and ensure that the physical environment in which you are conducting the activity is safe and suitable.

The Programmes do not provide medical advice and are for informational purposes only. It is not a substitute for professional medical advice, treatment or diagnosis.

  1. Changes to these Terms

From time to time, we may make changes to these Terms to reflect: 

  • Changes in law or regulations that affect the Programme(s)or our business,
  • Industry requirements or standards that affect the Programme(s)or our business,

We reserve the right to amend these Terms as appropriate and recommend that you check these Terms regularly and frequently for updates.

If you are unhappy with our changes to the Terms, you can choose not to accept the changes to the Terms and will not be permitted to use a Programme from the date that the changes come into force.   

By clicking to accept a change or by continuing to use a Programme after the date that the changes to the Terms take effect, you are agreeing to be legally bound by those changes. 

The latest version of these Terms will be available to you via the following link: [https://www.thisgirlcan.co.uk/sport-england-workout-programmes-terms-and-conditions-of-use-terms/(opens in a new tab)].

  1. We are not responsible for other websites you link to

The Programme videos may contain links to independent websites which are not provided by us (which may be automatically embedded by certain service providers such as YouTube).  These independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  1. Errors, bugs and interruptions

The Programmes are supplied to you free of charge. 

You acknowledge that the Programmes are provided on an “AS IS” basis and may contain errors or inaccuracies.  We do not give any warranty or guarantee that the Programmes will include or contain any specific information or operate without error.

We do not guarantee uninterrupted access to the Programmes.  You acknowledge that we may need to interrupt access to a Programme for scheduled or emergency maintenance purposes, to fix bugs or for security reasons.  Access to the Programmes may also be interrupted for reasons outside of our reasonable control. 

  1. Programme not developed for your requirements

You acknowledge that the Programmes have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Programmes as described in these Terms and used by you meets your requirements.

  1. Our liability to you

To the maximum liability permitted under law, we shall have no liability for any loss or any injury to you or those using a Programme, howsoever incurred. You are responsible for any injury which may occur as/after exercises are performed. We are not responsible for any damage to personal property on or around you as a result of your use of a Programme.

We are not responsible for any loss or losses incurred as a result of your breach of any Platform Terms and you shall indemnify us in full for any loss or damage caused to us by your non-compliance of the Platform Terms.

To the maximum extent mandated by law, in no event will Sport England be liable for any indirect, special, incidental or consequential damages under any theory of liability, whether based in contract, tort, negligence, or otherwise. Notwithstanding the above, Sport England’s maximum liability under these Terms shall be capped at an aggregate amount of £100 for the duration of the validity of these Terms.

We do not exclude or limit our liability to you:

  • For death or personal injury caused by our negligence or the negligence of our employees,
  • For fraud or fraudulent misrepresentation, or
  • For any liability that cannot be excluded or limited by law.
  1. Your responsibilities and our liabilities

Personal, non-business use only: Programmes are for your personal, non-business use only. You may not use any Programme for business or commercial purposes.  We will not be liable for any business-related losses that you suffer as a result of our breaking these Terms or our negligence. Examples of “business-related losses” include loss of profits, loss of business, loss of contracts, loss of business opportunity and business interruption.

Events outside our reasonable control:  We will not be liable for any losses that you suffer because we fail to comply with these Terms as a result of events outside our reasonable control.

How is compensation under these Terms calculated? If we are liable to compensate you, we will only be responsible for “reasonably foreseeable” loss that you suffer as a result of our failing to comply with these Terms, or as a result of our negligence.   Loss is “reasonably foreseeable” if it is an obvious consequence of our failing to comply with these Terms.  Loss is also “reasonably foreseeable” if, at the time you accepted these Terms, both we and you knew the loss might happen as a result of our failing to comply with these Terms. 

If you cause your own loss:  If you breach these terms, we will not be liable for any increase in loss or damage that you suffer as a result of your breach of these Terms.

  1. We may end your right to use the Programme(s)

If you do not comply with these Terms or any applicable laws, or if we have reasonable grounds to suspect fraud or mis-use of the Programme(s) by you or by anybody using your device or account details, we may immediately terminate your right to use the Programme(s). You provide us with a full indemnity for any loss or damage caused to us by your non-compliance of the Terms, fraud or mis-use of the Programme(s) and we reserve the right to enforce such indemnity if we deem it appropriate.

We may also end your right to use the Programme(s) if we are required to do so by the relevant distribution channel where you obtained the Programme(s). 

  1. We may discontinue the Programme(s)

We may end your right to use the Programme(s) if we discontinue the Programme(s) for any reason. 

  1. What happens after your right to use the Programme(s)ends

When your right to use the Programme(s) end you will no longer be able to use the Programme(s). 

Sections 5, 11 and 12 of these Terms shall continue beyond the time period whereby your right to use the Programme(s) end.

  1. We may transfer this contract to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  1. You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

  1. Third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

  1. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  1. Even if we delay in enforcing this contract, we can still enforce it later

If we fail to insist that you meet 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 it does 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.  Even if we delay in enforcing this contract, we can still enforce it later.

  1. Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in relation to these Terms in the English courts.

  1. Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint in the first instance, you may want to contact the alternative dispute resolution provider we use. You agree to enter into mediation in good faith to settle any dispute and will do so in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between you and Sport England within 14 days of notice of your complaint, the mediator will be nominated by CEDR. To initiate mediation, you must give notice in writing (the “ADR Notice”) to us, referring the dispute to mediation. A copy of this notice should be sent directly to CEDR.