Please read the following important terms and conditions (Terms) before you use our websites subscribe to any digital content from us and check that they contain everything you want and nothing that you are not willing to agree to.
These Terms set out:
- how you may use our websites at holospeformance.com and app.holosperfomanceapp.com (together, Site) and any of their content;
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these Terms:
- ‘we’, ‘us’ or ‘our’ means Holos Performance Ltd; and
- ‘‘you’ or ‘your’ or ‘user’ means the person accessing or using our Sites.
If you have any questions about these Terms or any purchases you have made, please contact us by:
- Chatting to us online here.
- sending an email to email@example.com; or
- filling out and submitting the online contact form available here; or
- calling us on 020 805 04905 (our telephone lines are open Monday to Friday: 9 am to 6 pm]).
Do you need extra help?
If you would like these Terms in another format (for example audio, large print, braille) please contact us using the contact details at the top of this page.
Who are we?
We are Holos Performance Limited (trading as Holos Performance), a company registered in England and Wales under company number: 12092430.
Our registered office is at 20-22 Wenlock Road, London, England, N1 7GU.
Our VAT number is 376347761.
The details of these Terms will not be filed by us. Please print out or save a copy of these Terms for your records as we will not save a copy for you.
Before using any of our digital content
Before using any of our digital content or following any exercise programme, you must seek your doctor’s advice as to any limitations on your ability to exercise. If you feel unwell at any time while using our app or following any programme on our app, then seek immediate medical advice.
You agree that you will only use our content and our App if you are in good health and will not use any of them or follow any of the exercise or other programmes if you are aware or ought reasonably to be aware that such exercise or programme is not suitable for your health or safety or physical or mental wellbeing. You agree that you will take medical advice before commencing any fitness or diet programme and that Holos and its coaches are not medically qualified and cannot provide any medical advice and that none of our content or that of our coaches shall be taken as being medical advice. You further agree that if your physical or mental condition should change or if you are awaiting any investigation or results which could have an impact on you if you were to use or follow any of our content or programmes, you will seek advice from a qualified medical practitioner prior to continuing with the programme or using the content.
About our Terms
- You should read these Terms carefully before using the Sites. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Sites
- If you order digital content from the Site (i.e., if you buy a subscription), additional terms and conditions (Additional Terms) will apply as set out
- These Terms are only available in English. No other languages will apply to these Terms.
- We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations. These Terms were last updated on 10 November 2021.
- We recommend that you print a copy of these Terms for future reference.
Using the Site
- The Site is for your personal and non-commercial use only.
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site such as data costs.
- We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
- As a condition of your use of the Site, you agree to comply with our Acceptable Use Policy as set out in clause 3 and agree not to:
- misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
- attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
- We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
- We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give our registered users reasonable notice of any suspension or withdrawal.
- We will communicate with you by messages on our site or by email or by other methods of communication such as email or text messages. These are effective written communication (unless there is a law that prevents this).
Acceptable Use Policy
- You must not use the Site to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, server or business.
Registration and password security
- Use of the Site may require registration to access certain features.
- We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
- You are responsible for making sure that your password and any other account details are kept secure and confidential.
- If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
Your privacy and personal information
Ownership, use and intellectual property rights
- The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our
- We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
- Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
- All rights in the Holos name belong to us and we reserve all our rights in it. Other trade marks and trade names may also be used on the Site or in the Content. Use by you of any trade marks on the Site or in the Content is strictly prohibited unless you have our prior written permission.
Submitting information to the Site
- While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
Accuracy of information and availability of the Site
- We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
- We may suspend or terminate access or operation of the Site at any time as we see fit.
- Any Content on our Sites is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute medical, health or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
- While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
Additional Terms and subscription plans
- If you buy digital content from us you agree to be legally bound by these Additional Terms as set out in clauses 10 to 17. You can buy a subscription to access digital content from us by paying a subscription fee as set out elsewhere on our website. To use our digital content, you must have Internet access and a supported device and provide us with a current, valid, accepted payment method. You can update your payment method in the ‘Billing Management’ section of our Site. Your subscription will continue until cancelled. Unless you cancel your subscription before your billing date, you authorise us to charge the subscription fee for the next billing cycle to your payment method.
- We may change our subscription plans and the price for access to our digital content from time to time. We will give you reasonable advance notice of this and you will have the opportunity to cancel your subscription if you choose not to agree to the price change.
- These Additional Terms apply only if you are buying digital content on the Site as a consumer (i.e., for purposes outside of your business, craft or profession). You should not use our Site if you are a business user, i.e., you intend to buy digital content in the course of business. In that case, additional terms will apply.
- When buying any digital content on our Site you also agree to be legally bound by:
- our mobile app terms and conditions and any documents referred to in them;
- extra terms which may add to, or replace some of, these Terms. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end these Terms at any time by giving one month’s notice if we tell you extra terms apply; and
All of the above documents form part of these Additional Terms as though set out in full here.
Please note that in order to use digital content that you subscribe with you need to install our mobile app. While the app download is free, you are responsible for the cost of any equipment and data to use our app.
Information we give you
- The digital content and service we provide to you is the ability to use the personal training and ancillary coaching programmes available from us via App. The price for subscribing for this is set out on our Site.
- Our mobile app (App) is available for you to download in order to get access to our digital content. You will be granted a limited, non-exclusive licence to use our App.
- You will be made aware of our mobile app terms and conditions that apply to our App when you download it.
- You should read our mobile app terms and conditions carefully. They contain provisions that set out your legal rights legal responsibilities when using the App, our legal responsibilities and any limitations on our legal responsibilities to you.
- Our App is solely for your personal, non-commercial use.
- Using the App in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any other terms and conditions that apply to it) is expressly prohibited and may result in civil and criminal penalties.
Placing your order
- Below, we set out how a legally binding contract between you and us is made.
- You place an order (i.e., you buy a subscription) on the Site. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
- Before you place your order, you must check that the hardware and software requirements of your device mean that you can download the digital content. Please click on the ‘key technical information’ button if you want to see the requirements.
- When you place your order at the end of the online purchase process (e.g., when you click on the ‘Buy now’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us. We may from time to time provide a free trial period. If that happens, unless you cancel your subscription before the end of the trial period we will only charge your payment method at the free trial period.
- We may contact you to say that we do not accept your This is typically for the following reasons:
- the digital content is unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the digital content from us;
- we are not allowed to sell the digital content to you; or
- there has been a mistake in the pricing or description of the digital content.
- We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- a legally binding contract will be in place between you and us; and
- the digital content will become available on the App.
- If you are under the age of 18 you may not buy any digital content from the Site.
- When you place an order for digital content, you will be asked to tick a box to confirm that you consent for the digital content to become available immediately after we accept your order and that you acknowledge that this means you lose your right to cancel.
- This means that you do not have the right to cancel these Additional Terms once the digital content becomes available on our App and are not entitled to a refund unless the digital content is faulty.
- This does not affect the rights you have if your digital content is faulty. Please refer to our mobile app terms and conditions for more information on your rights when your digital content is faulty.
- You can cancel your subscription online at any time in the ‘Billing Management’ section of our Site or by notifying us in writing; your access to the digital content will then cease when the next payment would have been due. If you have a free trial period and you cancel before the end of the free trial period, you will not be charged but your access to the Content will end immediately.
Confirmation of your order
- Once you have placed your order and the Confirmation Email has been sent to you (see paragraph h 13), the digital content will be available on our App.
- If something happens which is outside of our control and affects your ability to download our App or get access to the digital content, we will let you know when you can expect to be able to download the App and get access to the digital content.
- If your device blocks the download of the App or access to the digital content or the download does not start, you may still have the right to cancel these Additional Terms. If this happens, please contact us using the contact details at the top of this page.
- We do not process payment when you purchase content but instead, you are transferred to a third party who processes this payment who accept payment through the following credit cards and debit cards: https://stripe.com/docs/payments/cards/supported-card-brands. We do not accept cash or cheques. You still remain liable to pay us if for any reason a payment is not honoured for any reason. We can suspend your access to digital content until payment is received. Once payment is received, your subscription will commence. Subscriptions are payable in advance.
- Your credit card or debit card will only be charged once any free trial has ended. Digital content shall become available after the completion of the onboarding process within the app
- All payment will be processed by Stripe or another payment provider we select.
- All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
End of these Additional Terms
If these Additional Terms are ended it will not affect our right to receive any money which you owe to us under these Additional Terms.
Limitation on our liability
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when these Additional Terms were entered into;
- losses that were not caused by any breach on our part;
- business losses; or
- losses to non-consumers.
Third party rights
No one other than a party to these Additional Terms has any right to enforce any term of these Additional Terms.
- No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with these Terms.
- We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control. This includes communications, network or internet failures or problems.
- We are not responsible for viruses and Users must not introduce them
- We do not guarantee that our Site will be secure or free from bugs or viruses.
- Users are responsible for configuring their own information technology, computer programmes and platform to access our Site. Users should use their own virus protection software.
- Users must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Users must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. Users must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.
Rules about linking to our Site
- Users may link to our home page, provided Users do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- Users must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Users must not establish a link to our Site on any website that is not owned by Users.
- Our Site must not be framed on any other site, nor may Users create a link to any part of our Site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If we do not insist that you perform any of your obligations to us, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Comply with laws. You must comply with all applicable laws including data protection laws.
- Data Protection. You must not give us data to process unless you are lawfully entitled to do so.
- The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
- Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.