Please read the Terms carefully before downloading, accessing or using Power. By downloading, accessing or using Power you accept these Terms. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce - any change will be notified to you in advance.
We may amend these Terms from time to time. Unless otherwise stated, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of Power after such posting constitutes your consent to be bound by the Terms, as amended.
WHO MAY USE POWER
- You must be at least 16 years old to use Power and to purchase a subscription, subject to the remainder of this clause. If you are aged 16 to 18 or are under the legal age of majority, your parent or legal guardian must enter into this agreement on your behalf.
- Power contains exercise videos workouts and programs. Before using Power and replicating such workouts programs tips you confirm that:
- no physician or GP has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner;
- you have never felt chest pain when engaging in physical activity;
- you have never lost your balance because of dizziness and you have never lost consciousness;
- you do not have a bone or joint problem that could be made worse by a change in your physical activity;
- your physician or GP is not currently prescribing drugs for your blood pressure or heart condition and you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; or
- you do not know of any other reason you should not exercise
Unless your physician or GP has been specifically consulted by you and approved of your use of Power.
- Power is not suitable for persons who are pregnant, breastfeeding or lactating unless your physician or GP has been specifically consulted and approved your use of Power.
CREATING AN ACCOUNT
- In order to use Power you will need to register, for which you will need to submit certain information and choose a password.
- You undertake that all the information supplied during registration is truthful, complete and correct and you accept and understand that you are obliged to ensure that all information held about you by Power is up to date.
- The password chosen by you upon registration with Power is personal to you in order to enable your use of and access to Power and must not be disclosed to any third party without our prior written consent.
- In the event that you believe your password or account to have been compromised you must inform us immediately. You agree that you are and shall remain responsible for maintaining the confidentiality of your password and account. You accept and understand that you are solely liable for any use of Power undertaken by use of your password and account.
- We may, at our sole discretion, refuse to create a User Account for you, limit the number of User Accounts you may create or maintain, stipulate additional conditions and requirements for the opening or maintaining of User Accounts.
- In order to enjoy full access to Power, you need register for Power and pay for a subscription. We will provide information on our subscriptions through our website and Power. Such features and prices are subject to change at any time. You currently have the option of two subscription types, as listed below. A subscription starts on the date that you sign up for the subscription and submit payment using a valid Payment Method (defined below).
- Monthly subscription. Your monthly subscription will automatically renew each month, and we will automatically bill the monthly subscription fee to your Payment Method each month on (or around) the date of the month your first payment was made, until your subscription is cancelled or terminated. For example, if you purchase your subscription on 5 January, your subscription will automatically renew on the 5th of each month and payment taken from your valid Payment Method on or around that date.
- Full year subscription. Your subscription will automatically renew each year, and we will automatically bill the yearly subscription fee to your Payment Method or around the date in the year your first payment was made, until your subscription is cancelled or terminated. For example, if you purchase your subscription on 1 March 2021, your subscription will automatically renew on 1 March 2022 and payment taken from your valid Payment Method on or around that date.
- You must provide us with a current, valid, accepted method of payment ("Payment Method") as notified to you within Power. We may update the accepted methods from time to times
- You may edit your Payment Method information by editing your subscriptions within your phone operating system settings (for example, iOS users may navigate to Settings > [Your Name] > Subscriptions and Android users may navigate to the Google Play Store > Menu > Subscriptions). If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates.
- If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to Power or any portion thereof.
- Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews by amending your subscription within your phone operating systems settings (for example, iOS users may navigate to Settings > [Your Name] > Subscriptions and Android users may navigate to the Google Play Store > Menu > Subscriptions).
- Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid subscription period. As a digital content provider, whilst there is no cancellation fee, we are not obliged to offer you a refund on existing payments made to us if you have begun using the Power service during your subscription and then decide to cancel.
- If you cancel your subscription or it is terminated for any reason, you will lose access to all the full Power functionality and content.
- Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-sub licensable, non-transferable limited license download and install a copy of Power on a mobile device that you own or control and to run such copy of Power solely for your own personal non-commercial purpose i) in the case of public content, until we remove or disable access to such content and ii) in the case of paid-for content, for the duration of your subscription.
- You must not
- use, copy, transfer or distribute Power or part of it (including, but not limited, to acting contrary to Clause 7 – Content Sharing)
- modify, adapt, merge, translate, decompile, disassemble, or reverse engineer Power;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure or territorial restrictions implemented by us;
- remove, modify, or tamper with any copyright, trademark or other notice; or
- use Power for any illegal, unlawful or immoral purposes.
- Power may contain links to other independent websites which are not provided by us. Such 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.
- Please be aware that you are strictly prohibited from:
- taking screenshots;
- creating derivative works from; or
any Power content (including without limitation workout material, workout programming and all imagery found throughout the Power mobile app) unless the application has specifically redirected you to a social media platform (e.g. Instagram) where you have followed a ‘Share’ option
- We take the protection of our intellectual property very seriously and will vigorously pursue any person who violates these terms.
TERMINATION OF YOUR ACCOUNT
We may, in our sole discretion, suspend, disable, or delete your account (or any part thereof) without issuing a refund if we determine that you have violated these Terms in any way or that your conduct would tend to damage our reputation or goodwill. If we delete your account, you may not re-register for or use Power under any other user name or profile.
- We recommend that you consult with your physician, GP or relevant medical professional before beginning any exercise or nutrition regimen. You should be in good physical condition and be able to safely participate in high intensity exercise. Any information, ideas or suggestions within Power are intended only for general purposes and should be treated as such. These general guidelines have not been designed to meet individual requirements; accordingly, such information should not be interpreted as a substitute for specialist consultation, evaluation or treatment. Not all suggestions are suitable for all people. If you feel at all unwell or uncomfortable, desist from using Power and seek medical referral.
- We, or our celebrity talent, are not licensed medical care providers nor do we represent that we have expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
- By engaging in the exercise programs contained in Power, you agree that you do so at your own risk, are voluntarily participating in these activities and, subject to Clause 10 below, you assume all risk of injury to yourself, and agree to release and discharge us from any and all claims in relation to your use of the site or the digital content supplied hereunder.
WARRANTY AND LIMITATION OF LIABILITY.
- We only warrant that we are entitled to grant the rights and licences granted hereunder.
- Except as specifically provided in these Terms and to the maximum extent permitted by law:
- The foregoing warranties set out above define in full the extent of our liability, warranties and your remedies and we only accepts liability for direct loss as a result of its breach of those warranties subject as set out in these Terms;
- Our liability will be limited to the value of any purchases you make during the period of 6 months prior to such loss and damage arising, or if you have made no purchases, £10;
- We exclude any and all liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect;
- We will not in any event be liable in any way for any consequential loss or damage resulting from the use of or inability to use Power, errors or deficiencies in it, damage to property, lost data, loss of actual or anticipated goodwill, computer failure or malfunction, loss of actual or anticipated business, loss of information or loss of actual or anticipated profit, whether caused by negligence or otherwise, even if we have been advised of the possibility of such loss;
- Power is not for commercial use or use in a commercial environment and we will not in any event be liable in any way for any commercial damage or loss;
- We will not be held liable if Power has been modified in any manner (not by Power or its licensors) after it has been bought;
- Power is provided "as is" without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or no infringement;
- We do not warrant that the operation of Power will be uninterrupted or error free or that errors can be corrected. For example, Power may be unavailable from time-to-time for planned or unplanned maintenance or updates;
- You install and use Power at your own risk. We will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse; and
- The celebrity trainers who are featured on Power (the “Talent”) shall have no liability to you and you agree not to bring any claim against the Talent.
- Nothing in these Terms will limit any of your rights which may not be excluded under law. This means that notwithstanding any other terms in these Terms:
- Our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraudulent representation we make;
- If your paid for Power content is faulty when we deliver it to you, we will try to repair or replace it;
- If we can’t fix that fault within a reasonable time, or without significant inconvenience, you’re entitled to all or some of your money; and
- If, as a result of the fault, Power damages your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
INDEMNITY AND REMEDIES
You hereby indemnify, defend and hold harmless us, our affiliates, officers, directors, owners, licensors, service providers, partners, contractors, employees, agents and licensees including but not limited to the Talent (collectively, the "Indemnified Parties") harmless from and against any and all any liabilities, claims, costs and expenses (including legal expenses and attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of Power. You shall fully cooperate with us in the defence of any such claim and we reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
In the event that any provision of these Terms shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of these Terms shall remain in full force and effect.
We may transfer this agreement to someone else – you may not. We may transfer our rights and obligations (at our sole discretion) under these terms to another organisation.
ADDITIONAL TERMS FROM THIRD PARTY PLATFORM PROVIDERS
- The ways in which you can use Power may also be controlled by the applicable App Store terms and conditions and policies. To the extent that there is a conflict between the terms of these Terms and the store’s terms from which you installed or accessed Power, the store’s terms shall prevail to the extent of the conflict.
- The following terms of this clause are the terms which we are required by Apple to notify you of and obtain your consent for (which are relevant for iOS users):
- You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc., nor any subsidiary or affiliate company of Apple Inc., (“Apple”). You also acknowledge that we are solely responsible for Power and the content therein.
- We are solely responsible for providing support and maintenance for Power. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services.
- You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to Power or your possession and/or use of Power, including but not limited to product liability claims; any claim that Power fails to confirm to any applicable legal or regulatory requirement; and claims about Power arising under consumer protection or similar legislation.
- You acknowledge that in the event of a third party claim that Power or your possession and use of Power infringes that third party’s intellectual property rights, then Apple shall not be responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim.
- You confirm that:
- you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and
- you are not listed on any US Government list of prohibited or restricted parties.
- You acknowledge and agree that Apple are third party beneficiaries of these Terms, and that when you accept the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. Aside from you and us, no other party has the ability to enforce these Terms.
For any queries or grievances in relation to your use of Power, you may contact our Grievance Redressal Officer at firstname.lastname@example.org or write to us at the following address:
Mr. Katani, Grievance Redressal Officer,
Power Digital Limited
139 Colindeep Lane
- To the maximum extent permitted by the local law applicable in the country in which you obtain or use Power and these Terms are subject to English Law and the courts of England shall have exclusive jurisdiction.
- In the event that English Law cannot apply in the country you obtained or use Power, local law will apply.
- Power is intended for use and may only be used in countries where all such use is lawful.
Power Digital Limited
139 Colindeep Lane