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© 2020 by MumShape Europe Limited

Terms & Conditions

Last Updated January 2020

 

Welcome, Mama!

MumShape Europe Limited (“MumShape” or “we”) mediates contracts between any fitness studios, sport facility operators, recreational, wellness, or other classes, experiences, activities, events, services, recordings, products made available through MumShape to MumShape Members (“you”).

 

Please read these terms of use (“Terms”) carefully before accessing and browsing the MumShape website (”Site”) or subscribing to a MumShape membership (“Membership”).

 

General Definition
a) Terms apply to all membership contracts.
b) Partners/Operators are fitness studios, sport facility operators, recreational and wellness service providers who offer external service for MumShape Members.
c) Our domain is www.mumshape.app, which is owned by MumShape Limited Europe.
d) Members are natural persons who signed up on the MumShape platform.
e) By using the MumShape platform, you confirm that you are a United Kingdom resident, at least 18 years old. MumShape is not available to any users previously suspended or removed by MumShape.
f) By accessing MumShape you do so of your own discretion and you are responsible for compliance with all country-specific rules without limitation including Internet, data, email, any other electronic messages or privacy.

 

Terms and Conditions
a) Acceptance of Terms. By using the Site and or purchasing a membership package, by providing your consent, you accept and agree to these Terms. If you do not agree to these Terms, do not use the site or book any classes.

b) Additional Terms. Additional terms may be posted and modified by MumShape, from time to time, which may include an update to the guidelines, terms or rules for certain offers, products, offers, and services (“Additional Terms”). In the event of any conflict between such Additional Terms and the Terms, the Additional Terms will prevail.

 

 

  1. MumShape Membership Contract
    a) MumShape Platform. The MumShape platform allows customers to schedule, purchase, access and attend a wide range of prenatal, postnatal and mummy-baby fitness classes, treatments, recreational and wellness classes offered and operated by fitness studios, gyms, trainers, venues, specialists or other third parties (“Partner”). For the avoidance of doubt, MumShape itself is not a fitness facility, recreation, wellness, health club, sports studio or similar establishment and does not own, operate or control any of the classes that are offered at or through such Partner facilities.

    b) Membership Options. MumShape gives you different membership options and non-subscription purchases. These can differ in price, policies, and limitations. MumShape has the right to adjust, modify, cancel, remove or suspend access for offered options at any time, without prior notice. To get full access you need to sign up for a subscription. The membership starts on the date that you subscribe or reactivate a pre-existing membership account and you submit payment via a valid Payment Option.
    A subscription/billing cycle is one month in length and starts on the date day you signed up. 

    Your MumShape subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month until your subscription is canceled.

    You can upgrade or downgrade to a different subscription to the end of each month and your new subscription will continue indefinitely until canceled.

    c) Class Availability. The number of Classes you can take during your monthly cycle depends on your subscription package. MumShape does not guarantee the availability of particular classes, gyms, venues, locations, services, experiences, treatments, content, inventory, spots or other features. Availability may change at any time during your current subscription cycle.

    d) Non-Subscription Purchases.MumShape also offers certain products, classes, treatments or similar which can be purchased on the Site without being MumShape Member. You acknowledge and agree that these Terms are applicable to any such purchase you make. You are also responsible to pay the relevant fees, which may be amended from time to time.

    e) MumShape Account. Your account can be accessed online. Each Mumshape Member can only create one account. Your account is personal and non-transferable which means you cannot transfer classes or allow someone else to use your MumShape account. 
    We update the platform from time to time, which may happen with or without notice. You understand and agree that MumShape may take actions we deem reasonably necessary to prevent fraud and abuse.

    You agree that the information you provide to MumShape will be accurate and complete. You agree that you keep your information up-to-date at all times. The Member is obliged to treat their personal access data, including password, confidentially. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users.


     

  2. Fees, Billing, Cancellation
    a) Monthly Billing. By subscribing to MumShape, you authorize MumShape to charge you for your subscription period. We will notify you by e-mail or via your account when you login, when we increases your current rate. The monthly rate may vary for example due to promotional offers, changing plans, buying add-on classes. You authorise us to charge you for varying amounts and add-on services, which will be billed once a month or directly with the purchase of additional service or class.

    b) Membership Cycle. With purchasing your MumShape membership you will be billed immediately for your first month. Your subscription will automatically renew every month and you will be billed monthly on the day you signed up for your membership. The subscription auto-renews takes place

    c) Our membership and any other fees are nonrefundable. MumShape will provide a refund for the current membership period in the following circumstances:

    If you cancel in your 14 days trial period; or

    If your subscriptions in canceled due to relocation, disability or death, you are able to cancel prior to the end of the current period for which you have already paid.

    MumShape reserves the right to charge for any service or class used prior cancelation to cover costs. We also reserve the right to ask for proof of change of circumstances.

    d) Price Changes. We reserve the right to adjust our membership packages and prices at any time. The change will affect your next billing cycle. We will notify you by email, posting on our homepage or similar. You automatically agree to the change of price if you don’t cancel your membership before the end of your billing circle.

    e) Payment Methods. You can choose and edit your preferable Payment Method in your account settings. You are fully responsible for insufficient funds. You authorize us to continue billing your Payment Method or any other payment method you have provided, also if you open a new account and deactivate your unsettled account.

    f) Membership Cancellation. You have the right to cancel your membership within 14 days of your initial purchase, at your sole discretion. To cancel your membership within this period, you must contact us via email. We will reimburse all payments received from you using the same payment method as you used for your initial payment. You will receive the payment not later than 14 days after cancellation.

    If you visited classes during the 14 days cancellation period, you will be charged for the service used and classes visited.

    g) Cancellation after 14-day period. You can cancel your membership any time before your renewal day. You can cancel by logging into your account and select cancel account or contact us via info@mumshape.co.uk. You can continue to visit classes until the end of your prepaid subscription month. We reserve the right to charge a reactivation fee if you want to return to MumShape.

    h) Reservation and Cancellation of Classes. You must reserve and cancel all classes online on the MumShape homepage. You can cancel any class up to 2 hours before the class starts. If you don’t show up or cancel within 2 hours of the beginning of a class, it will be deducted against your monthly allowance of classes.


     

  3. Promotions, Trials, Offers
    a) Trial memberships will not always be available to book. The price and duration will be communicated at the time you sign up for it. Your trial period initiates on the date you sign up. Your trial membership will automatically convert into a regular monthly subscription unless you cancel before the end of the trial period.

    Trials, discount offers, and promotions may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms.

    b) Refer a Friend. From time to time we may make available certain incentives for MumShape Members to refer a friend to use MumShape, which may be subject to additional or different terms.

 
 

  1. Privacy
    The MumShape Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to MumShape’s collection, use, and disclosure of your personal information.


     

  2. User Submissions
    a) General. By submitting, posting or sharing content (text, graphic, and any other content)(“User Submission”). You agree that any User Submission may be made public without any additional notice and that any person, including Partners who may have access to read User Submission. We do not guarantee any anonymity or confidentiality with respect to any User Submissions. MumShape is not responsible for any User Submission that you share including personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission.

    b) Right to Remove or Edit User Submissions. MumShape reserves the right to refuse, edit or remove any User Submission at any time. We will not automatically publish any User Submission. MumShape takes no responsibility and assumes no liability for any User Submissions.

    c) License Grant by You to MumShape. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to MumShape, you hereby grant MumShape and its affiliates, sublicenses, partners, designees, and assignees of the Site, a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and MumShape’s business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

    d) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize MumShape to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by MumShape and these Terms, and to grant the rights and license set forth above, and (2) your User Submissions, MumShape’s or any MumShape Licensee’s use of such User Submissions pursuant to these Terms, and MumShape’s or any of MumShape Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation, or these Terms ; or (d) exploits minors or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

    e) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that MumShape does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You acknowledge and agree, to the fullest extent permitted by applicable law, that MumShape has any liability to you in respect of any such user submission.

    f) Feedback. If you provide MumShape with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), MumShape shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant MumShape a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

    g) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MumShape may have at law or in equity.

    h) MumShape Ratings. You may be required to rate your Classes and/or other MumShape experiences that you reserve.


     

  3. Ownership; Proprietary Rights
    The MumShape website and any applications are owned and operated by MumShape. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site (“Materials”) provided by MumShape are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Site are the copyrighted property of MumShape and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trademarks, service marks, and trade names used by us on the Site are proprietary to MumShape or its affiliates and/or third-party licensors. Except as expressly authorized by MumShape, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.


     

  4. Third-party Sites, Products and Services; Links
    The Site may include links to other web sites or services solely as a convenience to users. MumShape does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, MumShape makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.

    We are not responsible for the products and services provided by such third parties, and the use of such products and services is at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. You agree that MumShape will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealing or as the result of the presence of such third party on the Site.


     

  5. Disclaimers
    All classes and other services made available via the MumShape website are provided by third parties. Such third parties provide the class and teacher descriptions and info, not MumShape. You agree that your use of the site, class attendance, purchasing and participating in classes is solely at your own risk. MumShape does not assume any liability or make any warranties of any kind.

    In no event shall MumShape be liable for any injury, loss, claim, damage, or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or in any way connected with a Member’s attendance, use of or participating in a class, or product, or the performance or non-performance of any third party. MumShape only provides access to Partner studios’ classes. At present, we are not connected to the Partner studios.

    Unless otherwise expressly stated by MumShape, all aspects of or content or features made available through the Site and/or classes are provided “as is” and “as available” without warranties of any kind either express or implied to the fullest extent permissible pursuant to applicable law, MumShape and its Partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

    Unless otherwise expressly stated by MumShape, MumShape and its Partners do not warrant or make any representations (1) that the Site and/or any class is suitable for you or will meet your personal needs, (2) regarding the adequacy or safety of any class or recommendation, (3) that the Site and/or any class, or any aspect thereof, will be available or permitted in your jurisdiction, (4) that the site or any aspect thereof will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (5) regarding the use of the Site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. You understand and agree any material or data that you download or otherwise obtain through the use of the site is at your own discretion and risk and that you will be solely responsible for any injury, loss or damages, including damage to your computer system or loss of data that results from the download of such material or data.


     

  6. Waiver
    You understand that MumShape is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the classes they provide are operated and delivered by the applicable Partner venue and not by MumShape. MumShape is not responsible for the quality of any class provided by a venue or third party (including but not limited to the facility, instructor or class curriculum. You are solely responsible for determining whether the class or recommendations available on or through the Site and/or classes are right for you.

    You understand that there are certain inherent risks and dangers in exercising and that the classes you may attend or participate in offering a range of activity and intensity levels. By using MumShape (including but not limited to attending, participating in or using a class), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss, and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm.

    You acknowledge and agree that it is your responsibility to consult with your physician or other health care professional prior to using MumShape (including but not limited to attending, participating in or using a class) and to determine if and how participating is appropriate for you. Do not use classes if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.

    You also understand and agree that the Site offers fitness and related information that is designed for informational, educational and entertainment purposes only. Nothing stated or posted on or otherwise available through any aspect of the Site and/or a class is intended to be, and must not be taken to be, the practice of medical, professional or counseling care. You should not rely on any information on or through the Site and/or a class as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. if you have any concerns or questions about your health or fitness level, you should always consult a physician or other health-care professional. Do not ever disregard, avoid or delay obtaining medical or health-related advice from your health-care professional because of something you may have read or heard on or through the Site and/or a class. The use of any of the content, recommendations, and information provided on or through MumShape is solely at your own risk.

    The site is continually under development and MumShape makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purposes. In that regard, developments in research may impact the fitness or related advice that appears on or in connection with the Site. No assurance can be given that the advice or recommendations contained in or through the Site and/or a class will always include the most recent findings or developments with respect to the particular material.

    Therefore, to the fullest extent permitted by law, you release, MumShape, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of the site and/or attendance at, participation in, purchase of and/or use of any class) including but not limited to with respect to bodily injury, physical harm, loss, illness, death or property damage.


     

  7. Limitation of Liability and Damages
    Nothing in these terms is intended to exclude or limit any liability that we may have to you by operation of applicable law. This includes liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation. It is acknowledged, however, that we accept no liability for the negligence of third parties, including any Partner venue where you may redeem eligible classes. Advice about your legal rights is available from your local citizens' advice bureau or trading standards office.

    Under no circumstances, including, but not limited to, negligence, will MumShape or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages arising from or related to the use of the Site, including those that result from the use or the inability to use the Site or any other interactions with MumShape. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, MumShape’s liability will be limited to the fullest extent permitted by applicable law.


     

  8. Miscellaneous
    a) Choice of Law. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You hereby waive any right to a jury trial and agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

    b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns, and licensees.

    c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

    d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

    e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and MumShape relating to the subject matter herein.

    f) Disclosures. The services hereunder are offered by MumShape Europe Limited, a limited liability company incorporated and registered in England and Wales with company number 11718096.

    g) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

    h) Notices. Notices will be sent to you at the email address that you provided to MumShape during the registration process. Notices may be sent to us here: info@mumshape.co.uk. Notice will be deemed given 24 hours after email is sent unless the sender receives an automatic, electronic notification that such notice was not successfully received.

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