5-a-day Fitness Terms & Conditions

The following terms and conditions of use contain the terms on which you may use the website www.5-a-day.tv, whether as a guest or as a registered user, and on which we supply goods and services to you and your school/organisation via the site. BY ACCESSING OR USING THIS SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE UNDER ANY CIRCUMSTANCES. We recommend that you print off or save a local copy of the terms for your records. As we update and expand our services, this policy may change, so please refer back to it periodically.

www.5-a-day.tv is operated by 5-a-day Fitness Ltd.UK registered company 06684604. Registered Office: The Coach House, 1 Howard Road, Reigate, Surrey, RH2 7JE. VAT No. 948330117. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to all users including those who have registered with us.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion, you or your school/organisation have failed to comply with any of the provisions of these terms of use. You and your school/organisation are responsible for making all arrangements necessary for you to have access to our site. You and your school/organisation are also responsible for ensuring that all persons who access our site through your internet connection, and those who use the login details, are aware of these terms and comply with them. You and your school/organisation are permitted to share your General Staff username and password with authorised personnel ONLY (staff members currently employed by your school or organisation directly, for use at the named geographical site only), any usage via your account is deemed as acceptance of the terms and conditions on behalf of your school or organisation (the account holder). You must not disclose your username or password to any third party. All such rights are reserved and breach of this will result in your subscription being cancelled without refund. Personal named Admin User usernames and passwords may not be shared with anyone, and are specific to the named Admin Users on the account.

It is the responsibility of the school/organisation to update and maintain the accuracy of information, named contacts (Admin Users), and contact details relating to your account, and to inform 5-a-day Fitness of any changes or updates that need to be made. It is the responsibility of subscribing schools/organisations to ensure that access is only granted to authorised personnel connected to the school/organisation. If the school/organisation believes that unauthorised access is possible they must contact 5-a-day fitness immediately by emailing info@5-a-dayfitness.com as soon as possible.

If you or your school/organisation are unhappy with your purchase, the initial first year subscription order maybe cancelled with us at any time within a 30-day period, starting on the date of the initial invoice. If products are returned, or we are informed of a school/organisation’s wish to end the subscription within the initial 30-day period you or your school/organisation will be entitled to a full refund. Refunds will be received within 30 days of the date you tell us that you are cancelling the relevant order. Subscriptions fees will not be refunded if cancellation notice is given after this initial 30-day period. You must tell us in writing (by email) if you wish to cancel an order, you should do this by using the contact form on the website or by emailing info@5-a-dayfitness.com.

To maintain usage access your school/organisation’s subscription will automatically renew on a yearly basis (12 months from initial sign up), with the renewal invoice being sent by email 30 days before payment is due (on the 1st day of the month of each new 12-month period). Invoices are payable within 30 days (initial and renewal invoices), with payment on account being deemed as acceptance of the terms and conditions. Should you wish to cancel a subscription your school/organisation must contact us in writing (by email) within 30 days of the date of your renewal invoice. Cancellation notification must be sent to info@5-a-dayfitness.com (or via the contact form on our website), after which you will receive confirmation of cancellation in a reply from us as validation. If cancellation notification is received after this 30-day period your invoice and subscription fee will be required to be paid in full. We cannot accept any cancellation notification outside of this 30 day period. We cannot accept any cancellation notification on an account that has an outstanding balance, all outstanding payments must be received before an account can be closed. To avoid any break in service please ensure that payments are received promptly. Late payments maybe subject to additional fees and charges.

Orders on account can only be accepted from commercial organisations (i.e. schools, colleges, school sport partnerships, academy trusts, etc.) or account holders (please contact us if you are an individual with an interest). Goods will only be dispatched to parties on receipt of completed order form and/or accompanying payment for full balance of order (inc. VAT). Invoices can be requested before payment. Cheques are to be made payable to 5-­a-­day Fitness Ltd. Product/username/password will be dispatched with invoice to email address supplied. Please allow 7 days for delivery. Renewal invoices will be issued automatically inline with the initial purchase rate (unless otherwise agreed), prices may increase subject to inflation/running costs etc. Named account holders (Admin Users) will be notified prior to any price change, agreed continuing discounts will still apply.
Group buy-ins through organisations with several schools/organisations under one invoice, with one purchasing contact (such as School Sport Partnerships, Academy Trusts, School Boards/Districts etc), will be contacted at least one month prior to renewal invoice issue date to allow time for review and communication of individual school/organisation status updates. If an updated response has not been received by us from the group buy-in organisation before the intended date of the renewal invoice, the renewal invoice will be issued for the same number of schools/organisations as the previous year. On issue of this invoice (updated or otherwise) the standard terms and conditions concerning the 30 day grace and cancellation period, as stated in this document, will apply. Payment on account from a group buy-in organisation is deemed as acceptance of these terms and conditions, on behalf of the schools/organisations with that group.

We are the owner or the licensee of all intellectual property rights on our site, and the material published or broadcast on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. The material published and broadcast on the site may not be downloaded or copied. You must not modify in any way any part of our site or the materials on it (including without limitation video content). Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You agree not to distribute any part or parts of the website or any of the materials on it without our prior written permission. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You agree that you will only access the site and any materials posted on it for your own personal, non-commercial use, within your school/organisation. You also agree not to use our site or any of the materials on it for the solicitation of business in the course of trade or in connection with a commercial enterprise. If you print off, copy or download or use any part of our site or any materials posted on our site without prior permission, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You 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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it

These terms are governed by the laws of England and Wales and any disputes arising out of, under or in connection with these terms shall be subject to the exclusive jurisdiction of the English courts. If you have any concerns about material, which appears on our site, please contact info@5-a-dayfitness.com.