Our terms
- These terms
- What these terms cover. These are the terms and conditions on which we supply courses, videos and other content to you (“Online Content”).
- Why you should read them. Please read these terms carefully before you subscribe or submit your order to us. These terms tell you who we are, how we will provide the Online Content to you, how you and we may change or end this contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
- Who we are. We are Emberly Limited a company registered in England and Wales. Our company registration number is 10845880 and our registered office is at 22 Chancery Lane, London WC2A 1LS.
- How to contact us. You can contact us via email at: hello@emberly.co.uk.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 Please check your order before submitting. If you are not subscribing to our platform, during the order and payment process you will be able to select which Online Content you wish to use. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process before you submit your order as you will not be able to change your mind afterwards.
3.2 How we will accept your order.
Standalone content: Our acceptance of your order will take place when we email you (after you have clicked on the ‘submit’ button on the website and paid the relevant fee), at which point a contract will come into existence between you and us.
Subscriptions: You will be subscribed to our platform once you had paid the relevant fee and we will send you a confirmation email.
3.3 If we cannot accept your subscription or order. If we are unable to accept your order or process your subscription, we will inform you of this and will not charge you for the Online Content that you have not been able to access. This might be e.g. because the payment has not been able to be processed, because of unexpected unavailability of the Online Content which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.4 Payment prior to access. You will be required to pay the applicable one off or subscription fee (as applicable) prior to being given access to the Online Content in accordance with these terms. If your payment is declined, not authorised or is otherwise unsuccessful we reserve the right to prevent your access to the Online Content.
3.5 Promotional codes. If you have a promotional code entitling you to use any of the Online Content at a discounted rate, you must input that promotional code prior to making your payment. You will not be entitled to a refund of the charges, or any part of them, if you subsequently notify us that you have any promotional code.
3.6 Acceptance of your order. After you place an order and we successfully receive your payment we will send you an email confirmation (usually within 48 hours).
3.7 Changes to our terms. We reserve the right to update, amend or withdraw any Online Content from our site at any time. In the event that we cease to provide any Online Content that you have purchased, we will inform you of this by e-mail:
Standalone content: you will have the option to either transfer your payment to an alternative course or video of equivalent value or cancel your order in respect of the specific course or video you purchased.
Subscriptions: your subscription period will be extended by the time equivalent to which the Online Content was unavailable to you.
3.8 Promotion Our website and our terms are primarily aimed at the promotion and use of the Online Content in the UK.
- Your obligations
- What you need to use the Online Content. Before you subscribe or place your order please ensure you have sufficient internet bandwidth, memory/space and the ability to view or stream the Online Content on your device.
- Beware of any health issues you may have. The Online Content may be aimed at people with a certain level of fitness. It is your responsibility to ensure that you know your own health, fitness and limitations.
- Online Content is for personal use only. Only you can use the Online Content. You may view or listen to the Online Content for your own personal, non-commercial use only. You cannot reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify any part of the Online Content or any other materials that are provided with the Online Content. You need our written consent to transfer your rights to someone else.
4.4 We do not warrant that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
4.5 You must not introduce any viruses or harmful. During your use of our site, you must not knowingly or recklessly introduce any 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 they are stored or from which they are provided or any server, computer or database connected to them. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
4.6 Digital rights management. We may, in our sole discretion, use software, digital rights management tools, electronic watermarks, cookies, web beacons, tracking tools or services or any other similar tools or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively “DRM Tools”) together with any other information or data provided by you so as to enable us to monitor and keep records of the copying, downloading and use of the Online Content for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights in and to the Online Content.
- Ownership of the Online Content
5.1 We own the Online Content. All Intellectual Property Rights in and to our site and the Online Content are owned by us and shall remain owned by us or our licensors. Any copying, reproduction, modification, distribution, sale or any other use of any of the Online Content shall be a breach of these terms. If you print off, copy, duplicate or download any part of the Online Content in breach of these terms of use you must, at our option, return or destroy any copies you have made (this shall be without prejudice to any other rights or remedies we may have).
5.2 Your right to use the Online Content. We hereby grant you a personal, non-exclusive, limited licence to access and use our site and the Online Content solely in accordance with these terms of use.
5.3 Restrictions on use. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Online Content or any other materials that are provided with the Online Content to human-readable form.
5.4 Trade marks. You acknowledge that all Intellectual Property Rights in and to the name “Emberly” and any associated logos are and shall remain owned by us and that all goodwill accruing in it shall accrue to and be owned by us.
5.5 Accessing our website: We do not guarantee that our site (or any content on it including the Online Content) will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5.6 Intellectual property rights. For the purposes of these terms “Intellectual Property Rights” shall mean but not be limited to trade marks and service marks, trade names and business names, rights in goodwill, rights in designs, copyrights (including copyright in artistic, literary, dramatic, musical or other works and photographs), patents, rights in inventions, database rights, rights in know-how, confidential information and trade secrets and all other intellectual property rights (whether or not any of these is registered and including applications for registrations and rights to apply for registrations) and all rights and forms of protection of a similar nature or having equivalent effect to any of these which may subsist anywhere in the world.
- Subscription and Charges
6.1 Subscription and Charges. You can either subscribe to our platform or purchase one-off pieces of Online Content.
6.2 Subscription. The Online Content will be made available to you on either a month-by-month or annual subscription basis and you will need to pay the relevant subscription fee (as set out on our platform at the time you subscribe) each month or year (as applicable).
6.3 Standalone content charges. The price of the relevant piece of Online Content will be as quoted on our site at the relevant time.
6.4 Auto-renewal. At the end of your subscription term we will automatically take the payment of the next month or year’s fee unless you notify us that you want to cancel. It is up to you to keep your details registered with us (e.g. billing information, payment card details and email address) accurate and up to date in order for us to take a payment for Auto-Renewal.
6.5 Pricing changes. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. Prices for our Online Content may change from time to time:
Standalone content: please check the price of each piece of Online Content before you place your order
Subscriptions: we will not charge you the new price until the next month or year (as applicable) and where possible we will notify you in advance of the proposed new charges.
6.6 Incorrect pricing. It is always possible that, despite our reasonable efforts, some of the courses, videos and other content on our site may be incorrectly priced. If we discover an error in the price of the course, video and other content you have ordered we will inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the course, video and other content to you at the incorrect (lower) price.
6.7 Payment method. We accept payment via debit card or credit card.
- Changes to the Online Content
- Changes to content. We may choose to rotate and refresh Online Content so we cannot guarantee that specific content will be available throughout the whole of your subscription period. If you have purchased standalone content we will notify you if we intend to remove it and may include instructions on how to download it prior to such removal.
- Suspension of the Online Content. We may have to suspend access to the Online Content in order to deal with technical problems or make minor technical changes (unless the problem is urgent or an emergency). We will endeavour to keep such interruption to a minimum. If you cannot use or access the Online Content that you have subscribed to for one week or more we will contact you and you may be able to download the Online Content.
- Your rights to end the contract
- If what you have bought is faulty or misdescribed. You may have a legal right to end the contract with us (or to get the service re-performed or to get some or all of your money back) if the Online Content is not exactly as described on our site at the time you placed your order.
- Cooling-off period. You may have a legal right to end the contract with us within 14 days of you placing your order unless you have accessed (i.e. downloaded or streamed) the Online Content at any time.
- Tell us you want to end the contract. To end the contract please send us an email at hello@emberly.co.uk
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the relevant Online Content, by the method you used for payment. We will make any refunds due to you within 14 days of accepting your request for a refund.
- Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due
9.2 If we have to withdraw the Online Content. We may write to you to let you know that we are going to stop providing the Online Content. We will let you know at least 14 days in advance of our stopping the supply of the Online Content (and if you have a yearly subscription we will refund any charges you have paid in advance for relevant Online Content that you have not been able to access). You hereby agree that you will cease using and accessing the Online Content after such termination.
- If there is a problem with the Online Services
10.1 How to tell us about problems. If you have any questions or complaints about the Online Services, please email us at hello@emberly.co.uk.
11. Your legal rights
11.1 Summary of your rights. This section sets out a summary of your key legal rights in relation to the Online Content. Nothing in this section will affect your legal rights.
11.2 Consumer Rights Act 2015. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality and:
a) If your digital content is faulty, you’re entitled to a repair or a replacement;
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
11.3 Citizens Advice help. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (but please see your obligations in clause 4.2); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
12.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 Exclusion of liability. Except to the extent expressly stated in clause 12.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. We further exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
12.5 Where we do not have any liability to you. Subject to clause 12.1 we will not be liable to you:
(a) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
(b) for any losses that were not caused by our breach of these terms;
(c) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site;
(d) for any loss of profit, loss of business, business interruption, or loss of business opportunity (please note that we only provide our site for domestic and private use and you agree not to use our site for any commercial or business purposes);
(e) any loss or damage caused by a virus, distributed denial-of-service attack, 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 content on it, or on any website linked to it.
12.6 Our total liability to you. Our total liability to you for all losses (that cannot be excluded by law) arising under or in connection with these terms or any contract between us (including those set out in clause 12.5), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the charges you paid for the piece of standalone Online Content or the amount of the subscription charges you paid.
13. Disclaimers
13.1 No promise the Online Content will be error free. We do not promise that the website will be error free, uninterrupted, nor that it will provide specific results from use of the website. The results on the website are delivered at an “at the time available” basis.
13.2 Seek professional or legal advice. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
13.3 Assess your health and risk of injury. Some activities suggested or referred to in the Online Content may present a high risk of injury. Such activities may include dance, yoga, stretching, or any other physical activity. You are at all times responsible for assessing the appropriateness of using the Online Content and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical suitability.
13.4 You need to consider health and safety compliance. Subject to clause 12.2, we will not be held responsible for any injury, loss or damage resulting from use of the Online Content. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Online Content. You must ensure that you comply with the health and safety guidelines provided with the relevant Online Content that you are using.
13.5 No guarantees of reliability. While we endeavour to update and ensure that the information contained in the Online Content and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
14. How we may use your personal information
14.1 How we will use your personal information. We will only use your personal information as set out in our privacy policy.
15. Other important terms
15.1 Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
15.2 If a court finds part of these terms 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 (or part of them) are unlawful, the remaining paragraphs (or parts) will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Online Content, we can still require you to make the payment at a later date.
15.4 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 respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
