Terms of Service

TERMS OF SERVICE AND WEBSITE USE FOR SHAPEHOLDINGS LIMITED TRADING AS BUA FIT (UK)

Please read these terms and conditions carefully before using this site

1. Introduction

These terms and conditions ("Terms") govern your use of the BUA FIT website, mobile application ("App" or "Web App"), and any services provided by Shapeholdings Limited, trading as BUA FIT ("we," "us," "our"). By accessing or using our App, Website, or any BUA FIT services, you agree to comply with and be bound by these Terms. You should keep a copy of these Terms for future reference. The App, Website, and BUA FIT services are available only in the English language.

The information you provide to BUA FIT will be used in accordance with our Privacy and Cookies Policy. This policy outlines how we collect, use, and protect your personal information. Please note that this Privacy and Cookies Policy does not apply to third-party sites, as defined below.

2. Definitions

Capitalized terms used in these Terms have the following meanings:

• "App" or "Web App": The BUA FIT mobile application.
• "Booking": A booking made using the App for a Supplier Service.
• "Cancellation Fee": A fee payable as set out in Clause 7.4.
• "Confirmed Booking": A booking made using the App that is confirmed with a Supplier.
• "Content": The content and materials on the Website and App.
• "Device": The mobile phone or handheld device onto which the App is registered.
• "Events Beyond Our Control": Events that are beyond our reasonable control, including but not limited to fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity, and Acts of God.
• "Login": The registered username and password accepted by BUA FIT for accessing the App.
• "Services": Wellness services that Suppliers provide.
• "Service Fee": The amount payable for a Booking, as indicated on the App at the time the Booking is made.
• "Supplier": A third-party provider of a Supplier Service.
• "Supplier Service": Any service provided by a Supplier available to book through the App.
• "Supplier Terms": Terms governing Suppliers' obligations as set out in Clause 6.2.
• "Submission": Any user-generated content as set out in Clause 8.3.
• "BUA FIT Service": The services provided to Users by BUA FIT, including the ability to register for an account, access information on the App and Website, and book Supplier Services.
• "Website": The BUA FIT website at buafit.co.uk.
• "Working Days": Any day which is not a Saturday, Sunday, or a UK bank holiday.
• "User": Any person or company using the App, including for the purpose of making a Booking or providing Supplier Services.
• "Company": A business entity or organization that uses the App to book wellness services for its employees.
• "Wellness Program": A customized wellness package or contract for a Company, which may include multiple classes, seminars, or workshops over a specified period.

3. Use of the App and Website

3.1. The App and Website are provided "as is" and may be updated or amended without notice. Continued use of the App and Website signifies acceptance of the amended Terms.

3.2. Companies can use our platform to book wellness services, including classes, seminars, wellness days, workshops, and wellness strategies through our Suppliers. Contracts can range from 3 to 24 months, depending on the Company's needs.

3.3. Companies may book one-off classes directly through the marketplace without speaking to a BUA FIT representative. These bookings do not require a contract but are subject to a 48-hour cancellation policy. If a cancellation is made within 48 hours of the scheduled class, Companies can postpone the class to a new date.

3.4. All wellness programs and contracts are bespoke, tailored to each Company's requirements, and will be provided as separate agreements. These bespoke contracts will outline the specific terms, obligations, and pricing.

3.5. As a wellness partner, BUA FIT handles the entire execution of wellness days, programs, and classes for Companies, ensuring seamless delivery and management of all booked services.

4. Data Ownership and Usage

4.1. BUA FIT retains ownership of all data generated, collected, or processed on the platform, including but not limited to data related to Bookings, Supplier performance, User activity, and feedback. This data is protected in accordance with our Privacy and Cookies Policy, which complies with the UK GDPR and other relevant data protection laws.

4.2. Content created by Suppliers or Users on the platform, including but not limited to class materials, videos, and other media, is owned by BUA FIT. By using the platform, Suppliers and Users grant BUA FIT a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, distribute, modify, and display such content for business purposes.

4.3. Companies using the platform agree that BUA FIT may use aggregated and anonymized data for analytics, marketing, and service improvement purposes.

5. Supplier Terms and Conditions

5.1. Wellness professionals and Suppliers may subscribe for income opportunities through different subscription plans:

• £12.50 per month: Basic income opportunities.
• £25 per month + 2% per customer transaction: Access to the booking platform with income opportunities.
• £40 per month + 2% per customer transaction: Full access to the booking platform and income opportunities.

5.2. All subscriptions can be annual at a discounted rate but are non-refundable and non-negotiable.

5.3. Suppliers covering BUA FIT-branded classes must adhere to branding and compliance guidelines, arrive early, and provide a class overview. Failure to attend without prior notice may result in a £100 fine and additional costs for reputational damage.

6. Subscription Terms and Automatic Renewals

6.1. Subscriptions to BUA FIT services, including trials, are subject to auto-renewal unless canceled within the designated period. For example, signing up for the BUA Unlimited trial for 14 days at £14 will automatically convert to the full price of £99 per month (or any applicable discounted rate) if not canceled by the end of the trial period.

6.2. For Companies entering into wellness contracts, all contract terms, including pricing, cancellation, and refund policies, will be outlined in separate, bespoke agreements.

7. Cancellations, Refunds, and Postponements

7.1. For single class bookings, cancellations made up to 48 hours in advance will receive a full refund. No refunds will be issued for cancellations made after this period. However, the class may be postponed to a new date.

7.2. Contract bookings (3-24 months) cannot be canceled once agreed upon. However, adjustments to the schedule may be made as agreed upon in the bespoke contract.

7.3. BUA FIT reserves the right to cancel any Booking or Contract due to Events Beyond Our Control. In such cases, the Company will be entitled to a refund or rescheduling of the affected services.

8. Privacy, Cookies, and GDPR Compliance

8.1. We are committed to protecting your privacy and comply with all applicable data protection and privacy laws, including the UK GDPR. Our full Privacy and Cookies Policy outlines how we collect, use, and protect your data.

8.2. Our Cookies Policy explains the types of cookies we use, their purpose, and how you can manage your cookie preferences. By using our App and Website, you consent to our use of cookies as described in the Cookies Policy.

8.3. All data collected through the App and Website is stored securely and will not be shared with third parties without your consent, except where required by law or for the execution of services.

9. Amendments and Updates

9.1. We reserve the right to amend these Terms at any time. You will be notified of any changes through the App or Website, and continued use of our services will constitute acceptance of the updated Terms.

10. Limitation of Liability

10.1. We are not liable for any loss or damage arising from events beyond our control, or any indirect, incidental, or consequential losses arising from the use or inability to use the App, Website, or Services.

10.2. BUA FIT is not responsible for the actions or omissions of any Supplier or for any damages that may result from a Supplier’s failure to perform their obligations.

11. Indemnity

11.1. Companies, Suppliers, and Users agree to indemnify, defend, and hold harmless BUA FIT, its affiliates, and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the App, Website, and Services.

12. Governing Law

12.1. These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact Information

If you have any questions about these Terms, please contact us at info@buafit.co.uk.

14. Entire Agreement

14.1. These Terms constitute the entire agreement between you and BUA FIT concerning your use of the App, Website, and Services.