Terms & Conditions

Kontent Cloud

General Terms & Conditions

 

  1. IMPORTANT INFORMATION

 

  • Kontent Cloud is a digital content service which provides fitness web-apps, workout instructions, recipes, sports news, and other features.
  • This service is operated by Date Digital Ltd; a promoter name owned by Date Digital Ltd, a company registered in England and Wales under company number 13336012 and with our registered office at 15 Home Farm Luton Hoo Estate, Luton, Bedfordshire, United Kingdom, LU1 3TD.
  • We process information about you in accordance with our Privacy Policy. By using our service, you consent to our processing of your personal data and warrant that all data provided by you is accurate.
  • If you do not agree to be bound by all of these Terms and Conditions, do not access or use the service.

 

  1. YOUR CONTRACT WITH US

 

  • In registering for a subscription to the service, you confirm that you are:
  • Legally capable of entering into a binding agreement and are at least 18 years’ old
  • Completely responsible for all charges arising out of and in connection with the use of the service including but not limited to the cost of products and services provided by our third-party partners
  • All information provided in your registration is complete, accurate and not misleading
  • Use of the service is for legitimate and personal entertainment purposes only

 

  • You must not share your subscription log-in details with any other person.
  • You must not make use of any material relating to advertising, marketing or promotions for personal, business or commercial purposes.

 

  1. YOUR SUBSCRIPTION

 

  • Your subscription shall begin once you have completed the service registration. This will include a correct and valid method of payment, i.e. PayPal, Apple Pay, Credit Card or any other accepted payment method.
  • Once your subscription is active, we will provide you with a confirmation email setting out the details of your subscription.

 

  1. PRICE & PAYMENT

 

  • All subscription rates shall be as confirmed in your subscription confirmation email once you have completed registration.

 

  • Following completion of the trial period (if applicable), your first payment shall be an upfront payment of one month’s subscription fee (paid upon registration), followed by a monthly fee (stated to you at the time of purchase) on the same day each month until you cancel your membership.
  • Your subscription will automatically renew on the same date each month. Monthly payments are automated and non-refundable once processed.
  • We reserve the right to change our prices at any time and in the event we propose to increase your monthly subscription fee, we will email you with confirmation of the new proposed fee within 30 days of the new increased fee being applied to your subscription
  • Where a monthly fee for your subscription has not been received, we reserve the right to restrict access to the service until your subscription is up-to-date.
  • In the event of non-payment or a failed billing attempt to your method of payment, we will continue to make additional billing attempts for up to 90 days. Subject to clause 4.7 below, in the event we cannot recover payment, your subscription will be cancelled.
  • Where our additional billing attempts fail, we reserve the right to refer your subscription and outstanding amounts owed to a third-party recovery agency and further recover any additional costs incurred in doing so.
  • Apple Pay/Google Pay/PayPal: If subscribing via Apple Pay/PayPal, please note that in some instances, your subscription may be collected before your due date. Please, therefore, ensure that your nominated account has sufficient funds for payment.
  • All Apple Pay and Google Play transactions are being processed securely through our Third-party payment gateway, Stripe. All payment transactions are PCI Compliant, which means we do not and will not store your payment card details. You are responsible for notifyinf us of any change in your payment method.

 

  1. DISCLAIMER

 

  • All rights are reserved by Date Digital Ltd. All information contained in this website is provided for reference purposes only. Whilst we endeavour to ensure the accuracy, reliability and completeness of the information provided; we do not make any warranty or representation, express or implied or accept any responsibility for the accuracy, completeness, reliability or suitability of the information other than that expressly incorporated into the terms of our contract in writing
  • We accept no liability whatsoever to you or any other associated person for any loss or damage arising from any inaccuracy or omission in the information provided by you when interacting with our service or from any consequences, decision, action or non-action made prior to consumption of any products or services
  • Where our service may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use or downloading of them
  • We accept no responsibility or liability for system or network errors or other issues which are out of our control and may disrupt access or delivery of the service’s content
  • We accept no responsibility for any loss or injuries caused as a result of your participation in any of these exercise programs.
  • The nutritional information provided on this website is given purely for informational purposes only. Recipes available on this website may not have been formally tested by us or for us and we do not provide any assurances nor accept any responsibility or liability with regard to their originality, efficacy, quality or safety. Please consult with a healthcare professional before making any significant lifestyle changes pertaining to your dietary requirements.
  • It is your responsibility to review the listed ingredients before cooking to ensure none of the ingredients causes adverse effects to anyone consuming the food, i.e. specific nutrient deficiencies, allergies, pregnancy-related effects or other food-related health issues. Please consult with a healthcare professional before making any significant lifestyle changes pertaining to your dietary requirements.
  • Please be aware that taking part in exercise carries an element of risk of injury and you should consult with a medical professional before commencing any new exercise program or activity. Please take the appropriate steps to ensure you are exercising in a safe environment, wearing appropriate attire and following instructions correctly.

 

  1. YOUR RESPONSBILITIES

 

  • By subscribing to the service you, the Account Holder, warrant that:
  • You will not download, use or copy any of the service materials except as otherwise permitted by these Terms.
  • You will not use the service for any business, commercial or public purpose
  • You will not attempt or encourage the misuse of the service by introducing viruses, trojans, worms, logic bombs or other material which would be considered malicious or technologically harmful

 

  1. PROMOTIONS

 

  • We may, from time to time, run promotions on our service including but not limited to; trial periods, reduced subscription prices, prize draws and free products from promoted brands which are free to access (subject to registration)
  • Where in force, separate rules shall apply to those promotions. These rules shall apply in conjunction with and addition to these general terms and conditions

 

  1. OUR LIABILITY

 

  • Nothing in these terms shall be deemed to limit our liability in respect of death, personal injury caused by a negligent act, fraud, fraudulent misrepresentation or any other losses that cannot be excluded or limited by applicable law.
  • Without prejudice to any specific limitations and exclusions under these Terms, our total liability shall be limited to one month’s subscription fee.
  • We shall not be liable for any indirect or consequential loss, howsoever caused, including (but not limited to): loss of or corruption to data systems or equipment or the actions of third parties which may affect the use of the service.

 

  1. CANCELLATIONS & REFUNDS

 

  • Subject to the provisions of this clause 8, you may cancel your subscription at any time by doing the following:
  • Email – [email protected]
  • Telephone – 0330 057 0984
  • Online – go to your account settings and select ‘cancel account’
  • Live chat – available on the business website that is displayed as the payment descriptor in your bank account statement.
  • Your cancellation will become effective at the end of your current billing period.
  • If you cancel your subscription within 14 days from the day after the date of registration (the ‘cooling off’ period), you will be entitled to a refund of your subscription fee.
  • We do not offer a refund, prorated or otherwise, for the remainder of the subscription term.
  • NOTE: We will not issue refunds to any subscription cancellations issued after the cooling off period has expired.
  • You may cancel future payments for your subscription at any time, however, any payments that were processed prior to the date of cancellation will not be refunded.
  • All refunds offered outside of the cooling off period are given on a discretionary basis only and we reserve the right to withdraw such refund in the event that a dispute arises via your chosen payment merchant, i.e. PayPal, Credit Card.
  • All chargeback requests shall be subject to thorough investigation and review by our Policy Team. Where a valid contract is established, the chargeback will be disputed and you may be added to a blacklist to prevent further misuse.

 

  1. FAIR USAGE

 

  • Where there is a genuine belief that there has been a misuse of the service by your or a third party connected to you, we may, at our discretion, issue you with a warning to moderate your behaviour and interaction with the service.
  • In extreme cases, we reserve the right to reject and subsequently cancel any subscriptions where there is a genuine belief that misuse of the service by you or a third party connected to you is excessive and threatens the integrity of the service.

 

  1. COMPLAINTS

 

  • We take all complaints seriously and endeavour to resolve all grievances promptly. In dealing with your complaint, we will be respectful to you at all times and expect the same behaviour towards our staff.
  • All customer service calls are recorded and our staff reserve the right to terminate any call if they are subject to abuse or threatened.
  • If you have a complaint regarding your subscription of the service, please contact us using the below method of communication:

 

Tel:            0330 057 0984

Email:         [email protected]

Post:           15 Home Farm Luton Hoo Estate, Luton, Bedfordshire, United Kingdom, LU1 3TD

 

  • All information received in your complaint shall be used for the sole purpose of investigating and responding to the complaint made.
  • We will endeavour to resolve your complaint within 10 working days. For more information, please liaise with our Customer Services Team as to our complaints procedures.

 

  1. GENERAL

 

  • Assignment: The Contract between the parties shall not be assigned by the Contractor without written consent of Kontent Cloud.
  • Amendments: this Agreement shall not be amended except with the prior written approval of each Party
  • IP: The Contractor agrees and acknowledges that all Intellectual Property in Kontent Cloud’s material relating to the Campaign shall remain the exclusive property of Kontent Cloud. This Intellectual Property shall not be used, distributed, disclosed or licensed by the Contractor without prior written permission of Kontent Cloud.
  • Law & Jurisdiction: This Agreement and these Terms shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts in respect of both contractual and non-contractual matters