Terms and Conditions

About Get Fit For Business, our products and services

Your order is subject to the following conditions.  Please read them carefully.

Get Fit For Business Ltd mostly serves Business Customers with training or services intended for use in business.

You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.  This means that you do not have the same rights as a consumer.  In the unusual event however you are buying a service that is not us as a consumer then those rights that apply to you are clearly stated in these terms.

When you buy from us you are agreeing to the following (all of which are set out in more detail below):

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly unavailable.  When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.

If you are a business customer you have no set-off rights

Amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)].

We charge interest on late payments

If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control (such as nuclear war, loss of power, illness) we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team to end the contract and receive a refund for any products you have paid for in advance, but not received.

Your legal right to change your mind. Most of our products are either digital products or services that are crated on a bespoke basis, or are intended for business users.  In such a case you do not have a legal right to change your mind about your purchase, as set out below.

If however you are buying a generic (not bespoke) product from us as a consumer and have not yet received it (for digital products) or have not booked time then you typically have 14 days from the date or order to notify us of your change of mind. If we have not dispatched the goods or booked the services when we receive your notification and you are a consumer, rather than a business we will refund

When you can’t change your mind. You can’t change your mind about an order for:

  • digital products, after you have received these from us;
  • services (for instance coaching), once these have been either booked or completed;
  • goods that are made to your specifications or are clearly personalised; and
  • goods which become mixed inseparably with other items after their delivery.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact our Customer Service Team.

You have rights if there is something wrong with your product

Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team.

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.] Remember too that You have several options for resolving disputes with us.

Summary of your key legal rights (only applicable where you are a consumer)
If your product is digital content, for example software, an AI agent, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you’re entitled to a repair or a replacement.

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.

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

If your product is services, for example training, the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.

If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

 

Your rights if you are a business. We warrant that on delivery, and for a period of 7 days from the date of delivery (warranty period), any products which are goods shall:

  • conform in all material respects with their description;
  • be free from material defects in design, material and workmanship;
  • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
  • be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:

  • you give us notice in writing [during the warranty period] within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
  • we are given a reasonable opportunity of examining such product; and
  • you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.

Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business) if:

  • you make any further use of such product after telling us it is non-compliant;
  • the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
  • the defect arises because we followed any drawing, design or specification supplied by you;
  • you alter or repair the product without our written consent; or
  • the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements;
  • to make minor technical adjustments and improvements, for example to address a security threat. These are changes that [don’t affect your use of the product; and
  • to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

Changes we can only make if we give you notice and an option to terminate. We can also make the changes to the product or these terms, but if we do so we’ll notify you and you can then contact our Customer Service Team

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency.

We can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least one month in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

  • you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due; or
  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, where services are to be provided at your premises and we do not have access;
  • if you are disrespectful to us or to other customers (for example on group coaching calls) in our reasonable discretion.

We don’t compensate you for all losses caused by us or our products

Our liability to consumers. We’re not responsible for losses you suffer caused by us breaking this contract if the loss is:

  • Unexpected. It was not obvious that it would happen (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

  • we shall not be liable to you, 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; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under your contract with us.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

  • death or personal injury caused by negligence to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • defective products under the Consumer Protection Act 1987; or
  • any liability that cannot legally be limited.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude 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.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us or our products as per our Complaints policy.

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.