Terms & conditions
PLEASE REVIEW THESE TERMS CAREFULLY
Welcome to Amplify. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below).
Agreement to Terms and Conditions
The Amplify mobile application and related websites https://www.amplifylife.com/, https://www.amplifypro.com/ and services (collectively, the "Services") are made available to you by Amplify Limited a company registered in England and Wales (company number 9495037) with its registered office at 34a Watling Street, Radlett, Herts, WD7 7NN. References to "we", "us", or "our" are references to Amplify Limited.
These terms and conditions together with our Privacy Notice ("Terms and Conditions") set out the terms on which we supply any of our products ("Products") or provide any of our Services to you (whether as a guest or registered user). Please read them carefully as they affect your rights and liabilities under the law. By using the Services you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions and/or our Privacy Notice, you are not permitted to use our Services and please do not register for or use the Services.
IN PARTICULAR PLEASE READ THE DISCLAIMER AND LIABILITY PARAGRAPHS HEADED "OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU" BEFORE STARTING TO ACCESS OR USE THE SERVICES.
Disclaimer and Liability
WARNING: OUR SERVICES ARE INTENDED TO PROVIDE GENERAL INFORMATION IN RELATION TO HEALTH AND FITNESS AND ASSIST USERS TO TRACK, COACH AND SUPPORT PERSONAL HEALTH. IT IS NOT AIMED AT PROVIDING SPECIFIC ADVICE TO ANY INDIVIDUAL AND SHOULD NOT BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY DECISIONS REGARDING YOUR HEALTH OR WELLBEING. You must therefore check any advice or information provided on via our Services with your own GP (or other appropriate healthcare professional) before taking or refraining from any course of action or treatment or if you are unsure how this information or the Services may affect your health. Failure to do so could damage your health.
Amendments to Services and Terms and Conditions
We reserve the right, from time to time, to change these Terms and Conditions to reflect changes in law or best practice or to deal with additional features which we introduce.
The Terms and Conditions applicable to your access to and use of the Services will be the version appearing on this page - please ensure you check which version of the Terms and Conditions applies to your use of the Services. We will give you notice of any change by either sending you an email with details of the change or notifying you of a change when you next start using the Services.
Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not accept the notified changes you should not continue to use the Services.
Our Privacy Notice explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that we can use such data in accordance with our Privacy Notice.
In order to gain access to the Services and to purchase Products, you must first register to set up an account with us by completing the required registration details.
In order to register an account you must be an individual and agree to comply with these Terms and Conditions.
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms and Conditions on your behalf.
You confirm that all information you provide to us for the Services is true, correct and accurate. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
You may register for or log-in to your account via a third-party network, such as Facebook or Google. If you do so, you authorise us to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to your use of such third party network.
We may refuse at our absolute discretion any application to join us or receive our Services for any reason at any time whatsoever. Any suspension or cancellation of your registration and your right to use the Services shall not affect either party's rights or liabilities.
When you download our mobile application relating as part of our Services you will also be subject to the terms and conditions of the App Store, Google Play Store, or other mobile application provider from which you downloaded our mobile application.>
Password and Security
When you register to use the Services you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, or you suspect any breach of security or misuse of the Services, you should notify us by contacting us immediately via the details set out in the "Contacting Us" paragraph below.
If we have reason to believe that there is likely to be a breach of security or misuse of the Services, we may require you to change your password or we may suspend your account.
The services provided by the Services do not include the provision of computer, mobile or other necessary equipment to access the Services. To use the Services you may require Internet connectivity and appropriate telecommunication links. We shall not be liable for any internet, data, mobile or other costs that you may incur when accessing or using the Services.
Limitations on use of Services
You may not use the Services for any of the following purposes:
- disseminating any false, misleading, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, including "fake news";
- infringing our intellectual property rights or those of any third party, including by the submission of any material to the Services (to the extent that such use is not licensed by these Terms and Conditions);
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person's use or enjoyment of the Services;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or web sites connected to the Services; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- transmitting material containing any form of advertising or promotion for products and services, junk mail, chain letters or "spam";
- impersonating another person;
- uploading any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or Services, or that contains other harmful, disruptive, or destructive files or content; or
- referring to or creating links to other websites outside of those run by us or any of our group companies.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of law and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with any breach by you of the terms of this paragraph.
We reserve the right to refuse to allow you to post material on the Services or to remove any material already posted on the Services at our sole discretion.
Availability of the Services
Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We also cannot guarantee that the Services will be fault free, or uninterrupted. You are responsible for configuring your information technology, computer programmes and mobile device in order to access the Services. You should use your own virus protection software.
If a fault occurs in the Services you should report it by contacting us using the details set out in the "Contacting Us" paragraph below. We will attempt to correct the fault as soon as we reasonably can.
Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
Use of Community Services and interaction with other Amplify users
The Services may allow users to interact with each other via message boards, and other user forums ("Community Services"). The Community Services function as a venue to connect members in a virtual information place. We are not directly involved in the actual interactions between users of the Community Services.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded or downloaded (collectively referred to as "Content") or communications posted via the Community Services or endorse any opinions expressed via such Community Services. You understand that by using the Services, despite our efforts you may be exposed to Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate. All Content is the sole responsibility of the person who authored and/or posted such Content. We may not monitor or control the Content posted via the Services but we do not take responsibility for such Content and are not obligated to monitor access or use of the Services. If you discover any Content that might be offensive, harmful, inaccurate, deceptive or otherwise inappropriate you should report it by contacting us via details set out in the "Contacting Us" paragraph below.
We shall have no responsibility to confirm the identity, qualifications, background, or abilities of users of the Community Services. You shall at all time exercise common sense and good judgment when dealing with any user of the Services.
We advise you not to post or in anyway reveal any of your personal details on the Community Services (for example, your address and telephone number). You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of us. We make no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties.
You will be responsible for:
- any claim by any third party that the use of the Community Services by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Community Services by you infringes that third party's copyright or other intellectual property rights of whatever nature;
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Community Services by you; and
- our losses and costs resulting from your breach of these Community Services terms and conditions.
Other than in respect of your Personal Data which is covered under our Privacy Notice, any material you transmit or post via the Services shall be considered non-confidential and non-proprietary. We have no obligations with respect to such material./p>
By submitting, posting or displaying information through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein in any and all media or distribution methods for any and all commercial or non-commercial purposes.
All copyright and other intellectual property rights in the Services (including, without limitation, all materials, documentation, trade names and other proprietary information, logos, software, images, audio, video, multimedia content, photos and graphics) throughout the world belong to us (or our licensors). The rights in the Services are licensed (not sold) to you. All such rights are reserved. You have no intellectual property rights in, or to the Services, other than the right to use them in accordance with these Terms and Conditions.
You may retrieve and display the content of the Services on a computer screen, mobile device or portable tablet, store such content in electronic form on or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Services without written permission from us.
No licence is granted to you in these Terms and Conditions to use any of our trademarks or of our affiliated companies including, without limitation, the names Amplify, Amplify and associated trademarks.
Your content in our services
Our Services allow you to upload and submit content and data. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or submit content or data to or through our Services, you give us (and those we work with) a non-exclusive, perpetual, worldwide licence (together with the right to sub-licence) to use, host, store, reproduce, modify, create derivative works (such as those resulting from analyses, correlations, translations, adaptations or other changes that we may make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service.
Our systems analyse your data and content (including data received from third party applications you have given us permission to receive it from) to provide you with personally relevant products, services and features, such as customised plans, tailored recommendations and advertising. This analysis occurs as the content is sent, received and when it is stored.
No reliance on information
The content on our Services 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 Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up-to-date.
You understand that use of certain features of the Services may require you to purchase third party equipment or materials (eg devices to track exercise). While Amplify may recommend the equipment or materials of certain third party suppliers, Amplify shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.
In order to access certain premium content, applications, enhanced functionality and/or features of the Services ("Premium Membership"), you may be required to pay additional fees.
Premium Membership fees, along with any applicable VAT, may be paid on a monthly or annual basis as selected by you.
All Premium Membership fees are payable in advance and will be billed automatically by direct debit at the start of the monthly or annual period, as applicable.
Users changing from monthly to annual Premium Memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your Premium Membership or add new categories of service to your account, such changes may result in a new billing date. You agree to pay the Premium Membership fees, and other charges you incur in connection with your Amplify account, whether on a one-time or subscription basis.
Premium Membership fees will auto-renew until your Premium Membership is downgraded or terminated.
We reserve the right to review Premium Membership fees annually. We will give you at least 30 days' notice of any changes by either sending you an email with details of the change or notifying you of a change when you next start using the Services. Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not accept the notified changes you should cancel your Premium Membership.
You may cancel your Premium Membership at any time by contacting us at: email@example.com.
Amplify Pro Services
As part of the Services Amplify has developed a mobile and web-based platform (www.amplifypro.com) used by professionals (hereinafter "Providers") to gather information from, and/or provide information to those selected people within their care (hereinafter "Clients"). Amplify is not a Provider itself, and does not screen Content posted by Providers, nor does it select or screen specific information or assignments that are displayed to Clients. As such:
1. Amplify does not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any content, information or assignments) on the Service. You are responsible for the use of any such information and you should make your own enquiries from appropriate health care professionals to check if the information is accurate, complete and suitable for your intended use.
2. Amplify does not endorse or recommend any of the Providers on the Platform. Should you choose to follow or use any of the Providers this is at your sole discretion and Amplify has disclaims all liability.
3. All information contained on the Platform and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
4. There is the possibility of physical injury and/or death when participating in any task or assignment or attempting to follow any of the demonstration videos or diagrams. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your Provider and other medical professional or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed your Provider of your medical history and existing condition and have received their consent to participate (and continue to participate) in the assignments available to you through the Service.
5. At the Provider's request and with the consent of the Client, Amplify may, at its sole discretion, transfer a Client's records to the Client's new Provider using the Service. Once a transfer occurs no further access to the Client's records will be available to the transferring Provider. It is the responsibility of the transferring Provider to ensure that it maintains its records relating to the Client in accordance with law.
Third Party Products and Services
Third party products and services made available as part of the Services are made and offered directly by the applicable third party. When you purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Amplify. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. You agree that Amplify shall not be liable for any loss or damages of any kind incurred by you as the result of any of your dealings with third party service providers or advertisers available through the Services.
Amplify Supplied Products
Where we make Products available to you for purchase from us, the description and specification of any Products is only approximate and we reserve the right to make changes which do not materially affect the quality or performance of those Products. Any images of Products made available via the Services are for illustrative purposes only. The Products (and their packaging) we send you may vary slightly from those images available via the Services.
All Products shown via our Services are subject to availability.
The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
You can make orders as part of a rolling agreement with us where we agree to provide you with the Products on a periodic basis (weekly, bi-monthly, or monthly) (a "Subscription") or you can place one off orders. Your Subscription will terminate automatically on termination of your account (by you or us). You can also terminate a Subscription as set out in the "How To End The Contract With Us" paragraph below.
Order Acceptance of Amplify Supplied Products
Our acceptance of an order takes place when you receive email confirmation from us that we have accepted your order, at which point the purchase contract will be made and you will be charged for your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the Products. This might be because the Product(s) is (or are) out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
All offers are subject to availability and while stocks last.
If you wish to make a change to the Product you have ordered please contact us at: firstname.lastname@example.org. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
Deliveries and Returns of Amplify Supplied Products
The costs of delivery will be as displayed to you on the Services.
Our Services, including our website and mobile application is solely for the promotion of our Products and Services in the United Kingdom (including Northern Ireland). Unfortunately, we do not accept orders from addresses outside the United Kingdom (including Northern Ireland); this excludes PO Box addresses and BFPO addresses.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any Products you have paid for but not received.
A Product which is goods will be your responsibility from the time we deliver the Product to you. Delivery is deemed to have taken place once the Products have been delivered to your specified address or in accordance with your instructions or you have signed for the Products. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charges.
We may have to suspend the supply of any Products to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the products to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the products as requested by you or notified by us to you.
You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than fourteen (14) days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
If the Products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Non Delivery and shortages
You are requested to examine all products delivered upon arrival and to advise us, as soon as possible after delivery, of any apparent damage, shortage or irregularity. Claims for incomplete, damaged or defective products must be made to us, in writing, to Customer Services at the address set out in the "Contacting Us" paragraph below. Please try to report all lost or undelivered boxes online within 7 days of the expected day of delivery so that we can remedy the issue promptly.
You can cancel your Premium Membership or any order for Products:
(a) at any time before the cut off times relevant to your delivery day by emailing us at email@example.com. The cut-off times are as follows: for sales through the Amplify shop 5pm day prior to dispatch of items; and for subscriptions 4 working days prior to the next specified delivery date (Monday delivery date specified as default if no other selected so cancellation would need to be made on previous Tuesday). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
(b) if, following delivery of your order, you realise that what you have bought is faulty or incorrectly delivered you may be able to get the Products replaced or get some or all of your money back). We are under a legal duty to supply Products that are in conformity with these Terms and Conditions; or
(c) if you want to end a particular order or Premium Membership subscription because of something we have done or have told you we are going to do. In particular, where we have:
(i) told you about an upcoming change to the products or these terms which you do not agree to;
(ii) told you about an error in the price or description of the products you have ordered and you do not wish to proceed;
(iii) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(iv) supply of the products has been suspended for technical reasons; or (v) you have a legal right to end the contract because of something we have done wrong (including because we have delivered the products late);
(d) if you have just changed your mind about the Products or Premium Membership subscription you may be able to cancel your order and get a refund if you are within a 14 day cooling-off period from the date of delivery of the Products, but this may be subject to reasonable deductions to reflect costs incurred by us as permitted under your statutory rights and you will have to pay the costs of return of any goods. How long you have depends on what you have ordered and how it is delivered:
(i) If you have bought digital content for download or streaming (for example, a Premium Membership), you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(ii) If you have bought goods (for example, sport supplements you have 14 days after the day you (or someone you nominate) receives the goods, unless: (A)Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods, or (B) your goods are for regular delivery over a set period (for example a subscription service to sport supplement products) you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
(iii) If you have bought services you have 14 days after the day we email you to confirm we accept your order.
You acknowledge that the Products available via our Services are manufactured by third parties and the information on each Product has been supplied by such third parties and reproduced by us. As a result we have no control over, or responsibility or liability in relation to, the information given to us by such third parties.
How To End The Contract With Us
Cancellation of an order or subscription (including a Premium Membership) must be effective by accessing the Services , visiting "your subscription" in your account settings and selecting cancel subscription or by emailing us at firstname.lastname@example.org.
If you end the contract for any reason after Products have been dispatched to you or you have received them, you must either post them back to us to the address set out in the "Contacting Us" paragraph below or (if they are not suitable for posting) allow us to collect them from you. Please email us at email@example.com for a return label or to arrange collection.
We will pay the costs of return:
if the products are faulty or incorrect goods have been delivered;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
For more details please see the managing my orders section of our FAQs or get in contact with us at the email address below.
We may end your rights to use the Services if you break these terms
We reserve the right to terminate or restrict your use of our Services, for any or no reason whatsoever.
We may end your rights to use the Services at any time by contacting you if you have broken these Terms and Conditions in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so./p>
If we end your rights to use the Services:
you must stop all activities authorised by these Terms and Conditions, including your use of the Services;
you must delete or remove the Amplify mobile application from all devices in your possession and immediately destroy all copies of the mobile application which you have.
We may end the contract for a Product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
you do not, within a reasonable time, allow us to deliver the products to you.
Promotion Terms and Conditions
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by us or our partners. It is your responsibility to carefully review those terms and conditions.
All time sensitive promotions are according to GMT timing only.
Using Promotional or Discount Codes
A promotional or discount code (together "Codes") is redeemed by entering its Code as required by the online process.
Your use of Codes indicates your agreement to be bound by these Terms and Conditions.
We reserve the right, at our sole discretion, not to accept any Code if it is being used in conjunction with any other Code or any other offer/discount listed on the Services.
We reserve the right to withdraw, vary or cancel a Code for any reason at any time without notice.
Customer Promotion Limits
Any promotional feature or Code will only be limited to one per customer unless otherwise stated.
Distribution of Promotional Codes
Codes are, and remain at all times, our property. The right to use Codes is personal to the original recipient and may not be transferred. Codes may not be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written consent.
Where the redemption of a Code is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the Code. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.
Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
Security and Fraud
When you use a Code you warrant to us that you are the duly authorised recipient of the Code and that you are using it in product faith.
If you redeem, attempt to redeem or encourage the redemption of promotional codes to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
If we reasonably believe that any Code is being used unlawfully or illegally we may reject or cancel any Code and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action we deem appropriate in such instances.
If we refuse a Code submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
Limitation of liability with respect to promotions
We shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any Code or any failure or inability of a customer or household to use a Code for any reason.
Refunds on promotional offers
Refunds for products purchased under a Code will be based on the terms of the promotional price. Your statutory rights are not affected.
The price of any Products or Services is as quoted on the Services from time to time (inclusive of VAT). Prices at checkout will add any applicable delivery charges.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
You can pay for Products using a debit card or credit card. We accept the following cards: Visa, Visa Debit, Visa Electron, MasterCard, or Maestro.
We reserve the right to change the fees for any Products or Services at any time. Where possible we agree to notify you at least 30 days in advance of any change in Premium Membership or other subscription fees. Please note that you can cancel at any time.
Payment for the Products and all applicable delivery charges is required in advance. We take payments by continuous payment authority. You will be charged as follows:
- Payments for products or services delivered under regular subscriptions will be charged 5 business days prior to the dispatch of the products.
- Payments for one-off or ad-hoc products or services will be charged 3 business days prior to the dispatch of the products.
You undertake that all details you provide to us for the purpose of purchasing Products or Services which may be offered by us on our Services will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or Services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, non-delivery or charges imposed by your card issuer.
Upon registering, reactivating your account, restarting regular deliveries, or changing card details, a £1 payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect these against your account balance.
Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. In the event that the payment card has expired we will be unable to take payment and fulfill your order.
We will make any refunds due to you as soon as possible.If you are exercising your right to change your mind then:
If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Refunds will only be made on the credit card or debit card account used by you to pay.
Our Responsibility For Loss Or Damage Suffered By You
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; for fraud or fraudulent misrepresentation for breach of your legal rights in relation to the products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and; and for defective Products under the Consumer Protection Act 1987.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the Products and/or Services for domestic and private use. If you use the Products and/or Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Please back-up content and data used with the Website. We recommend that you back up any content and data used in connection with the Services, to protect yourself in case of problems with the Services.
Check that the Services suitable for you. The Products and Services, have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements.
We are not responsible for events outside of our control. We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
Exercise and Advice Provided.
You should not exercise beyond your own abilities. If you know or are concerned that you have a medical condition which might interfere with you exercising safely, before you use our app you should get advice seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or wellness condition and follow that advice.
You understand that the health, fitness and wellness content within the app is not intended as a diagnosis, prescription, treatment or cure for any disease and is not intended as a substitute for regular medical care. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Services without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional.
Exercise carries its own risks. You should not carry out any activities which you have been told are not suitable for you.
You should stop exercising immediately if you feel ill, unwell or experience pain or discomfort and seek medical advice.
If you have a disability, you must follow any reasonable instructions to allow you to exercise safely.
We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other products or service by any person following the information offered or provided within or through the Services. Reliance on any information appearing on a Services is strictly at your own risk. Such content is not intended to, and does not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes.
The Services may contain the opinions and views of other users. Given the interactive nature of the Services, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
We are not responsible for websites we link to.
We have no control over and assume no responsibility for the content of websites linked to from our Services. Any such links are provided for your information only and should not be interpreted as endorsement by us of those linked websites and we will not be liable for any loss or damage that may arise from your use of them.
We make no promise that materials on the Services are appropriate or available for use in locations outside the United Kingdom, and accessing the Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Services or upload or authorise the upload of data to this Services from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Our failure to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability and we reserve our rights in respect of these Terms and Conditions at all times.
A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
No waiver. If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
These Terms and Conditions and any documents expressly referred to represent the entire agreement between us in relation to the subject matter thereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Accounts with us are not transferable and therefore cannot be sold or traded.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. and any disputes will be decided only by the English courts.
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to our Customer Services team at: firstname.lastname@example.org or write to us at: Customer Services, Amplify, 34a Watling Street, Radlett, Herts, WD7 7NN.
Version: 1.0320 - Last Updated March 2020
The Amplify mobile application, related websites, www.amplifylife.com, www.amplifypro.com, and services (collectively, the "Services") are operated by Amplify Limited a company registered in England and Wales (company number 9495037) with its registered office at 34a Watling Street, Radlett, Herts, WD7 7NN. References to "we", "us", or "our" are references to Amplify Limited.
This Privacy Notice applies to the personal information we collect through our Services and how we may use it. Some of this information will enable us to identify you and is known as personal data (whether sensitive personal data or otherwise) ("Personal Data"). As required by law, we will take particular care when dealing with your Personal Data. This is part our commitment to protecting and respecting your privacy.
The terms "you", "your" and "yours" when used in this Privacy Notice refers to any visitor to or user of this Site.
Any personal information you supply to us via the Services (and by other means) will be treated in accordance with applicable data protection. Where you provide us with personal information relating to others via the Services, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it in the ways described in this Privacy Notice.
By proceeding with access to the Site you are deemed to have accepted the Terms and Conditions (including the terms of this Privacy Notice). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree with the Terms and Conditions as they apply to the Site, then please refrain from accessing or using the Site.
For the purposes of UK data protection law, the data controller is Amplify Limited of 34a Watling Street, Radlett, Herts, WD7 7NN.
Please read the following carefully to understand our views and practices regarding your Personal Data and how we will treat it.
Changes to this Privacy Notice
We reserve the right, from time to time, with or without notice to you, to change our Privacy Notice at our sole discretion. Our Privacy Notice is applicable to your access to and use of the Services will be the version that is current and accessible at each date you access the Services. If we make changes, we will notify you by revising the date at the bottom of the Privacy Notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Your use of the Services after changes are made means that you agree to be bound by such changes. If you do not wish to accept the new Privacy Notice you should not continue to use the Services.
What information do we collect about you?
We may collect and store the following information:
Information you give us.
We require you to register to use our Services. When you do, we'll ask for personal information, like your name, age, contact details, sports and lifestyle choices or credit card details to store with your account.
Information we get from your use of our Services.
We collect information about the services that you use and how you use them, like when you subscribe to one of our Services, watch a training video or view and interact with our ads and content.
Information we receive from other sources.
We also collect information from third party services and devices, such as apps and devices which you have requested we access as part of providing our Services to you. This information is collected by the third party provider and is provided to us under their privacy policies. You can generally control the information that we receive from these sources using the privacy settings in your third party account settings.
Information we get generate from our Services.
We store information that we generate from our analysis of the data you and other users of our Services have provided and in connection with your use of our Services, such as training plans provided, products you have bought or services you have subscribed for.
Purposes For Which We Process Personal Data
We require this information to understand your needs and provide you with the Services and for the reasons given in more detail below. We will only process your Personal Data, in accordance with applicable law, for the following purposes:
creating and maintaining your account, if you download our mobile application and become our registered customer;
provision of the Services, for example, we may provide suggestions based on your previous searches to enable you to identify suitable services or events you may be interested in quicker or customise the Services according to your interests. This may also include, where legally permitted, processing data related to your location;
obtaining payment from you, if you purchase any of our goods and/or services;
handling and fulfilling your orders, if you request goods or services from us. This may also include processing of information that we receive from third parties, for example, address data to verify your correct address;
enabling our suppliers and service providers to carry out certain functions on our behalf, including payment processing, verification, technical, logistical or other functions, as may be required, in order to fulfil your orders;
sending you personalised marketing communications, where you have agreed that we may do so, in order to keep you informed of our and our selected partner's products and services, which we consider may be of interest to you; We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
serving personalised advertising to your devices, delivering ads based on your interests ascertained from your past searches, visits of subpages and purchases on our websites, and other data obtained through the use of "cookies" placed on your devices. Please see the "Cookies" section below;
offering you opportunities to participate in contests, giveaways and other promotions. Any data you submit in connection with these activities will be treated in accordance with this Privacy Notice, unless the rules for these offers note otherwise;
ensuring the security of your account and our business, preventing or detecting fraud or abuses of our app, for example, by requesting verification information in order to reset your account password. Logs and other data are used to troubleshoot the Services; detect and protect against error, fraud or other criminal activity;
resolving any returns, refunds or disputes, if you lawfully exercise your rights or if you wish to dispute any part of our offering;
developing and improving our products and services, for example, by reviewing visits to our website and its various subpages, demand for specific goods and services and User comments . We may use the information to improve our products and services, including analyses of data we have collected or stored. We do so as it is necessary to pursue our legitimate interests of providing and developing innovative and personalised offerings to our users. We also aggregate and de-identify certain information about our users to use for business purposes. From time to time, we may contact you for market research purposes and ask you to participate in surveys that help us understand your use of our products and services. We may contact you by email, phone, fax or mail (according to which preferences you have selected); and
to comply with applicable law, for example, in response to a request from a court or regulatory body, where such request is made in accordance with the law.
Your consent, as the Data Subject, to the processing as specified in this Privacy Notice is the primary legal ground for our processing of your Personal Data. However, there may be circumstances where we may also rely on other valid legal grounds for the processing of your Personal Data, such as:
your request for content, goods or services necessitating steps including processing of your Personal Data to be taken prior to entering into contract with you and any processing that is necessary for the performance of such contract. This will include any profiling activities that are necessary for the provision of Services under a contract with us; and
legitimate interests pursued by us as a business, except where such interests are overridden by your interests and fundamental rights. We will rely on this legal ground in relation to the processing set out in sections "ensuring the security of your account and our business, preventing or detecting fraud or abuses of our website" and "I" above, in which we have a legitimate interest; and
compliance with a legal obligation to which we are subject, such as, for example, the processing for the purposes of ensuring the security of your account and our business, preventing or detecting fraud or abuses of our app as set out above.