Background:

The Company trains instructors and Groups to deliver under licence, their physical activity programmes. The Company has created a Website and Booking portal and provides a service to Instructors and Groups, whereby they can create and promote practical and virtual activities they offer. The Company also provides a service system to the Customer, where they can search for activities & classes, create an account, book activities, buy products and manage aspects of their account. The Customer is sent reminders, updates, offers, discounts, news, and communication preferences
When the Customer registers or books their first activity, they are allocated to a Group, typically near to the Customer geographically or alternatively to WALX HQ if they wish to access Virtual Classes or National events.

The process is similar to Mobile Phone Contract. Unlike a Mobile Phone, The Company creates Virtual Credit rather than minutes that can be redeemed to use the service. A Customers can choose a Booking Package within their account that provides a choice of Booking Permissions, level of costs for participating in individual activities and additional services. The Calendar in their Account will display the activities of the Group they are allocated to or alternatively the Customer can use the National search to find activities further afield.
The Company collects Cash Deposits from The Customer and transfers to a bank account provided by a trusted Bank. The Company distributes the collective funds to the relevant parties delivering the Activities, Services, Support in connection to the provision of the service, as and when deemed appropriate by the Company. Typically in arrears but can be in advance where significant costs are incurred prior to the event or activity
The web portals are housed in secure servers and no financial data is stored by The Company. Any financial data provided by The Customer is via a direct secure link provided by the appropriate financial institution.

The Company IS NOT and does not purport to be a Bank or provide financial services in any way. There are many parties and costs incurred in the process and execution of delivery of a service and the collective funds from the Cash Deposits are merely a safeguard that all Service Providers are remunerated and funds distributed correctly. Should the service not be provided as expected, the funds also provide a further element of protection beyond that provided by Credit Card and Direct Debit Scheme.

Definitions:

1. “The Company” means a collective name for Exercise Anywhere Ltd, Sante Solutions Ltd, WALX Ltd and/or Nordic Walking UK Ltd.
2. “The Customer” [referred to as You, Your] means the person that registers the on-line Booking system provided by The Company to book activities, classes and access other services with Groups or The Company across the UK and abroad.
3. “Secure Account” means a bank account determined by The Company to hold Cash Deposits and from which, distribute funds to parties that provide services & products to The Customer.
4. “Pay & Play” means a Customer who books activities and classes per individual session using Virtual credit.
5. “Group” means the persons, clubs, groups, instructors or organisations that display their activities and classes on the Booking System.
6. “WALX Membership” means the annual membership payable to The Company annually to gain access to discounts and benefits. A membership Digital card is available for download in the Customer Profile section or integrated with the WALX APP.
7. “Direct Debit” means the monthly fee charged to The Customer to gain access/permission to book walks and classes with their local Group or Instructor. See specific Terms & Conditions in reference to Direct Debit
8. “Prepaid Discount Package” means a set amount of Virtual Credit purchased in advance that has a greater value when redeemed with the associated Group or Instructor. It offers a discount on the activities to those on this package, when they book the activity. Save for any doubt, the local Group to which the Customer is affiliated may offer a 15% discount for example i.e should the activity cost £6 Virtual credit, the system would redeem 15% less of Virtual credit, when booking the activity. The Virtual credit can be used with a different Club but the discount is not applicable.
9. “Cash Deposits” means the financial payment made by Customers when purchasing a Booking Package. The Cash Deposits being held on behalf of the Service Provider in a secure bank account. The distribution of those funds is at the total discretion of The Company. Typically, the distribution of the funds are determined by a monthly report of how the redemption of the Virtual Credit was redeemed within the Booking System by The Customer. The Terms of Refunds are described in more detail within these Terms & Conditions
10. “Virtual Credit” means redeemable credit created within the Booking system. The Virtual Credit can be redeemed and used as a currency to book activities, walks, classes and at The Company’s discretion for the purchase of products. Virtual credit is created when Cash Deposits are made by the Customer. Save for any doubt £1 Sterling deposit = £1 Virtual credit. The Virtual credit is redeemable for up to 2 years. To use the expired Virtual Credit for booking activities beyond 2 years is at the total discretion of The Company.
Virtual credit or booking permissions may also be created for The Customer for reasons other than. Cash Deposits; those may include but not exhaustive list, such as a reward for exercise adherence, conversion of Smilage Reward™ points, referral, Birthdays and other activities or promotions.
11. “Virtual Balance” means the net balance of Virtual credit within The Customer’s account that can be redeemed against activity bookings and services within the Booking System.
12. “Booking System” means an online platform owned and managed by The Company, where The Customer can create and manage their account. The Customer has a choice of Booking Packages as a their preferred method of booking activities. The Customer has an area where they can update their PARQ questionnaire, email address, next of kin, change their Payment Package, communication preferences, access their Membership Card & Benefits and communicate with their local Group/Instructor.
13. “Booking Packages” means the method and permission by which The Customer wishes to book activities and classes within the Booking System. Each Activity or Class is individually priced in Virtual Credit, dependant on the type, duration and terrain of experience.Typically, the type of Booking Packages are:
Pay and Play, Pre Paid Discount Package, Direct Debit Package or “Stride for Success” package that is typically paid for by a third party e.g employer, Charity, etc.
15. “Collection Costs” means the costs incurred in the process of collecting Cash Deposits. These include but are not exhaustive, Card Collection fees, commission fees, Direct Debit collection charges, Bank charges, administration of bank accounts administration costs incurred by The Company
16. “Service Provider” means the persons, parties, businesses and third parties that provide the service, activity or event and any associated costs, including but not exhaustive, IT, Booking System, Bank charges, Credit Card commissions, administration costs, marketing cost, event costs, food, beverages, etc
17. “Refunds” means the collective term for the return of Virtual Credit redeemed, Credit Card Payments and Direct Debit payments.
18. “Administration Fees” shall mean charges that will be deducted from a refund to cover the costs of bank charges, commission fees and costs incurred to perform the service. Those costs will vary according to the type of refund but save for any doubt, the minimum costs is 5% of value to cover card commission charges plus the cost of administering the refund

Cash Deposits are collected using third party Card Collection companies, such as Stripe,
Direct Debits collected by a third party Harlands/Xplor on behalf of The Company and the local Group/instructor and direct Bank Transfers/BACS

General Terms:

The Company takes all reasonable policies regarding the protection of data, virus protection, etc but it also use reputable third parties, such as Banks, that it relies upon to protect The Customer. The Company does not hold any Credit/Debit card information. The Customer understands that The Company cannot be help responsible or liable, in anyway for actions of any third party, that is outside its control.

Risk:

The Company will take all reasonable precautions for the protection of the Cash Deposits and will use it’s best endeavours to only use Trusted banks for Cash Deposits. Cash Deposits are not covered by the Financial Services Compensation Scheme (FSCS) and your capital is at risk and Refunds are not guaranteed. By depositing monies, the Customer accepts the risks of the security of their Cash Deposits and that the Company and/or it’s Directors or Shareholders are not liable for any losses of their Cash Deposits, should those monies be lost or not be refundable due to unforeseen occurrences such examples being (but not exhaustive) War, Civil disruption, Criminal or unlawful act, Fraudulent activity, financial failure of the Bank, the Company or Service Provider, Bank security, action taken by a Bank without authority of the Company, etc.

Agreement:

This agreement commences once you have indicated your acceptance in the Declaration section of this web sign up process. If you did not sign up you have 14 full days after signup to cancel this agreement for any reason. To exercise this right you must inform The Company of this by post, email or telephone using the details above. You can use the cancellation form at the end of this document but it is not obligatory. If you exercise this right to cancel we will reimburse you all joining and membership fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel then we will reduce your membership fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.

Your agreement starts as of the date of completion of the sign up.

You will be entitled to all the rights and privileges exercisable for the Type of Payment Package [Booking Packages] chosen

Fees & Charges:

You will be entitled to all the rights and privileges exercisable for the Type of Booking Packages

If you have chosen a payment package that includes a Joining Fee, the Joining Fee / Initial Payment is due from you to us, is payable immediately and is not refundable other than due to cancellation under the Principal Terms above or in the event of breach or negligence by us.

Pay as you Go Package – Booking for individual activities:
If a Customer wishes to book an individual activity, the Customer must make a Cash Deposit, representative to the value of the activity, described in Virtual Credit.

The Customer can redeem the Virtual credit as a method to book activities and classes within the Booking System. Save for any doubt £1 spent = £1 Virtual Credit.

The Cash Deposits are NOT used for the payment of the Activities displayed on the Booking Portal. The Booking System automatically creates Virtual Credit representing a value of the monies deposited in £Sterling and processes the booking, using the Virtual credit.

Should The Customer wish to store the credit card details for further purchases of credit, there is a function to save the card details with the Customer’s account. The financial information is stored with the Card Collection company, not the The Company.

Pre Paid Discount Packages and Top Up Virtual credit:
The purpose of having Prepaid or Top Up credit, allows The Customer to load Virtual Credit on their account to be used to book activities rather having to purchase Virtual credit for each booking.

Pre Paid Discount Package. The Package entitles The Customer to an agreed level of Virtual Credit that offers an agreed discount on each booking with the local Group/Instructor.

Top Up Credit allows the Customer to add Virtual Credit to there account.

Expiry of Virtual Credit:

All Virtual Credit has an expiry date of 12 months from the date of the Cash Deposit. Save for any doubt; Virtual Credit over 12 months old, cannot be redeemed for the purposes of booking activities.

Refunds:

If activities are cancelled, subject to the booking terms of the activity, the Virtual Credit redeemed will be refunded back to the Virtual Credit balance.

Refund to payment card within 30 days of Cash Deposit: Subject to written request and that The Customer is not in breach of the Cancellation policy of any activities, funds within the secure bank account can be refunded back to the payment card used for the original payment, equal to the balance of Virtual Credit without any fees to the Customer. Cleared funds normally take circa 7-10 working days.

Refund to payment between 30 days and 6 months of Cash Deposit: Subject to written request and that The Customer is not in breach of the Cancellation policy of any activities, funds within the secure bank account can be refunded back to payment card used originally only, equal to the balance of Virtual Credit subject to Administration Fees being deducted. Cleared funds normally take circa 7-10 working days.

Refunds for payment over 6 months from date of original Cash Deposit are totally at the discretion of the Company.

The Company will use its best endeavours to investigate and initiate a refund should the Customer have a genuine grievance in relation to the service offered (or lack of) by the Service Provider. The Company will not unreasonably withhold a refund to The Customer up to 12 months after the date of the original Cash Deposit and subject to the terms described in this document.

Administration Fees will be deducted from any refund.

Booking Cancellations:

The Bookings and cancellations of activities are managed within the Booking system. Bookings for each activity is determined by the Booking Package permission. In The Customer’s account there is a record of recent bookings and transactions, together with a figure showing the Virtual Balance remaining. Should any activity be cancelled (by the Group or The Customer) the Virtual credit is transferred back to the Customer’s Virtual Balance. The refund does not go back to the Customer’s credit/debit card or Secure Bank. The terms of cancellation i.e agreed time before the Activity that a Customer can cancel is determined by the Group and is the responsibility of the Group to communicate their cancellation policies. Should The Customer cancel an activity outside the Group’s terms of cancellation, The Company reserves the right to remove the Virtual Credit to the redemption value of that activity from The Customer’s Virtual Balance.

Monthly Direct Debit Package – Principle Terms:

Monthly Direct Debit payment package shall mean that you pay a monthly direct debit in advance to be able to book associated activities without further charge. Save for any doubt, each local Group or Instructor has the discretion as to which activities are inclusive of this package and some activities may incur additional charges if appropriate e.g (but not exhaustive) should there be a third party charge such as parking or food, or; specific programmes such as weight loss. If you have any doubt, please contact your local Delivery Partner to establish which activities they propose to include within this package.

If you pay by a monthly fee by Direct Debit, the Direct Debit Payment Amount is due from you to us. You are obligated to make the Minimum No. of Direct Debit Payments stated with the first one being paid on the 1st Direct Debit Payment Date and then every month thereafter. You are obligated to make every Direct Debit Payment regardless of non attendance, except where the cancellation terms below (or under the Principal Terms) are met.

If you fail to pay any monies due under this agreement or if any Direct Debit is returned unpaid or any cheque is returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay us on demand an administration fee of £25 (which we require to cover our costs of seeking to pursue such payment from you).

You agree to advise us promptly of any change to the your Details provided:
If you fail to pay any amount due under this agreement for a period of more than thirty days, then we may pass the debt to a third party company for collection. The reasonable and direct costs incurred in employing the third party company will be borne by you including costs in tracing you if you have changed your address without telling us. AUTOMATIC RENEWAL OF MONTHLY DIRECT DEBIT PAYMENT PACKAGE.

Once you have completed the Minimum No. Of Direct Debit Payments we will automatically continue collecting the Direct Debit Payment Amount every month. Your membership will be extended by one month for each payment (“Renewal Period”). This renewal Direct Debit payment amount may only be amended if we advise you in writing giving not less than 30 days notice. Please note if your membership included the benefit of a free period then we will stop making collections during that free period and recommence making collections on the renewal date.
You may prevent the Automatic Renewal at any time by giving notice to our Helpline (you should give us not less than 30 days notice). When the final minimum period payment has been taken you should also cancel your Direct Debit mandate directly with your bank.
Once you have completed the Minimum Number of Direct Debit payments you can cancel your Automatic Renewal payments by contacting our Helpline (you should give us not less than 30 days notice). After the final payment has been taken you should also cancel your Direct Debit mandate directly with your bank.

Cancellation of Direct Debit:

Relocation: This agreement can be cancelled in the event that your new permanent address is more than 15 miles away upon receipt of a copy utility bill or bank statement showing the new address.
Long term (over 3 month) illness or injury: This agreement may be cancelled in the event of an illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for 3 months or longer upon appropriate proof being provided.
Redundancy: This agreement can be cancelled upon appropriate proof of redundancy from your employer or other loss of livelihood.
Pregnancy: This agreement can be cancelled if you become pregnant upon the appropriate written proof being given. Please note – ANY Cancellation for the above reasons will not be effected until the appropriate proof is provided and received (in writing or via email) by Exercise Anywhere Ltd
Breach: This agreement can be cancelled if we are in breach of contract including if we do not provide facilities or services you may reasonably expect and we have fallen well below that standard.

Freezing:

Temporary Illness or Injury: This agreement may be frozen in the event of a temporary illness, injury or medical condition which in the written opinion of a doctor or other suitably qualified medical practitioner prohibits exercise for a period of time. Please note – ANY Freeze will not be effected until the appropriate proof is provided and received (in writing or via email) by Harlands or the club. Please note – A freeze period does not affect the Minimum No. of Direct Debit Payments you are due to make and any payments remaining at the time of the freeze will remain due and recommence on a monthly basis once the freeze period has completed.

General Terms:

You agree to comply with the Rules of Membership which are available on request. We may make reasonable changes to these Rules at any time provided we give you reasonable advance notice of the change.
If we take no action or let you off any breach of this agreement or give you extra time to pay or comply, it will not stop us enforcing the terms of this agreement strictly at a future date.
We may assign the benefit of this agreement and our rights thereunder to a third party on notice to you. Your rights under this agreement will not be prejudiced. You may transfer your membership to another person provided that such person pay a Joining Fee signs an agreement with us and accepts the balance of any remaining Minimum No. of Direct Debit Payments.
We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant UK law will apply.
If any part of this agreement is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

We may terminate this agreement with immediate effect on notice to you if you are in breach of the Clubs Rules (i.e. Stealing or other criminal activities). In this event you will not be liable to pay any further Direct Debit Payments, provided such breach is not deemed by us to have occurred primarily in order to qualify you for a refund.

0716-Online Direct Debit Agreement is administered by Harlands Services Ltd “Harlands” – HELPLINE – 01444 449 166 / c.service@harlandsgroup.co.uk / 2nd Floor Rockwood House, 9-17 Perrymount Road, Haywards Heath, RH16 3TW. Registered in England No. 2982925 VAT Registration No. GB 799 7113 70 14 Day Cancellation Form of Direct Debit To: Harlands Services Ltd 2nd Floor Rockwood House 9-17 Perrymount Road Haywards Heath RH16 3TW Tel: 01444 449 166 Email: c.service@harlandsgroup.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] agreement for the supply of the service administered by Harlands Services Ltd. Reference number (Can be found on email confirmation):