4D Life Limited
Programme Terms and Conditions
Please read these Terms and Conditions carefully. All contracts entered into for the 4D Life Programme shall be governed by these Terms and Conditions.
In these Terms and Conditions, words and phrases with special meanings are indicated by initial capital letters. Details of those words and phrases are set out in Section 2 of the main body of these Terms and Conditions.
1.1. These Terms and Conditions shall govern the sale and purchase of the 4D Life Programme through our website. The 4D Life Programme consists of 48 videos which you will be able to view online and will be accompanied by Supporting Materials which you will be able to access during your subscription period.
1.2. The 4D Life Programme is for UK and EEA residents only, and is governed under English law.
1.3. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1. In these Terms and Conditions, except to the extent expressly provided otherwise:
“4D Life Programme” is the programme described in Section 5.2;
“Business Day” means any weekday other than a bank or public holiday in England;
“Business Hours” means the hours of 09:00 to 17:00 GMT/BST on a Business Day;
“Contract” means the contract covering the 4D Life Programme made under these Terms and Conditions between us and You;
“Effective Date” means the date when the Contract comes into existence as set out in Section 3.4;
(a) the Member Fee; and
(b) such other amounts as may be agreed in writing by the parties from time to time;
“Member Fee” means the fee in respect of the subscription to the 4D Life Programme;
“Membership Term” means the term of the membership, commencing in accordance with Section 4.1 and ending in accordance with Section 4.2;
“Online Registration” means online member registration submitted by You to us via Our Website as part of the registration process;
“Our Website” means our website found at www.4dlife.org;
“Supporting Materials” means those textual, graphical, audio and audio-visual works and materials that We supply or make available to You as part of the 4D Life Programme including the Guidance Notes and access to the “Exercise Library”, “Recipe Library” and “Research Library” found in the members section;
“Terms and Conditions” means these terms and conditions, including any amendments to these terms and conditions from time to time;
“Third Party Services” means any software or services provided by any third party that are to be used by us and You in the course of the provision and receipt of the 4D Life Programme;
“We” means 4D Life Ltd, a company incorporated in England and Wales (registration number 12313488) having its registered office at 20 Mortlake Business Centre, Mortlake High Street, London, England, SW14 8JN and “us” and “our” should be construed accordingly; and
“You” means the person or entity identified as such in the Online Registration and “your” should be construed accordingly.
3. Registration process
3.1. The advertising of the 4D Life Programme on Our Website or elsewhere constitutes an “invitation to treat” rather than a contractual offer.
3.2. To complete the member registration process for the 4D Life Programme You shall follow the guidance on Our Website. Your Online Registration shall constitute an offer by You to purchase the 4D Life Programme in accordance with these Terms and Conditions. You are responsible for ensuring that the Online Registration submitted by You is complete and accurate.
3.3. You will have the opportunity to identify and correct input errors prior to submitting your Online Registration.
3.4. On submitting your Online Registration, a confirmation of your order to purchase the 4D Life Programme will be displayed on a confirmation page at which point your Online Registration shall be deemed to have been accepted and the Contract shall come into existence.
3.5. These Terms and Conditions apply to the Contract to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3.6. Any drawings, descriptive matter or advertising produced by us and any descriptions or illustrations contained in our promotional material are produced for the sole purpose of giving an approximate idea of the 4D Life Programme referred to in them. They shall not form part of the Contract nor have any contractual force.
4. Membership Term
4.1. The Contract shall come into force on the date when we issue an online confirmation as described in Section 3.4 above.
4.2. The Contract shall continue for as long as the Member Fee payment is made (every 4 weeks) from the Effective Date, subject to cancellation in accordance with Section 14 or any other provision of these Terms and Conditions.
5. 4D Life Programme
5.1. We shall provide to You the 4D Life Programme in accordance with these Terms and Conditions.
5.2. The 4D Life Programme shall consist of:
5.2.1. the programme of 48 videos tailored to the medical condition specified in the Online Registration covering Movement, Nutrition, Function and Lifestyle that We supply or make available to You for viewing online (“Programme Videos”); and
5.2.2. the Supporting Materials,
as further described on Our Website and such other services or content as provided by us from time to time under these Terms and Conditions.
5.3. We shall provide the 4D Life Programme in accordance with the standards of skill and care reasonably expected from a leading service provider in our industry.
5.4. We shall make available the 4D Life Programme to You as specified in the Online Registration; and We may supply or make available to You additional material at any time in Our sole discretion.
5.5. We may supply or make available the 4D Life Programme by means of Third Party Services, or by such other means as We may determine acting reasonably.
5.6. We shall use reasonable endeavours to supply or make available the 4D Life Programme in accordance with the process and any timetable set out on Our Website.
5.7. We hereby grant to You a non-exclusive licence to use the 4D Life Programme during the Membership Term for your personal purposes only and in accordance with any applicable Third Party Services terms and conditions.
5.8. You shall use reasonable endeavours to ensure that no unauthorised person may gain access to the 4D Life Programme by using any of your access credentials.
5.9. You must notify us in writing immediately if you become aware of any unauthorised use of Your account.
5.10. Except to the extent expressly permitted in this Contract or required by law on a non-excludable basis, the licence granted by Us to You under Clause 5.7 is subject to the following prohibitions:
5.10.1. You must not sub-license Your right to access and use the 4D Life Programme; and
5.10.2. You must not copy or download the 48 Programme Videos supplied as the part of the 4D Life Programme as specified in 5.2.1;
5.10.3. You must not permit any unauthorised person or application to access, copy or use any element of the 4D Life Programme, except where such access is necessary in connection with Your use of the 4D Life Programme, including consulting with Your healthcare provider with regards to the suitability of the 4D Life Programme or receiving support in implementing the 4D Life Programme.
5.11. You acknowledge that the availability of the 4D Life Programme is dependent upon Third Party Services, and that We have no direct control over the availability of the 4D Life Programme; accordingly, We cannot guarantee 100% availability.
6. Supporting Materials
6.1. Subject to your payment of the applicable Member Fees and your compliance with the other provisions of these Terms and Conditions, We grant to You a non-exclusive and non-transferable licence from the date of supply or making available of Supporting Materials to:
6.1.1. download a copy of each of the Supporting Materials;
6.1.2. store and view a copy of each of the Supporting Materials on a desktop computer, notebook computer or smartphone; and
6.1.3. print a copy of each of the Supporting Materials,
6.1.4. solely for your personal use.
6.2. You must not:
6.2.1. publish, republish, sell, license, sub-license, rent, transfer, broadcast, distribute or redistribute the Supporting Materials or any part of the Supporting Materials;
6.2.2. use the Supporting Materials or any part of the Supporting Materials in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
6.2.3. use the Supporting Materials or any part of the Supporting Materials to compete with us, whether directly or indirectly; or
6.2.4. use the Supporting Materials or any part of the Supporting Materials for a commercial purpose.
6.3. You must retain, and must not delete, obscure or remove, any and all copyright notices and other proprietary notices in the Supporting Materials.
6.4. You acknowledge that the Supporting Materials may be protected by digital rights management technology and that We may use that technology to enforce the provisions of these Terms and Conditions.
6.5. We warrant to You that the Supporting Materials, when used by You in accordance with these Terms and Conditions, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
6.6. The licence with regard to the Supporting Materials set out in this Section 6 shall continue indefinitely; providing however that if You commit any breach of the licence terms set out in this Section 6, We may by written notice to You terminate the licence, with immediate effect, with respect to any or all of the Supporting Materials.
6.7. Upon the termination of the licence under this Section 6, You must promptly:
6.7.1. irreversibly delete any digital copies of the Supporting Materials in your possession or control (along with any copies created from such copies); and
6.7.2. permanently destroy any paper or other physical copies of the Supporting Materials in your possession or control (along with any copies created from such copies).
7. Client obligations
7.1. You warrant to us that all the information supplied by You to us in relation to the Contract and the 4D Life Programme (including any answers to the suitability questionnaire and in your Online Registration) is true, accurate, current, complete and non-misleading.
7.2. You must not use the 4D Life Programme:
7.2.1. in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
7.2.2. in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
8.1. You shall pay the Fees to us in accordance with these Terms and Conditions.
8.2. The Member Fee for the 4D Life Programme shall be as specified in the Online Registration.
8.3. The Member Fee is not refundable except as provided under Section 10.5.
8.4. All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
9.1. The Member Fee will be payable in full upon submission by You of the Online Registration, and thereafter every 4 weeks, until you decide to cancel the Subscription.
9.2. We will issue an online confirmation of receipt of payment to You following the payment by You of the Member Fee.
9.3. You must pay the Fees by debit card or credit card.
10. Distance contracts: cancellation right
10.1. This Section 10 applies if and only if You enter into the Contract with us as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2. You may withdraw an offer to enter into the Contract with us at any time; and You may cancel the Contract entered into with us at any time within the period:
10.2.1. beginning when the Contract was entered into; and
10.2.2. ending at the end of 14 days after the day on which the Contract was entered into,
subject to Section 10.3. You do not have to give any reason for the withdrawal or cancellation.
10.3. You agree that we may begin to provide the 4D Life Programme before the expiry of the period referred to in Section 10.2, and You acknowledge that, if We do begin the provision of the 4D Life Programme before the end of that period, then:
10.3.1. if the services are fully performed, You will lose the right to cancel referred to in Section 10.2; and
10.3.2. if the services are partially performed at the time of cancellation, You must pay to us an amount proportional to the services supplied or We may deduct such amount from any refund due to You in accordance with this Section 10.
10.4. In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Section 10, You must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, You may inform us using the cancellation form that We will make available to You on request. To meet the cancellation deadline, it is sufficient for You to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5. If you withdraw an offer to enter into the Contract, or cancel the Contract, on the basis described in this Section 10, You will receive a full refund of any amount You paid to us in respect of the Contract, except as specified in this Section 10.
10.6. We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
10.7. We will process the refund due to You as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which We are informed of the cancellation.
11.1. We do not guarantee that the receipt of the 4D Life Programme will lead to any particular result or that the 4D Life Programme will be suitable for You. You shall be responsible for determining whether the 4D Life Programme or any of part of it provided by us is suitable for You (including any exercise programmes and health and diet recommendations) and You should consult a medical professional before engaging in any 4D Life Programme if You have any concerns. Any suitability questionnaires or other materials provided by us with regard to the suitability to the 4D Life Programme are provided only to assist You with the process of deciding if the 4D Life Programme is suitable for You and should not be treated as the only tool in making such determination or a substitute for medical advice and/or using your own sound judgement.
11.2. The 4D Life Programme supplied by us to You is for general information only and is not a substitute for medical or other professional advice from your doctor, physiotherapist, dietitian, nutritionist or other professional healthcare provider. If You have any specific questions about any medical matter (including any matters with regard to diet, suitability of any plans, meals, exercise programmes) You should consult the relevant medical professional.
11.3. Where You experience any pain while participating in any physical exercise as part of the 4D Life Programme, You shall immediately cease the exercise and consult a doctor or physiotherapist.
11.4. The 4D Life Programme is not intended to treat, diagnose, cure, or prevent any disease, disorder, or health condition.
11.5. You acknowledge that even the gentlest forms of exercise have their risks and may lead to complications. We assume no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information or exercise published on this site.
11.6. The dishes and recipes provided in the nutrition dimension and recipe library are offered as suggestions only. If you have specific health conditions, including, but not limited to, diabetes, heart disease, high cholesterol, or allergies, please consult your doctor prior to implementing the 4D Life nutrition guidelines.
12.1. We warrant to You that:
12.1.1. We have the legal right and authority to enter into the Contract and to perform our obligations under these Terms and Conditions;
12.1.2. We will comply with all applicable legal and regulatory requirements applying to the exercise of our rights and the fulfilment of our obligations under these Terms and Conditions; and
12.1.3. We have or have access to all necessary know-how, expertise and experience to perform our obligations under these Terms and Conditions.
12.2. All of our warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.
13. Limitations and exclusions of liability
13.1. Nothing in these Terms and Conditions will:
13.1.1. limit or exclude any liability for death or personal injury resulting from negligence;
13.1.2. limit or exclude any liability for fraud or fraudulent misrepresentation;
13.1.3. limit any liabilities in any way that is not permitted under applicable law; or
13.1.4. exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
13.2. The limitations and exclusions of liability set out in this Section 13 and elsewhere in these Terms and Conditions:
13.2.1. are subject to Section 13.1; and
13.2.2. govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
13.3. We will not be liable to You in respect of any losses arising out of any event or events beyond our reasonable control.
13.4. We will not be liable to You in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.5. We will not be liable to You in respect of any loss or corruption of any data, database or software.
13.6. We will not be liable to You in respect of any special, indirect or consequential loss or damage.
13.7. Our liability to You under the Contract in respect of any event or series of related events shall not exceed the total amount paid and payable by You to us under the Contract in the 12 month period preceding the commencement of the event or events.
14.1. We may cancel the Contract immediately, if:
14.1.1. You fail to pay, on time and in full, any amount due to us under these Terms and Conditions; or
14.1.2. You commit any material breach of these Terms and Conditions.
14.2. You may cancel the Contract immediately, by giving us written notice of termination, if We commit any material breach of these Terms and Conditions.
14.3. We may cancel the Contract by written notice to You if We are prevented from fulfilling the Contract by any event beyond our reasonable control.
15. Effects of termination
15.1. Upon the cancellation of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Sections 1, 2, 6.1.2, 6.1.3, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 9.1, 11, 13, 15, 17.
15.2. Except to the extent that these Terms and Conditions expressly provide otherwise, the cancellation of the Contract shall not affect the accrued rights of either party.
16.1. Subject to any express restrictions elsewhere in these Terms and Conditions, We may subcontract any of its obligations under the Contract.
17.1. No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
17.2. If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3. We may revise these Terms and Conditions from time to time by publishing a new version on Our Website. A revision of these Terms and Conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
17.4. You hereby agree that We may assign, transfer, sub-contract or otherwise deal with our contractual rights and obligations under the Contract, providing that, if You are a consumer, such action does not serve to reduce the guarantees benefiting You under the Contract. Save to the extent expressly permitted by applicable law, You must not without our prior written consent assign, transfer or otherwise deal with any of your contractual rights or obligations under the Contract.
17.5. The Contract is made for our benefit and your benefit, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.
17.6. The main body of these Terms and Conditions and the Online Registration Form shall constitute the entire agreement between You and us in relation to the subject matter of the Contract, and shall supersede all previous agreements, arrangements and understandings between You and us in respect of that subject matter.
17.7. The Contract shall be governed by and construed in accordance with English law.
17.8. The courts of England shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
18. Our details
18.1. This website is owned and operated by 4D Life Limited.
18.2. We are registered in England and Wales under registration number 12313488, and our registered office is at The Mortlake Business Centre, 20 Mortlake High Street, London, England, SW14 8JN.
18.3. Our principal place of business is at:
4D Life Ltd, The Mortlake Business Centre, 20 Mortlake High Street, London SW14 8JN
18.4. You can contact us:
18.4.1. by post, to the postal address given above;
18.4.2. by telephone, on the contact number published on Our Website; or
18.4.3. by email, using the email address published on Our Website.