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Please read the terms below and tick the box before continuing.

About You
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Exercise Disclaimer and T&C's
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Ensuring your safety
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Billing
I Can Connect Online Exercise Disclaimer

We want you to enjoy your online exercise experience provided by I Can Connect. As we cannot be there to exercise with you, it is important that you take responsibility for your own safety and wellbeing by acknowledging and respecting your own physical abilities and limitations.

If you have any concerns about your physical health, you should seek advice from your doctor or healthcare provider before beginning any of the online classes available from I Can Connect. By using the online exercise classes provided by I Can Connect, you confirm that either (A) each of the following statements is true:

  • no doctor or healthcare provider has ever informed you that you have a heart condition or that you should only do physical activities recommended by a doctor or healthcare provider;
  • in the past month, you have not experienced chest pain at any time when not engaged in physical activity;
  • you have never felt pain in your chest when engaging in physical activity;
  • you have never lost consciousness and have never lost your balance because of dizziness ;
  • you do not have a problem with your joints or bones that could be made worse by changing or increasing your physical activity;
  • you are not currently being prescribed or taking any medication for your blood pressure or a heart condition;
  • no one in your immediate family has a history of high blood pressure or heart problems and you do not have a history of high blood pressure; and
  • you do not know of any other reason you should not exercise; or

(B) your doctor or healthcare provider has been specifically consulted by you and has approved of your use of the exercises provided on our website.

If you are pregnant or breastfeeding you should consult your doctor or healthcare provider before participating in our online classes.

I Can Connect is not a medical organisation or healthcare provider. The information contained within this website is not medical advice. The I Can Connect team is not providing you with medical advice, treatment or diagnosis.

The exercises contained within this website require you to gauge the safety of your movements within your personal physical limitations

The techniques and suggestions presented in this website are not intended to be a substitute for proper medical advice.

I Can Connect assumes no responsibility or liability for death or injuries incurred or suffered while participating in the exercises provided on this website or as a result of our fitness programs, online fitness videos or information shared in our website. We do not exclude liability for injury or death caused by our negligence or where we are not able to do so as a matter of law. Subject to the previous sentence and to the fullest amount permitted by law, I Can Connect or any person or entity involved or connected with I Can Connect shall not be liable for any consequential loss or damage whatsoever and howsoever arising, (whether or not such loss or damage was foreseen, foreseeable, known or otherwise) out of or in connection with our fitness programs, online fitness videos or information shared in our website.

You acknowledge and agree that all tests, sessions, classes and videos are carried out at your election and at your own risk. By using the videos provided on this site, you agree and understand that physical exercise sometimes involves strenuous physical activity and that such activity may carry a risk of injury, and that it is your responsibility to assess your physical and mental capability for such activities.

It is your responsibility to ensure that by participating in the videos on I Can Connect you will not exceed your limits while performing such activity and that you will select an appropriate level of difficulty for your own personal skills and ability and condition.

You hereby expressly and irrevocably waive any claim that you may have at any time for death or injury of any kind against I Can Connect, or any person or entity involved with I Can Connect (other than as a result of our proven negligence) and you release and forever discharge I Can Connect, or any person or entity involved with I Can Connect from any liability whatsoever in relation to such claim.

I Can Connect is a trading style of Valley Leisure Limited, a company limited by guarantee (02188020) and registered charity (800760) in England and Wales ("Valley Leisure"). Any reference to I Can Connect is also a reference to Valley Leisure.

Please check the box to confirm you have read, understand and agree to the exercise disclaimer.

Terms and conditions for the supply of online media and services by I Can Connect

1. Basis of contract

1.1 These Terms set out the basis on which I Can Connect will provide Services and Online Media to you and together with the Disclaimers, our Privacy Policy and our Cookie Policy constitutes the contract ("Contract") between I Can Connect and you for the provision of the Services and Online Media. If you have any questions about these Terms or the Contract please contact us.

1.2 The Terms shall be deemed to be accepted when you either confirm your acceptance of the Terms by clicking the [box] below or make any payment to us in respect of the Subscription Fees.

1.3 You must be at least 18 years old to use the Services.

1.4 Your attention is drawn in particular to clause 7 (our liability to you).

2. Definitions

2.1 "Cancellation Period" means the fourteen day period beginning on the first day of the Initial Period;

2.2 "Connected Sessions" means the interactive sessions where Services are provided which include a video conferencing element;

2.3 "Online Media" means I Can Connect's audio-visual and wellness presentations and resources (including all content and features on the Website) made available by I Can Connect to you (in any form), virtual personal training and coaching and any other Online services which we may provide and/or other websites which we may operate, in each case from time to time;

2.4 "Disclaimers" means the I Can Connect exercise disclaimer on the sign up section of the Website and the disclaimer included at the start of each exercise class;

2.5 "I Can Connect"/"we"/"us" means Valley Leisure Limited, operating under the trading style "I Can Connect", a charity registered in England and Wales with company number 02188010 and registered charity number 800760 with its registered office at Alexandra House, St Johns Street, Salisbury SP1 2SB;

2.6 "Initial Period" means the four calendar month period beginning on the day the first payment is made by you in respect of the Services and this Contract is entered into between us;

2.7 "Platform" means the online user area at platform.icanconnect.co.uk;

2.8 "Services" means personal coach and exercise classes;

2.9 "Subscription Fees" means £15 per calendar month or as varied in accordance with clause 3.9;

2.10 "Terms" means these terms and conditions as may be amended from time to time in accordance with clause 9.2;

2.11 "Website" means www.icanconnect.co.uk and http://platform.icanconnect.co.uk; and

2.12 "writing" includes email and SMS notifications.

Subscriptions

3. Creating an account and payment of fees

3.1 You can register to subscribe for the Online Media and the Services by creating an account on the Website. When you create an account, you expressly agree, subject to clause 5.1, that I Can Connect is authorised to charge you a recurring subscription fee at the then current rate.

3.2 Other than during the Cancellation Period or a designated free trial period, all Subscription Fees are non-refundable and there are no credits or refunds for partially used periods.

3.3 In order to activate your subscription you will need to provide a payment method that we accept, along with other payment information. When you provide this information to us, you represent and warrant to us and to our payment processors and any companies who act as our billing agents that any authorisations given to us in respect of your payment information also applies to such payment processors and billing agents and that you have the legal right to use all payment method(s) that you provide to us. You hereby authorise us to charge the payment method provided each calendar month, in advance, for your subscription. You authorise the issuer of your selected payment method to pay the Subscription Fees and any other charges pursuant to the Contract without requiring a signed receipt, and you agree that these Terms shall be accepted as authorisation to the issuer of the payment method to pay the Subscription Fees and any other charges in accordance with the Contract, without requiring a signed receipt from you. You authorise us to continue to attempt to charge the payment method provided with respect to the Subscription Fees and any other charges pursuant to the Contract, or any portion thereof, until the amounts owed are paid in full. If we request updated payment information from you, you shall provide this without undue delay and also if at any time the information you previously supplied becomes invalid. You acknowledge and agree that neither I Can Connect, nor any I Can Connect agent shall have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of our attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms.

3.4 You shall pay the Subscription Fee monthly in advance. We will notify you if the amount to be charged varies from the amount previously agreed by you (other than due to the imposition of, or change in, applicable tax) and we will provide, notice of the amount to be charged and the date of the change before we take payment from you, unless applicable law requires you to expressly consent to the change in the Subscription Fees. Any agreement you have with your payment provider shall govern your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. If you fail to terminate and/or continue to use your subscription you are confirming that we are authorised to continue to charge you for the Subscription Fees. We may submit those charges for payment and you will be responsible for such charges. Nothing in this clause 3.4 waives our right to seek payment directly from you.

3.5 We reserve the right to instruct our payment processor to correct, or to correct ourselves, any errors or mistakes even if payment has already been received or requested.

3.6 We accept payment using MasterCard or VISA.

3.7 If you believe we have charged you in error, please notify us within 60 days of the billing date by emailing info@icanconnect.co.uk. I Can Connect will not issue refunds or credits after the expiration of this 60-day period, unless we are required to by applicable law.

3.8 If we take any payment in error after you have cancelled your subscription, we will arrange for the payment to be refunded to you within 14 days of us becoming aware of the error.

3.9 Subject to clause 5.4, we may increase our fees at any time on not less than one calendar month's prior written notice to you.

4. Late or missed payments

4.1 We reserve the right to charge interest on any late or unpaid Subscription Fees at a rate of 2% above the base lending rate of the Bank of England from time to time. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

4.2 If you fail to make payments due pursuant to these Terms, we reserve the right to contact a debt collection agency to help us get payment from you. Before we do this we will write to you or telephone you (at the email address or telephone number (as applicable) we have on our records) to ask for payment. If we contact a debt collection agency a fee of £30 will be added to the amount you owe to cover our reasonable administration costs. This fee will be charged each time we contact a debt collection agency, unless the missed payments are your bank's or our third party payment processor's fault. We also reserve the right to take legal action to recover any sums you owe us, including any interest owing.

5. Cancellation and termination

5.1 During the Cancellation Period or designated free trial period, you may cancel your subscription by visiting the 'my billing' section of the Platform. Your access to the Services and Online Media shall cease at the point in time we receive notice of your intention to cancel and any Subscription Fees you have paid to us will be refunded to you within 14 days of the date of cancellation.

5.2 During the Initial Period, from day 15 up to day 121, you may cancel your subscription by visiting the 'my billing' section of the Platform. Your access to the Services and Online Media will expire at the end of the Initial Period. You will be liable for any and all payments due within the Initial Period up to a maximum of £60 but no Subscription Fees shall be due or payable once the Initial Period has expired.

5.3 After the Initial Period has expired, day 122, you may cancel your subscription by visiting the 'my billing' section of the Platform. Once your subscription has been cancelled no Subscription Fees shall be payable. Your access to the Services and the Online Media will expire at the end of the calendar month to which your final payment of the Subscription Fees relates.

5.4 If either:

  • 5.4.1 we have told you about an error in the description or the price of the subscription you have requested and you do not wish to proceed; and/or
  • 5.4.2 we have told you about a proposed change to the Contract which you do not agree to and you let us know within 7 days of the notification of change,

you may cancel your subscription by emailing us at info@icanconnect.co.uk or telephoning us on 0300 373 1066. In such circumstances the Contract and access to the Platform will end immediately and we will refund any payments taken after we receive your notice to cancel.

5.5 We may suspend or cancel your subscription if:

  • 5.5.1 you breach these Terms or any other I Can Connect rules or agreements in effect from time to time;
  • 5.5.2 your conduct is abusive, threatening or harassing to I Can Connect or its employees, agents, or other users of the Services;
  • 5.5.3 any payment in respect of Subscription Fees is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);
  • 5.5.4 you breach any applicable law (including, without limitation, copyright and intellectual property laws);
  • 5.5.5 you provide false or inaccurate information; or
  • 5.5.6 you do or cause to be done anything that may in our reasonable opinion damage the reputation of I Can Connect or its employees or agents.

5.6 If we suspend or cancel your subscription, any licence we have granted to you in respect of the Online Media is also suspended or cancelled, as applicable. If your subscription is terminated either by you or us, we reserve the right to delete all data, files and/or other information stored in or for your account without further notice to you. Subscription Fees shall be payable up to and including the date of cancellation.

6. Privacy and data protection

6.1 Our Privacy Policy can be viewed here. This sets out:

  • 6.1.1 the information we may collect about you;
  • 6.1.2 the purposes we may use that information for; and
  • 6.1.3 who we may share that information with.

6.2 Our Cookie Policy can be viewed here.

6.3 By using the Online Media and accessing the Services, you are confirming that you have read and understood our Privacy Policy and our Cookie Policy.

7. Our liability to you

7.1 I Can Connect is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either both we and you knew it might happen or if it is obvious that it will happen at the time the Contract was made.

7.2 We do not exclude or limit in any way our liability to you if it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation or for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors.

7.3 We will not be liable for any damage which was caused by you failing to have in place the minimum system requirements advised by us or to correctly follow installation instructions and we will not be liable for any damage which you could have avoided if you had followed our advice to apply an update offered to you within the Online Media, free of charge.

7.4 The Services and Online Media are supplied for private and domestic use only and we shall not be liable for any business losses. We will have no liability to you for any business interruption, loss of business or business opportunity or loss of profit if you use the products for any commercial, business or re-sale purpose.

7.5 The Online Media may be temporarily suspended without notice for maintenance, repair, security upgrades, systems failures, modifications, enhancements or failure of third party services (such as the internet). You hereby irrevocably release us from any and all claims arising from such service interruptions.

7.6 I Can Connect will provide the Services and Online Media with reasonable skill and care but we give no representation, warranty or guarantee, either express or implied, as to any results that you may achieve by using the Services or Online Media or the effectiveness thereof.

8 Intellectual property and website/platform terms of use Intellectual property

8.1 All intellectual property rights within the Online Media (including all software, sounds, videos, graphics, images, text, music, instructional content and any logos or trademarks) remain our property or are licensed to us. By subscribing for the Services and using the Online Media, you agree:

  • 8.1.1 other than a limited non-exclusive, non-sublicensable, non-transferable licence to use the Online Media for your non-commercial personal use in accordance with these Terms, you do not acquire any intellectual property rights in the Online Media;
  • 8.1.2 to use the Online Media for your own personal use and not for any purpose prohibited by law or any commercial purpose; and
  • 8.1.3 not to reproduce, copy, alter, distribute, remove, broadcast, publish, damage or otherwise interfere with the Online Media.

8.2 You agree that you will not:

  • 8.2.1 use the Online Media for the benefit of any third party or for any commercial or business purpose;
  • 8.2.2 sell, transfer or try to sell or transfer an account with us or any part of an account to any third party;
  • 8.2.3 impersonate any other person, behave in an offensive or abusive manner, or use the Online Media for any unlawful purposes;
  • 8.2.4 interfere with or disrupt the Online Media or the networks or servers that provide the Online Media, use any means to mask your identity or upload, share or submit content containing any malicious code designed to interrupt, damage or affect the functionality of or disrupt any networks or servers that provide the Online Media or wrongly intercept or extract any data or personal information from the networks or servers that provide the Online Media;
  • 8.2.5 contravene any regulations or requirements of any network connected to the Online Media;
  • 8.2.6 disable or modify any copy protection technology used on the Online Media;
  • 8.2.7 make derivative works of, disassemble, decompile, reverse engineer, reverse compile or otherwise attempt to derive the source code for any part of the Website or any of the Online Media;
  • 8.2.8 collect, harvest or ‘scrape’ any data from any web pages contained in the Website. This includes using (or permitting, authorising or attempting the use of):
    • (a) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and/or
    • (b) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations;
  • 8.2.9 do or omit to do anything which would bring us, the Online Media, our suppliers or other users into disrepute or in any way damage our or their reputation;
  • 8.2.10 interfere with another user's enjoyment and/or use of the Website or the Online Media; or
  • 8.2.11 use the Online Media in any other way not permitted by these Terms.

8.3 The provisions in clause 8.2 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

8.4 Clause 8.2 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Account details

8.5 If you choose, or you are provided with, a user identification code, password, login or any other piece of information as part of our security procedures, you must treat this information as confidential. You must not disclose it to any third party.

8.6 You may not share your login details with others nor allow others to use your subscription to access the Platform.

8.7 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

8.8 You must notify us or our payment processors promptly if your payment method is lost, stolen or cancelled or if you become aware of or suspect a potential security breach for example the unauthorised disclosure or use of your card, username, user identification code or password.

8.9 You are responsible for keeping the information provided to us, including bank details in respect of any direct debit payments, up to date and must provide any changes or updates promptly to us by emailing us at info@icanconnect.co.uk or by telephoning us on 0300 373 1066.

Connected Sessions

8.10 During a Connected Session you agree that:

  • 8.10.1 you shall not do or permit to be done any act or omission which is defamatory of any person, obscene, offensive, hateful, inflammatory, bullying, insulting, intimidating or humiliating; and
  • 8.10.2 you shall not allow any material to be visible to other users of the Platform which:
    • (a) is of a sexually explicit nature;
    • (b) promotes violence;
    • (c) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • (d) breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
    • (e) promotes any illegal content or activity; and
  • 8.10.3 if you believe, acting reasonably, that another participant in a Connected Session has breached clause 8.10.1 or clause 8.10.2 you shall report such breach by emailing us at info@icanconnect.co.uk or telephoning us on 0300 373 1066 without any undue delay and shall provide the following information to allow us to investigate:
    • (a) the date, time and class in question; and
    • (b) brief details of the purported breach.

8.11 You acknowledge and agree that any breach of clause 8.10 may result in your access to Connected Sessions and/or your subscription being suspended or terminated with immediate effect.

Reliance on information

8.12 The content on the Website is provided for general information only. Unless expressly indicated otherwise, 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 the Website.

8.13 Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

Links

8.14 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

8.15 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8.16 You must not establish a link to the Website:

  • 8.16.1 in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
  • 8.16.2 in any website that is not owned by you.

8.17 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

8.18 We reserve the right to withdraw linking permission without notice.

8.19 If you wish to link to or make any use of content on the Website other than that set out above, please email info@icanconnect.co.uk.

Malware

8.20 We do not guarantee that the Website will be secure or free from bugs or viruses.

8.21 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

8.22 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

9 General provisions

9.1 The Contract constitutes the entire agreement between I Can Connect and you in relation to the subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral in respect thereof.

9.2 We may amend or vary these Terms at any time for legal, regulatory, security or operational reasons. We will give you reasonable notice of any changes by displaying the new terms on our Website. If any change to these Terms significantly reduces the benefits of your subscription, you may end your subscription in accordance with clause 5.4.

9.3 If we delay in exercising our rights under the Contract or do not insist immediately that you do anything you are required to do under these Terms that will not constitute a waiver of any of our rights or remedies and will not prevent us taking steps against you at a later date. For example, if you miss a payment but we continue to provide the Services to you, you will still be liable for such payment.

9.4 If a court finds part of the Contract invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract which will continue in full force and effect.

9.5 You may not transfer your rights or your obligations under the Contract to someone else without our prior consent in writing.

9.6 We may transfer our rights and obligations under these Terms to another organisation. We may transfer the Contract to someone else.

9.7 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

9.8 The Contract and these Terms are governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.