Terms and Conditions

Terms and conditions of Membership purchases:

Annual membership:

£71.88 will be charged every 12 months to your iTunes account for your yearly membership. You can cancel anytime in your iTunes account settings. You must cancel at least 72 hours before the end of the current billing period, otherwise another payment will be taken.
By continuing you are agreeing with our Terms of use and have read and understood our Privacy policy.

Quarterly membership:

£23.97 will be charged every 3 months to your iTunes account for your yearly membership. You can cancel anytime in your iTunes account settings. You must cancel at least 72 hours before the end of the current billing period, otherwise another payment will be taken.
By continuing you are agreeing with our Terms of use and have read and understood our Privacy policy.

Monthly membership:

£9.99 will be charged every 1 month to your iTunes account for your yearly membership. You can cancel anytime in your iTunes account settings. You must cancel at least 72 hours before the end of the current billing period, otherwise another payment will be taken.
By continuing you are agreeing with our Terms of use and have read and understood our Privacy policy.

MEDICAL DISCLAIMER

The Live Happy platform is designed to help you reach your health, wellbeing & fitness goals with access to a range of professionals and programs. Information provided from Work In Your Work Out Ltd. through the Live Happy platform does not purport to be and must not be taken as medical advice, therefore, before starting any exercise or wellbeing regime you should consider consulting your doctor, especially if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns. If you have asthma, diabetes, a heart condition, growth condition or have experienced chest pains or dizziness in the last month, we strongly advise you NOT to participate in any of the live or video-on-demand classes, activities and any other products and/or services which are provided by third party trainers via the Live Happy platform (the “Session(s)”).

Any nutritional or health advice or information provided on the Live Happy platform is intended to be guidance only. No advice or information which you obtain through the Live Happy platform creates any warranty. You acknowledge that there are limitations on the individual and tailored advice we can provide in the context of an app. You agree not to rely on any advice or information in the Live Happy platform for any purposes but instead seek professional medical advice if required including in relation to intolerances and allergies. If you follow the nutritional and health information or plans on the Live Happy platform you do so at your own risk.

By using the Live Happy platform, you recognise that there is always an element of risk involved with any physical activity and your attendance at or participation in any Session is solely at your own risk. If at any time during a Session you feel discomfort or pain you should cease the exercise and seek medical assistance as required. Your participation in these Sessions are entirely voluntary and you may opt out at any given time, if you so wish.

You agree that Work In Your Work Out will not be liable to you and/or any third party for or in connection with:

Injury, losses, claims or damages, whatsoever incurred or suffered, not caused by our breach of these terms and conditions; or
Any indirect, consequential, incidental, special, exemplary or punitive losses or damages.

Notwithstanding any other term, Work In Your Work Out Ltd. and its affiliates do not exclude or limit in any way its liability for:

Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
Fraud or fraudulent misrepresentation; and
Any other matter in respect of which it would be unlawful for Work in Your Work Out to exclude or limit liability

Work In Your Work Out cannot accept any liability for the actions of third party trainers or any breach by them of the terms of their service to you.

PRIVACY POLICY

Live Happy is an online Health & Wellbeing platform that delivers interactive workouts, recipes, nutrition and wellbeing information directly to your phone.

Thank you for choosing Live Happy and welcome to the services operated by Work In Your Work Out Ltd. via your device, along with the pre-recorded videos with the Live Happy team available on iOS and Android devices (the “Live Happy Product“), and any other services that we may provide in relation to the services, such as customer support, social media, community channels and our website www.live-happy.app (the “Site”) (together, the “Services“).

We are committed to protecting and respecting your privacy.

This policy (together with our Terms and Conditions of Service) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand what personal data we collect, how that data is used and the ways it can be shared by us and you.

The data controller of your personal data is Work In Your Work Out Limited of 70 High Street, Great Baddow, Chelmsford, CM2 7HH. Our Data Protection Officer is Rebecca Myers rebecca@live-happy.app.

INFORMATION WE COLLECT FROM YOU

We will collect and process the following data about you:

Information you give us.
This is information about you that you give us by filling in forms on the Site, using the Live Happy Product or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use the Site, subscribe to the Services, place an order for a subscription via the Site or the Live Happy Product, participate in discussion boards or other social media functions, and when you report a problem with the Services.
The information you give us may include your name, address, e-mail address and phone number, date of birth, personal description, height, weight, gender and photograph.
Where you purchase subscriptions via the Site, we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by us. We do not collect or retain credit card information. Our payment service providers will provide us with information about your purchases so that we know if a purchase has been successful. Where you purchase subscriptions via Apple In-App Purchase, we do not collect or store any payment information from you.
Information we collect about you.
When you use or access our Services we will automatically collect the following information:
1. Technical information, including the type of device(s) you are using to access our Services, identifiers such as IP address, device identifiers, a Live Happy-specific user ID, the country or region that you are accessing our Services from, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
2. Information about how you use and interact with the Services, such as which classes you are taking, your fitness metrics, session time and duration and subscriptions purchased;
3. Information about your visit to our Site, including the full Uniform Resource Locators (URL), clickstream to, through and from the Site (including date and time), product information you viewed or searched for’, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page;
4. Information about your usage of the Live Happy Product, including iOS device vendor id, app launches, screen views, screen load and response times, screen interaction information (such as touches and other gestures), length of visits to certain screens, data load times and errors.
We may from time to time ask you for your consent to collect other information from you. For instance, we may invite you to allow us to access your contacts to enable us to invite them to use the Services with you. If we do this or something similar, we will tell you what information we would like to collect, why we need it and what we’ll use it for.
Information we receive from other sources.
This includes information we receive about you from your employer (if the Live Happy Product is purchased by your employer and not by you as an individual consumer) and if you use any of the other services we provide. We work closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information. This also includes information that we obtain when you access the Site and/or any of the Services through a social media or other account operated by a third party, such as Facebook, Instagram or Google. Any information about you that we receive from such third parties will be governed by their privacy policy as well as ours.

USES MADE OF THE INFORMATION
We use information held about you in the following ways:
1. Information you give to us.
  We will use this information:
  1. To carry out our obligations arising from any contracts entered into between you and us, for example, the contract which governs how we provide the Services to you;
  2. For internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  3. As part of our efforts to keep the Services safe and secure;
  4. To provide you with information about our goods or services that we feel may interest you. If these goods and services are not similar to those that you have already purchased or enquired about, we will contact you by electronic means only if you have consented to this. We may also permit third parties to contact you about any of their goods or services that they feel may interest you but only where you have consented in advance to our passing your details to such third parties for these purposes. If, having opted in to receive marketing information from us or any third parties, you change your mind, please follow the unsubscribe instructions in the relevant marketing communication or contact us at hello@live-happy.app
  5. To administer competitions, which may be run on any of our Services. We will use the personal information that you provide in relation to that competition for the purposes of running the competition. We may also publish the names, counties and entries of competition entrants – if you object to this, please contact us at hello@live-happy.app;
  6. To notify you about changes to the Services;
  7. To improve the Services and to ensure that content from the Site is presented in the most effective manner for you and for your device(s).
2. Information we collect about you.
  We will use this information:
  1. To administer the Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  2. To improve the Services to ensure that content is presented in the most effective manner for you and for your device(s);
  3. To allow you to participate in interactive features of our Services, when you choose to do so;
  4. As part of our efforts to keep the Services safe and secure;
  5. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you (including direct marketing communications and advertising within third party websites, apps and Internet-connect devices) with your consent.
  6. To optimise the Services for you and other users of the Services, for example by recommending relevant Live Happy videos based on data collected through use of the Services.
  7. To make suggestions and recommendations to you and other users of the Services about goods or services that may interest you or them with your consent.
3. Information we receive from other sources.
  We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out in this Privacy Policy (depending on the types of information we receive). For example, we have a number of social and community channels which we use to communicate with our users, including Facebook, Instagram, LinkedIn and Twitter. If you choose to interact with those channels, we will receive your information and use it in connection with those channels, including to engage with you, and we may also re-publish your posts to those channels.
4. All information.
  We will also use all information referred to in this section 2:
  1. To provide you with support through our customer service channels when you need it;
  2. To contact you, for example as part of customer service or to send you updates about our Services;
  3. To manage your account and relationship with us and improving your experience when you use our Services;
  4. To prevent crime or fraud;
  5. As required or permitted by any applicable law.
5. Legal grounds for using your information.
  The legal bases that we rely on when processing your information are:
  1. As necessary to perform our contracts with you: for processing information to provide the Services to you, including customer support;
  2. Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms: for processing information for purposes such as analytics, optimising and improving the Services, preventing and addressing fraud, violations of our terms and policies, or other illegal or harmful activity, marketing, and providing services to you at the request of your employer if they are our business customer. You may have the right to object to such processing, please see “Your rights” below for further information;
  3. Your consent: for processing information that you allow us to receive through the device-based settings you enable (such as access to your contacts), so we can provide the services described when you enable the settings. When we process data that you provide to us based on your consent, you have the right to withdraw this consent at any time. To exercise this right, please use the settings on your device or contact us at hello@live-happy.app for more information;
  4. Compliance with legal obligations: for processing data when the law requires it;
DISCLOSURE OF YOUR INFORMATION
You understand that we can share your personal information with:
1. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
2. Selected third parties including:
  1. business partners, suppliers and sub-contractors for the performance of any contract we enter into with them;
  2. your employer if they are our business customer;
  3. analytics, A/B testing and search engine providers that assist us in the improvement and optimisation of the Services;
3. We will disclose your personal information to third parties:
  1. As reasonably necessary in order to provide the Services to you (for example, by providing your personal information to suppliers we may use to fulfil the Services or to communicate with you);
  2. Where your data is on an anonymous and aggregated basis, meaning you could not be personally identified from it;
  3. Where it is necessary to carry out your instructions (for example, to process a payment instruction we must provide your personal information to our payment processors);
  4. Where we have your consent to do so;
  5. When you provide information as part of a competition or otherwise interact with our social media channels (for example, by providing a testimonial about one of our Services) we may publish the information you submitted, alongside your surname and home county on our Site and social media channels;
  6. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets if it is not possible to anonymise your personal data;
  7. As we reasonably believe is permitted by law or regulation or as is necessary to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.
4. Any third parties with whom we share your personal data may be located outside the European Economic Area in a country whose data protection laws may not offer equivalent to those of the country in which you live. Wherever we share your personal data with affiliates or third parties, we will use contractual and other measures to require those third parties to safeguard your personal data and we will ensure that adequate protection measures are in place for that data.

WHERE WE STORE YOUR PERSONAL DATA AND HOW LONG WE KEEP IT
The data that we collect from you will be stored primarily within the EU (Ireland) but copies of that data will be transferred to, and stored with, a third party service provider located outside the European Economic Area (“EEA”). We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Wherever we appoint a third party to host and store your personal data on our behalf, we will use contractual and other measures to require those third parties to safeguard your personal data and we will ensure adequate protection measures are in place for that data that are compliant with data protection laws.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. While we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Services; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access.

We will keep your information for as long as we consider necessary for the purposes described above, or as long as the law allows.
COOKIES
We use cookies to distinguish you from other users of the Services. This helps us to provide you with a good experience when you use or access the Services and also allows us to improve the Services.
1. What are cookies?
  A cookie is a small text file that can be placed on your device (e.g. computer, tablet, mobile phone) when browsing a website. Two kinds of cookies are used – session cookies and persistent cookies.
2. Session cookies are used to remember selections made on a visit to the Site. Session cookies are deleted automatically when you leave the Site or close your browser.
  Persistent cookies are used to identify you when you return to the Site and/or to remember specific information about your preferences. These cookies also help us understand user behaviour within the Site, which can assist us in customising content that we believe will be most relevant to your interests. Persistent cookies are stored on the user’s device and are not deleted when the browser is closed – these cookies must be ‘manually’ deleted if you want to remove them.
3. First and third party cookies
  We set cookies (first party cookies) on web pages, however, where we require additional information and services we also allow other companies to host cookies on our web pages (third party cookies). These partner companies have been carefully selected by us. Third party cookies that our partners set will support the customisation of advertisements viewed elsewhere on the internet and are required to meet contractual obligations they have with us. To learn more about cookies, please visit www.allaboutcookies.org or www.youronlinechoices.eu
4. What do we use cookies for?
  The cookies we use are categorised into four groups:
  1. Strictly Necessary cookies – these cookies are used for technical reasons and are necessary to enable the Site to operate efficiently so that you can navigate the Site and use the Services with ease. These include, for example, cookies that enable you to log into secure areas of the Site. If these cookies are blocked or disabled, some of the Site’s functions will not be available to you and you may not be able to use the Services.
  2. Performance cookies – these cookies are used to obtain statistics about the number of users of the Site/Services and how such users interact with the Site/Services. These cookies collect information that is aggregated and therefore cannot be used to reveal an individual’s identity. Such information allows us to continuously improve the Site and Services to provide users with a better online experience (such as enabling users to find what they are looking for more easily).
  3. Functionality cookies – these cookies are used to improve the functionality of the Site and make it easier to use the Services. They help us to identify you as a repeat user of the Services and help us remember your preferences. These cookies help us remember information about you that saves you time by making your user experience easier.
  4. Analytical – these cookies gather information about your habits when using the Services (including the pages you have visited and the links you have followed). We may combine such information with other personal data that we have collected about you (for example from third parties) to create a user profile for you. These cookies, in combination with any user profile that you have created assist us to make the Site and Services more relevant to you (i.e. by helping us tailor our content, marketing communications, offers and advertisements to your interests.)
  5. Targeting – these cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and Services more relevant to your interests. We may also share this information with third parties for marketing purposes, unless you disable or block cookies as set out below.
5. How do I control my cookie settings on my computer?
  Please be aware that if you decide to disable or block cookies, parts of the Site may not function correctly, or at all, and we may not be able to offer some or all of the Services to you.
  Should you choose however to disable or block our cookies on your device you will need to do this through your browser. Click on the ‘Help’ menu on your particular browser to learn how to manage your cookie preferences. Alternatively, you can visit www.aboutcookies.org or www.youronlinechoices.eu for comprehensive information on how to manage cookies.
6. What about from mobile applications?
  When you download and/or use the Live Happy Product on your device, we automatically collect information from your device, as set out in section 1.2. If you do not wish us to collect information as described in this section, you should stop using our Services.
YOUR RIGHTS
You have certain rights relating to how we process your personal data, including the right to:
1. Access the personal data that we may hold about you. If you wish to exercise this right please contact us letting us know that you wish to exercise your right of access and what information in particular you would like to receive. Please note that we may not be able to provide all the information you ask for, for instance if the information includes personal information about another person. Where we are not able to provide you with information that you have asked for, we will endeavour to tell you why. We will try to respond to any request for a right of access as soon as possible, but we will always do so within 1 month of receipt of your request and evidence of relevant ID;
2. Rectify any inaccurate personal data that we may hold about you. If you realise that any of the information that we hold about you is incorrect, please let us know and we will correct it as soon as we can;
3. Have your personal data erased in certain circumstances, for example, where it is no longer necessary for us to process your personal data or where you object to your data being processed on certain grounds (for example, for marketing purposes). Please note that to ensure that we do not collect any further information you should also delete our app from your mobile devices and clear our cookies from any device where you have accessed our Services. Where we delete personal information about you, we may still retain some or all of that information for other purposes such as maintaining financial records, protecting or enforcing legal rights, maintaining marketing suppression lists or for technical reasons such as maintaining technical security or our database integrity. We may also retain your information in an anonymised form;
4. Object to your personal data being processed for direct marketing purposes. If you have chosen to receive direct marketing communications from us, you can change your mind at any time by following the unsubscribe link in any marketing communication that is sent to you. If you have chosen to receive more than one type of marketing communications from us, you may need to opt out of all of them individually. It may take a few days for us to update our records before any opt out is effective; and
5. In some circumstances, you may have the right to request that data which you have provided to us is provided to you, so you can transfer this to another data controller.

Should you wish to exercise any of these rights, please contact us at hello@live-happy.app
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note these websites have their own privacy policies and we do not accept any liability for these policies. Please check these policies before you submit any personal data to these websites.

CHANGES TO OUR PRIVACY & COOKIES POLICY
Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently for any updates.

CONTACT
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to hello@live-happy.app
Should you have cause to complain about how we handle your personal data, please contact us in the first instance. We will do our best to resolve your concern. Alternatively, you may prefer to submit a complaint directly to the Information Commissioner’s Office (ICO). For further details on how to complain to the ICO, please follow the links below: https://ico.org.uk/concerns/ or https://ico.org.uk/global/contact-us.

TERMS OF USE

Live Happy is an online Health & Wellbeing platform that delivers interactive workouts, recipes, nutrition and wellbeing information, delivered directly to your phone.
Thank you for choosing Live Happy and welcome to the services operated by Work In Your Work Out Ltd. via your device, along with the pre-recorded videos with the Live Happy team available on iOS and Android devices (the “Live Happy Product“), and any other services that we may provide in relation to the services, such as customer support, social media, community channels and our website www.live-happy.app (the “Site”) (together, the “Services“).
These Terms and Conditions (these “Terms“) apply to the Services. The Terms apply whether you are a user that registers an account with us or an unregistered user or visitor to the Site. You agree that by subscribing or otherwise registering, downloading, accessing or using our Services, you are entering into a legally binding agreement between you and us regarding your use of the Services.
By using our Services, you are also agreeing (i) that you have read and understood our Privacy Policy which sets out how we collect, process and use your information; and (ii) to our Medical Disclaimer. Please read these Terms carefully before you start to use our Services. We recommend that you print a copy of these Terms for future reference. If you do not agree to these Terms, you must not use our Services.

GENERAL

These Terms were last updated on 1st July 2021.
The Services are operated by Work In Your Work Out Limited (“us“, “we“, “our” or “WIYWO“). Further information about Work In Your Work Out Ltd., including how to contact us, is set out in section 13, below.
For the purposes of these terms, you are a ‘consumer’ if you purchase our Services as an individual for domestic or personal purposes. You are a ‘business customer’ if you purchase our Services for purposes relating to your trade, business, craft or profession. Unless otherwise stated, all terms apply to both consumers and business customers, however, some terms only apply to either consumers or business customers, so please make sure you read these terms carefully.
If you are a consumer, you agree that you are a legal resident of the United Kingdom and Ireland, at least 16 years old and if you are between 16 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use our Services.
If you are a consumer, the Services are provided to you for your domestic and personal use only. You must not use our Services for commercial, resale or business purposes.
If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business, and you confirm that you are purchasing our Services for the purposes of your named business only and not for or on behalf of any third party. You must not use the Services for any resale purposes.
We reserve the right, from time to time, with or without notice, to change these Terms at our sole discretion, and the latest version will appear on the Site with the date that it was last updated. By using the Service after any changes have been posted, you agree to the new terms.

THE LIVE HAPPY PRODUCT
1. In order to use the Live Happy Product and access videos from the Live Happy team, you will need to create a Live Happy account with us and purchase a subscription (as set out in section 9 below).

RIGHTS WE GRANT YOU
1. The Services and other material on the Services is owned and operated by us. Unless otherwise indicated, all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are the property of Work In Your Work Out and/or third party licensors.
2. We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
3. You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials.
4. If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence at any time (and without notice).

YOUR USE OF OUR SERVICES
1. You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
2. You warrant that all the information you provide to us on accessing and/or using our Services is and shall remain true, correct and accurate at all times. You understand and agree that all content that you may upload, communicate or otherwise make available via our Services is your sole responsibility.
3. You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account. If you do not keep your login details secret, or if you share your account or details with someone else, you accept full responsibility for the consequences of this (including any unauthorised purchases).
4. You agree that you will comply with any applicable third party terms of agreement when using the Services.
5. You understand that you can only use the Live Happy Product on
  1. An iOS device running one of the last 2 major versions of the iOS operating system. For illustrative purposes only, if the most recent version of the iOS operating system is iOS 11.2.4, your device’s operating system must be iOS 10.0.0 or later.
  2. An Android device running one of the last 3 major versions of the Android operating system. For illustrative purposes only, if the most recent version of the Android operating system is Android 11, your device’s operating system must be Android 9 or later.
6. You agree that you will not:
  1. Impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes
  2. Sell, transfer or try to sell or transfer an account with us or any part of an account;
  3. Contravene any regulations or requirements of any network connected to our Services;
  4. Disrupt or interfere with our Services or networks or servers that provide our Service;
  5. Use virtual private networks, false email addresses or any other means to mask your identity;
  6. Attempt to access the accounts of other users or upload, share or submit content containing any spy-ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
  7. Disable or modify any copy protection technology used on our Services;
  8. Alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Site or any of the Services;
  9. Collect, harvest or ‘scrape’ any data from any web pages contained in our Site;
  10. Upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
  11. Upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
  12. Do or omit to do anything which would bring us, the Services, our suppliers or other users into disrepute or in any way damage our or their reputation;
  13. Interfere with another user’s use and enjoyment of the Site or the Services; or
  14. Use our Services in any other way not permitted by these Terms.
7. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
COPYRIGHT INFRINGEMENT AND CONTENT TAKEDOWN
1. Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Services. Nevertheless, we reserve the right to take any such actions in our sole discretion.
2. Notwithstanding our position that we are not obliged to monitor any content uploaded to the Services (as referred to above), it is our policy to: (i) block access to or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Services.
3. We have no control over and do not warrant in any way that the content or other information and materials provided by our users or third parties are accurate, complete, legal, non-infringing, reliable, current or error-free. To the fullest extent permitted by law, we disclaim all warranties, representations, and terms and conditions that may relate in any way to any content listed on the Services.

MEDICAL DISCLAIMER
1. As part of our Services you will have access to health, fitness and wellbeing information and will be able to participate in video-on-demand classes, activities and any other products and/or services which are provided by third party trainers via the Live Happy platform (the “Session(s)“). You acknowledge that such information and the Sessions are designed for educational and entertainment purposes only and you should not rely on this information as a substitute for, nor does it replace, professional medical advice or treatment. The use of any information provided on our Services is solely at your own risk. You also understand that the Sessions together with any health, fitness and nutritional information are provided by third parties and we take no responsibility for such content.
2. You acknowledge that some of the Sessions may be physically demanding and you understand that it is your responsibility to consult with your doctor prior to participating in the Sessions to ensure that you are fit and well enough to take part and that your participation in the Sessions will not pose any unusual or serious risks to your health and well-being. By accessing our Services and taking part in any Sessions you warrant and represent that you are fit and healthy to take part in the Sessions.
3. You hereby waive, release, covenant not to claim, and discharge us from any and all claims arising out of your participation in any of the Sessions. If you are between the ages of 16 and 18, you agree that your legal guardian has reviewed and agreed to the Medical Disclaimer.

LIMITATION OF LIABILITY
1. Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
2. We are not liable to consumers for any loss or damage that was not foreseeable (meaning, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur as a result of something we did or failed to do), any loss or damage not caused by our breach or negligence, or any business loss or damage.
3. We are not liable to business customers for consequential, indirect or special losses, loss of profit, loss of opportunity, loss of savings, discount or rebate, harm to reputation or loss of goodwill.
4. Subject to this clause, any liability we do have under or in connection to these terms (regardless of whether such liability arises in tort, contract, negligence, misrepresentation or any other way) is strictly limited to the purchase price of the relevant subscription.
5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied.
6. We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
7. Consumers are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law.
8. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any content from it, or on any website linked to it.
9. We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services.
10. We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11. You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
12. There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
13. We may change and update our Services in whole or in part without notice to you provided always that any such changes do not result in material degradation in the functionality of any part of the Live Happy Product. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Live Happy Product then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Live Happy Products or any part of them which are paid-for with real money at our sole discretion upon reasonable notice to you.

INDEMNIFICATION
1. To the fullest extent permitted by law, you agree to indemnify and hold Work In Your Work Out harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of:
  1. Your breach of these Terms;
  2. Any allegation that any materials that you submit to or post on our Services infringe or otherwise violate the rights of a third party; and
  3. Your access or use of our Services.

LIVE HAPPY SUBSCRIPTION
1. In order to access the Live Happy Product and access all classes with the Live Happy Team you will need to purchase a subscription. You can purchase a subscription on our Site and you should carefully check that order and correct any errors prior to confirming your purchase. The charge for the subscriptions you can purchase shall be as stated at the time you place the order, except in the case of obvious error (in which case we will contact you) or as otherwise notified to you in advance from time to time
2. Live Happy may offer a free trial subscription for access to the Live Happy Product (“Free Trial Period“). The duration of the Free Trial Period will be clearly communicated at the point of activation.
3. You will not be charged during the Free Trial Period. If, during the free trial sign up process, you choose a subscription and provide billing details to us, we will begin to charge you for the Live Happy Product when the Free Trial Period expires, unless you cancel your subscription beforehand in accordance with section 11.2(b). Each person is entitled to no more than one Free Trial Period.
4. You can purchase a subscription via Apple In-App Purchase. Please note payments via Apple In-App Purchase are subject to Apple’s terms and conditions which are available on request to Apple.
5. Payment will be taken from you immediately.
6. Your subscription will automatically renew at the end of your subscription period until you decide to cancel. You must cancel at least 72 hours before the end of your subscription period, otherwise it will be automatically renewed for another period, or in accordance with section 10 below.
7. If you have a discount code, you must enter this and purchase your subscription on the Site only. Your subscription will automatically renew at the full price for the relevant subscription at the end of your subscription period unless stated otherwise at the time of receiving your code.
8. You agree that all sales by us to you of subscriptions are final and that we will not refund any transaction once it has been made except in accordance with section 10 below.
9. If you live in the European Union or United Kingdom, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
10. We may change the pricing for the subscriptions offered through the Services at any time. You are only allowed to obtain subscriptions from us or our authorised partners through the Services, and not in any other way.
11. If we suspend or terminate your account in accordance with these Terms you may lose the remainder of any current subscription and we will not compensate you for this loss or make any refund to you.
12. Depending on which bank you use, additional charges may be issued by your bank. We have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase.

YOUR RIGHT TO CANCEL LIVE HAPPY SUBSCRIPTION
1. 14 day cancellation right for consumers only:
  1. Once you have purchased a subscription, you have the right to cancel and be reimbursed for all payments received within 14 days of receipt of your request. Please note that if you choose to download any of the content which forms part of the Live Happy Product at any time from when you have purchased a subscription to the expiry of the 14 day period, or if you have used the Live Happy app, you may lose this right or have to pay us reasonable costs.
  2. How to cancel
    If you purchased your subscription via Apple In-App Purchase, and you wish to cancel please contact Apple directly via https://reportaproblem.apple.com/. Apple may refund your subscription fee in full in accordance with their policies. Alternatively, you can get in touch with us via email and we will give you instructions on how to contact Apple.If you purchased your subscription via the Site, please get in touch with us via support@live-happy.app. You can but don’t have to use the cancellation form below.
    
    Cancellation Form
    To Work in Your Work Out Ltd, 70 High Street, Great Baddow, Chelmsford, CM2 7HH, or hello@live-happy.app:
    [I/We] hereby give notice that [I/We] cancel my/our contract with Work in Your Work Out, ordered on [date].
    [Name of consumer(s)] [Address of consumer(s)][Signature of consumer(s) (only if this form is notified on paper)][Date]
  3. Effects of cancellation
    If you cancel your subscription in the first 14 days, your subscription will expire immediately.
  4. Apple will refund your subscription fee in full in accordance with their policies.
  5. After the first 14 days of your subscription have expired, your subscription is non-refundable.
2. Other cancellation
  1. If you cancel your subscription outside of the circumstances set out in section 11.1, your subscription will expire at the end of your subscription period and no refund will be provided.
  2. How to cancel
    If you purchased your subscription via Apple In-App Purchase, and you wish to cancel please contact Apple directly via https://reportaproblem.apple.com/. Apple may refund your subscription fee in full in accordance with their policies. Alternatively, you can get in touch with us via support@live-happy.app and we will give you instructions on how to contact Apple.
    If you purchased your subscription via the Site, please get in touch with us via support@live-happy.app
  3. Effects of cancellation
    Your subscription will expire at the end of your subscription period.
  4. We may cancel your membership immediately if you fail to make valid payment in accordance with your subscription.

LIVE HAPPY SUBSCRIPTION – VIA THIRD PARTY PROVIDER
1. Where you obtain a Live Happy Subscription via a third party (for example your employer), you will have a separate contract with that third party for the service and they (and not Work In Your Work Out) will be responsible for certain elements of your subscription, including payment, cancellation etc. This means that Clauses 9 and 11 of the Terms shall not apply to you in such situations. Please refer to any specific terms and conditions in place between you and the third party for details on subscriptions and cancellations. Any questions or concerns about your subscription should be raised with the third party in the first instance.
2. Clause 10 shall not apply where your subscription has been provided to you by a third party (such as your employer) and not directly by Work In Your Work Out.

OTHER IMPORTANT TERMS
1. We collect personal information about you through your use of our Services. All information that we collect about you is subject to our Privacy Policy.
2. When you access any of our Services using an Apple device, you agree that:
  1. These Terms are concluded between you and Work In Your Work Out only, and not with Apple, and Work In Your Work Out, not Apple, are solely responsible for the Services and the content thereof;
  2. The licence granted to you to use the Services as set out in section 2.2 is a non-transferable license to use the Services on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Services may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing;
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
  4. Apple is not responsible for addressing any claims relating to the Services or the your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
  5. In the event of any third party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, Work In Your Work Out, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
  6. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
3. These Terms do not affect your legal rights. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Information Commissioner’s Office, Trading Standards Department and Citizen’s Advice Bureau).
4. If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
5. This contract is between you and us. No other person has any rights to enforce any of its terms (save for as set out in section 14.2(g) above).
6. Provisions which by their terms or intent are to survive termination of these Terms and will do so.
7. You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms.
8. If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
9. These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
10. These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.
11. This contract is only available in English. No other languages will apply to this contract.

HOW TO CONTACT US AND FURTHER INFORMATION
1. If you have any feedback, questions or complaints or any requests for technical support, then please email us at: support@live-happy.app
2. We do our best to respond to all queries as soon as possible but we cannot guarantee a response time.
3. The Services are operated by Work In Your Work Out Limited (registered in the UK with company number: 10958023) with registered office address at: 70 High Street, Great Baddow, Chelmsford, CM2 7HH.