Berkeley Health Club Terms

BERKELEY HEALTH CLUB TERMS & CONDITIONS

1. BACKGROUND:
1.1 The following terms and conditions (these “Terms of Service”) govern your access to and use of the Berkeley Health Club subscription program, including any content, functionality and services offered on the program through berkeleyhealthtests.com (the “Site”). The terms “we”, “us”, “our”, and “provider” refer to Berkeley Health Tests. The terms “you”, “your”, and “Subscriber” refer to the subscriber of the Berkeley Health Club subscription program. Both the Subscriber and Berkeley Health Tests shall be referred to collectively as ‘parties’.
1.2 These Terms and Conditions should be read with care. All contracts that the Customer may enter into from time to time for the provision of the Services shall be governed by these Terms and Conditions unless otherwise agreed formally in writing between Berkeley Health Tests and the Customer.
2. SUBSCRIPTION FEE
2.1 To become a Berkeley Health Club member the Subscriber agrees to pay a recurring payment of £2.99 (Two Pound Ninety-Nine Pence) per month.
2.2 The Subscriber agrees that they will pay the recurring monthly payment for a minimum of 12 months from the commencement of the Subscriber’s first monthly instalment. The Subscriber authorises Berkeley Health Tests to take this recurring payment from the Subscriber’s agreed payment method on a monthly basis.
2.3 The Subscriber agrees that Berkeley Health Tests may immediately increase the monthly instalment amount at any point without providing notice. The increase shall not impact Berkeley Health Tests’ right to enforce the terms of this agreement.
2.4 The Subscriber agrees that once the initial minimum 12-month period has elapsed the subscription shall automatically renew for another 12-month period unless the Subscriber formally notifies Berkeley Health Tests of their intention to cancel their subscription in writing. All cancellation requests must be sent to Hello@berkeleyhealthtests.com
3. BENEFITS FOR BERKELEY HEALTH CLUB SUBSCRIBERS
3.1 As part of the Berkeley Health Club subscription program the Subscriber shall receive the following benefits:
3.1.1 The Subscriber shall receive a 20% discount on their first order and all additional future orders.
3.1.2 The Subscriber shall receive a monthly newsletter which covers all health-related issues and which showcases all of our new innovative products that are soon to be released on the market.
3.1.3 The Subscriber shall receive regular promotional offers on prelaunch products.
3.2 All benefits detailed in 3.1.1-3.1.3 shall only be received if the Subscriber is still a paid member of the Berkeley Health Club subscription program.
4. DISCOUNT EXCLUSION
The benefit of a 20% discount on the Subscriber’s first order (3.1.1) may not be used in conjunction with any other promotional offers at the same time.
5. TERMINATION
5.1 Berkeley Health Tests may terminate this agreement immediately and at any time without providing the Subscriber with notice or a reason for termination.
5.2 In the event of termination of this agreement under 5.1 the Subscriber shall be entitled to their Berkeley Health Club benefits (3.1.1-3.1.3) for the remaining days of their recently paid monthly period.
6. ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement between the Subscriber and Berkeley Health Tests regarding the terms of the Berkeley Health Club subscription program and supersede any and all other agreements between both Parties with respect to matters in these Terms and Conditions.
7. NO WAIVER
No waiver of any provisions in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. Additionally, if any provision of these Terms and Conditions is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions.
8. INTERPRETATION
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid. If any provision of this Agreement is declared void or unenforceable by any judicial or administrative authority, this shall not nullify the remaining provisions of this Agreement, provided that the cancellation of such provision does not substantially alter the economic interest of either Party in the continued performance of this Agreement.
9. PERFORMANCE
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
10. SEVERABILITY
In the event that any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
11. THIRD-PARTY RIGHTS
This Agreement is not intended to benefit or be enforceable by any third party. The exercise of the rights of both the Subscriber and Berkeley Health Tests under this Agreement is not subject to the consent of any third party.
12. LEGAL AND BINDING AGREEMENT
12.1 This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding in England and Wales. The Parties each represent that they have the authority to enter into this Agreement.
12.2 The Parties hereby confirm that complete fulfilment of the objectives of the Agreement and performance of the respective obligations are important to them, for the purposes of which they are ready to execute all necessary additional contracts/agreements if for any reason this Agreement does not ensure full performance of the obligations and objectives hereof.
12.3 Any modification or amendments of this Agreement shall be in writing and shall become effective if and when signed by both Parties.
12.3 Introduction of any changes and amendments to this Agreement is allowed only by the written agreement of the Parties, which shall be executed as a separate agreement and shall be appended to this Agreement as an integral part hereof.
13. UPDATES OF TERMS
Berkeley Health Tests reserves the right to amend these Terms and Conditions at any time in order to meet changes in the regulatory environment, business needs, or to satisfy the needs of our customers. When we do, we will also revise the “last revised” date at the bottom of these Terms and Conditions.
14. LINKS TO OTHER WEBSITES
Berkeley Health Tests is not responsible or liable for any content presented by or contained on any independent website, including, but not limited to, any advertising claims or marketing practices. Please note that Berkeley Health Tests cannot control and will not be responsible for the privacy policies of third-party websites. Third-party websites that are accessed through links on our websites have separate privacy and data collection practices and security measures. Berkeley Health Tests has no responsibility or liability for the practices, policies and security measures implemented by third parties on their websites. We recommend that you review the privacy statements and policies of linked websites to understand how those websites collect, use and store information.
15. JURISDICTION
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Provider or Customer in connection with the Site, shall be governed by and construed in accordance with, the substantive laws of England and Wales without regard to conflicts of law principles. These terms and conditions are governed by the laws of England and Wales.