Terms & Conditions
Please read all these terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you) (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
4. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing with us.
3. Administration: our company administration team.
4. Consumer/clients or user/trainee: means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
4. Contract means the legally-binding agreement between you and us for the supply of the Services.
5. Company: Metas Technology Limited.
5. DareBear: the platform.
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order.
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order.
8. Order means the Customer's order for the Services from the Supplier as submitted following the step-by-step process set out on the Website.
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order and those referred to as the “Sessions”.
11. Personal Trainer: Herein referred to as Pts.
12. Payment Price: Price paid for the Service.
13. Website means our website: http://www.darebear.co.uk on which the Services are advertised.
14. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.
15. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only.
16. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
17. All Services which appear on the Website are subject to availability.
18. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
19. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation and payment price, including any specification in all material respects.
20. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
21. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
22. You must co-operate with us in all matters relating to the Services, provide us and our administration team and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
23. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
24. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services.
25. If you do not comply with clause 24, we can terminate the Services.
26. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
28. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
29. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
30. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
31. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
32. Fees and charges include VAT at the rate applicable at the time of the Order.
33. You must pay by submitting your credit or debit card details with your Order and we will take payment after the cancellation time has passed or otherwise before delivery of the Services. Once your credit card has been charged, we will send you a confirmation email.
34. Time for payment shall be of the essence of the Contract.
35. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
36. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
37. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered.
38. You hereby provide your consent for us to keep a record of your bank details and take payment when it is agreed the payment shall be taken. For example, we are allowed to charge you in the event you attend a class later on a specific day after you have cancelled.
Sub-Contracting and assignment
39. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
40. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations.
Withdrawal returns and cancellation
41. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
42. After the Session has been booked, you as the Trainee can cancel the Session up to six (“6”) hours before the Session starts and you will be fully refunded so long as you cancel within the six-hour period.
43. If you have used your loyalty points to pay for the Session, your points will not be refunded and you will not receive the equivalent as a cash refund.
44. The Personal Trainer is entitled to cancel the Session up to four hours (“4”) before the start of the Session. If the contract is not cancelled within the four-hour period, then the Personal Trainer will be charged a 10% commission fee from your own account.
45. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision. You can cancel using the cancellation section on our platform, by contacting us on our helpdesk number, by raising a ticket or by email. In any event, you must be able to show clear evidence of when the cancellation was made.
Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contract, then the refund process will begin and it will normally take approximately 5-7 business days for your money to arrive in your Trainee or Trainer account.
Payment for Services commenced during the cancellation period
51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Collection as Agent on behalf of PTs
52. The use of the Service may result in certain charges being made to you for the Services that you have received. Once you have completed the Services, DareBear will process your payment (in relation to the applicable charges) on behalf of the PTs as their payment collection agent. Payment in relation to these charges shall be done in the same manner made directly by you to the PTs. The Session payment will be charged and taken 6 hours prior to the class commencing. We will put your funds on hold in case you are not satisfied with the service or require a refund. We will after 48 hours after the class is finished, remove the hold and transfer the funds to the PT’s account. This sum will take between 5-7 days to appear in the PT’s account. Should any dispute arise, then please report the problem to DareBear as soon as possible and in any event no later than 48 hours after the problem has occurred. In the event the problem is not reported within 48 hours, then we do not guarantee a full refund.
53. DareBear reserves the right to establish, remove and/or revise any charges for all and or any Services at any time in their sole discretion.
54. We will supply the Services with reasonable skill and care.
55. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Zero payment Session Monthly Limitation
56. PTs have their own right to post a Session for nil consideration (whether this is for promotional or other reasons).
57. Each zero monthly Session will only be allowed to be posted for a maximum of 3 per month.
Dispute Process between PTs, Clients/Users
58. You must report a problem with our Service within the first 48 hours of the same occurring.
59. Once a problem has been reported, the Platform will investigate the issues raised before deciding whether further action should be started. We reserve the right at DareBear’s sole discretion to decide whether a refund will be given. There is no automatic right and/or guarantee that you will be given a full refund.
Duration, termination and suspension
60. The Contract continues as long as it takes us to perform the Services.
61. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other: a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or b. is subject to any step towards its bankruptcy or liquidation.
62. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Liability and indemnity
63. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
64. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
65. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: a. any indirect, special or consequential loss, damage, costs, or expenses or; b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
66. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
67. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
68. We and DareBear do nor guarantee the quality, suitability safety or ability of our PTs. You agree to enter and/or subscribe to the Service as is. We and DareBear shall not be liable for any damages, liabilities, or losses arising out of the following: a. PTs or Users/Clients use of the Services; b. PTs or Users/Clients inability to access or use the Services; c. Any relationship between the PTs and Users/Clients that occurs outside the Platform (even if DareBear has been advised on the possibility of such an occurrence). Users/Clients acknowledge that some PTs may offer their own service with other peers who in turn are not or may not be professionally licensed. Neither we or DareBear will be liable in connection with any services in such an event of an occurrence nor for damages, loss or injury.
69. The Users/clients will be responsible for the cost of repair in relation to any damage or cleaning fees of any PTs training facility and property resulting from the use of Services under the User/clients account in excess of normal wear and tear. In the event a PT reports to us the need for any repair or cleaning costs to be carried out, DareBear reserves the right to charge a reasonable fee for the cost of such a repair and cleaning using the payment account details provided by the User/client. We will automatically deduct the same from your account and designate the same to the applicable PT and these fees will not be refundable.
Circumstances beyond the control of either party
70. In the event of any failure by a party because of something beyond its reasonable control: a. the party will advise the other party as soon as reasonably practicable; and b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
71. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
73. For the purposes of these Terms and Conditions: a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679. c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
74. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
75. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws: a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; b. we will only Process Personal Data for the purposes identified; c. we will respect your rights in relation to your Personal Data; and d. we will implement technical and organisational measures to ensure your Personal Data is secure.
76. For any enquiries or complaints regarding data privacy, you can e-mail: firstname.lastname@example.org.
Governing law, jurisdiction and complaints
77. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
78. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.