To take out a subscription to ELEV8 COACH you must be aged 18 years of age. People under the age of 18 may access an account through a Parent or Carer over the age of 18.
WHO WE ARE
Your subscription contract will be fulfilled by ELEV8 COACH, incorporated in the UK, with its registered office at 27 Tudor Close, Haverhill, Suffolk, CB98NS, England. Our company number is TBC and Vat No: TBC. References to “Elev8 Coach”, “we” or “us” in this Contract shall be read as references to ELEV8 COACH Limited.
CONTACT DETAILS
You can contact us by post, telephone or email using the following details:
By Post: Elev8 Coach, 27 Tudor Close, Haverhill, CB98NS.
Call: 07966780005 (local rate customer service number) from 9am – 5.00pm Monday to Friday
Email: support@elev8coach.com
1. DEFINITIONS
Address: your home address in the United Kingdom
Agreement: The Contract between you and us comprising these Terms and Conditions
Subscriptions: the subscriptions that ELEV8 COACH may offer
Conditions: the conditions in this Contract set out below and any changes ELEV8 COACH may make to them in accordance with this Contract
Contract this Contract (including the terms of any Option chosen by you) authorising you to receive the Service of Elev8 Coach resource under your subscription address/details provided up on registration.
Minimum Term: Monthly Subscription. Free Subscription.
Group Company means any holding company or subsidiary of ELEV8 COACH and any subsidiary of any such holding company, from time to time
Minimum Term: the minimum term during which you are obligated to subscribe to the Service under this Contract is one (1) month
Service: The ELEV8 COACH subscription website resource
Subscription Payments: the payments you must pay us to provide the Service
Subscriber: A customer on the ELEV8 COACH Platform that subscribes to Elev8 Coach resource.
Website: www.elev8coach.com
Welcome Letter: Email sent to you upon subscribing to ELEV8 COACH which sets out the key information relating to your subscription
2. GENERAL
(a) Where you view the ELEV8 COACH resource online and use the Service using an internet platform these Terms and Conditions apply to you.
(b) Please note that by supplying ELEV8 COACH with registration details with which we use to activate the service, you are entering into a contract and accepting these Terms and Conditions. ELEV8 COACH will use this as verification of you accepting our Terms and Conditions.
3. ACCEPTANCE OF ORDERS
The information displayed online or provided by a sales agent including prices, does not constitute an offer but rather an invitation to treat. All orders for Service by you shall be deemed to be an offer and are subject to acceptance by ELEV8 COACH which shall occur upon electronic enablement of the Service. Use of the Service by you shall also be unequivocal acceptance by you of these Terms and Conditions.
4. YOUR SUBSCRIPTION PAYMENTS AND BILLING CYCLE
(a) Unless otherwise agreed by ELEV8 COACH you will be charged for the Service from the date your subscription is enabled to receive the Service under this Contract.
(b) ELEV8 COACH currently offers a monthly subscription option or an annual subscription option. The price of each subscription option is available on www.elev8coach.com.
(c) Any promotional offers will be subject to additional Terms and Conditions which will be made available on www.elev8coach.com.
(d) You must pay us Subscription Payments in advance for the Service provided under this Contract. For Direct Debit, Debit and Credit Card payments we will collect the amount due automatically from your account each month or annually depending on your subscription, after ELEV8 COACH has enabled your subscription to receive the Service.
(e) ELEV8 COACH may change your Subscription Payment at any time by giving you at least one (1) months’ notice. Any changes to pricing will also be posted on our official website. www.elev8coach.com. Your rights to cancel the Service if ELEV8 COACH increases your Subscription Payment are set out below in Condition 10.
(f) ELEV8 COACH may also charge any other payment due under this Contract under your Direct Debit, Debit or Credit Card instructions together with any other payments which you agree that Elev8 Coach may charge under that instruction.
(g) ELEV8 COACH may alter your Direct Debit, Debit or Credit Card instruction if your Subscription Payment changes for any reason.
(h) ELEV8 COACH may refuse your application for subscription to the Service based on the results of your credit standing using credit searches. ELEV8 COACH may from time to time assess your credit standing using credit searches. ELEV8 COACH will apply reasonable practices for the administration of your account based on the result of that credit search, including if we believe it is reasonable to apply different payment terms to your account. ELEV8 COACH will notify you in advance of any change in payment terms. Your right to cancel in the event of any such change to payment terms is set out below in Condition 10. ELEV8 COACH may use information from, and supply information to, outside agencies for credit searches.
(i) If we are unable to collect a Subscription payment, we will re-attempt collection. If collection continues to fail the subscription may be cancelled and the access to service removed. ELEV8 COACH reserves the right to collect any outstanding payments owed upon reinstatement of the Service.
(j) if you have missed any payments you owe to ELEV8 COACH, we can suspend provision of the Service without giving you notice. This does not affect our right to end the Contract under Condition 10 below.
5. AUTOMATIC RENEWAL
Your Contract will automatically renew at the end of the Contract term as follows: –
(i) Annual subscription: a further upfront prepaid annual subscription will be deducted in accordance with the payment method selected by you.
(ii) Monthly subscription: a recurring monthly payment at the standard monthly price will be deducted in accordance with the payment method selected by you.
By completing the subscription process you are entering into a contract. The Minimum Term of the Contract is one month. After one month your Contract will automatically become a rolling contract which will renew on the calendar day corresponding to the commencement date of your subscription.
6. COOLING OFF PERIOD
(a) You may cancel your Contract with ELEV8 COACH without giving a reason within fourteen (14) days of the date of conclusion of your Contract. This is your right under the EU (Consumer Information, Cancellation and Other Rights) Regulations 2013, SI 484 of 2013 (“the Regulations”), You may exercise this right by providing us with any unequivocal written statement to this effect which must be emailed to support@elev8coach.com
(b) It is important to note that if you requested the Service to begin during the withdrawal period, you shall be liable to pay an amount which is in proportion to the use of the Service up to the date you have advised us in writing that you wish to cancel your Contract.
7. SERVICE CONTENT
(a) ELEV8 COACH can replace, add or withdraw content. We can change, increase or reduce the number of sessions available. We may encrypt or unencrypt any service at any time.
(b) ELEV8 COACH can vary or withdraw any piece of content and vary or withdraw the Subscription you have chosen.
(c) If such changes constitute a significant reduction in the total amount of sessions within the Service, or the level of service of your chosen subscription, you may have a right to cancel the Contract under Condition 15 below.
(d) This Contract does not authorise you to receive any additional services.
(e) ELEV8 COACH may offer you extra channel(s) as part of the Service. If any increase in Subscription Payment would result from the addition of extra channel(s) we will notify you in accordance with Condition 4 above.
8. COPYING AND COPYRIGHT
(a) You must not do any of the following:-
(i) Copy, redistribute or relay the content or any part of them or otherwise deal with the content or any part of them.
(ii) Produce, supply or otherwise exploit any session, service or content (whether audio or audio-visual or otherwise) using the service or any part of them or otherwise use any part of the services for any commercial purpose whatsoever;
(iii) Sell or make any charge for watching/using the content or any part thereof; or
(iv) Show the content in public to an audience even if no charge is made or otherwise use the Service or any part thereof other than to view the content in private for non-commercial purposes.
(b) We may disable or alter remotely certain functions of your Elev8 Coach service so as to prevent you from copying the content and we may prevent you from receiving the content if your service allows copying of any content which we are bound by Contract to prevent.
9. HOW INFORMATION WE HOLD ABOUT YOU CAN BE USED
Please refer to our Privacy Notice for information about how your personal information will be used by ELEV8 COACH and its Group companies. A copy of the Privacy Notice is accessible on the Premier Sports website at www.elev8coach.com/privacy.
10. ENDING THE CONTRACT
a If you wish to end your Contract after the Minimum Term has been served or precisely at the end of the full term of the Contract you can cancel your ELEV8 COACH subscription at any time by emailing our support contact on support@elev8coach.com during office hours.
i For Monthly Subscriptions paid by credit/debit card you must contact us at least 5 working days before the next payment is due to avoid further payments being taken.
ii For Subscriptions paid by direct debit and Annual subscriptions we require a minimum of 15 working days to process a cancellation.
b If you cancel your subscription, access to the service will be removed at the end of your current billing cycle.
c If you break any of the Terms and Conditions of this Contract, or act in a way towards our staff or agents which we reasonably consider to be inappropriate ELEV8 COACH can terminate the Contract by giving you 7 days’ notice at any time (including during the Minimum Term).
d ELEV8 COACH can also terminate this Contract in relation to any service at any time (including during the Minimum Term) if we cease to operate for any reason.
e Except where you break the Terms and Conditions of this Contract or where we cease to operate, distribute or otherwise supply any service for any reason, we will not terminate this Contract during the Minimum Term. ELEV8 COACH may during that period and later vary this Contract and the service in the ways described in this Contract. ELEV8 COACH may terminate this Contract after the Minimum Term by giving you one (1) months’ notice.
f ELEV8 COACH will not refund any Subscription Payments or other payments made under this Contract if we end this Contract because you have broken these Terms and Conditions. If during the Minimum Term you end this Contract (other than when you have a right to do so) ELEV8 COACH ends it because you have broken the Terms and Conditions, you will have to compensate ELEV8 COACH for any reasonable loss or costs we suffer as a result which loss or costs shall include without limitation all Subscription Payments payable by you to ELEV8 COACH for the full Minimum Term.
g Notwithstanding any term to the contrary set out herein you shall have the right to cancel this Contract during the Minimum Term in accordance with the terms of Condition 10(a) for the following reasons only:
i If we change the Terms and Conditions in accordance with Condition 15;
(ii) If within any Minimum Term the Subscription Payment shall increase for any reason described in Conditions 4.
11. RIGHT TO TRANSFER THE CONTRACT
You may not transfer your rights or obligations under this Contract to anyone else. We can transfer some or all of our rights or obligations to another person, firm or company if this transfer does not affect the Service in a negative way.
12. NOTICES
If you give notice that is required under this Contract it must be in writing. If we give notice that is required under Conditions 10 or 16 of this Contract we shall only be required to post this notice on our official website (www.elev8coach.com). If we give notice that is required under any other Condition of this Contract it must be in writing.
13. COMPLAINTS
It is our wish to resolve any dispute, including any query which may relate to a refund, quickly and satisfactorily. You can contact ELEV8 COACH by emailing us at support@elev8coach.com.
14. YOUR ACCOUNT
(a) Where you have an account, your account acts as a key so that you can unlock (unencrypt) the Service. The account always remains the property of ELEV8 COACH.
(b) Only you may use the account which ELEV8 COACH assigns you. You can use the account on any of your devices and you must use it for private viewing purposes only. You must not use it for any commercial or business purposes. You are not entitled to transmit the Service or content onwards for viewing by third parties in any media whatsoever. If you do so, it is a breach of the Terms and Conditions and ELEV8 COACH shall immediately cancel your subscription, without refund and ELEV8 COACH reserves the right to pursue you in law for this breach and to provide your details to any other aggrieved parties.
(c) If you give the account login details to anybody else ELEV8 COACH shall make it invalid and terminate the contract. Doing so is a breach of the Terms and Conditions and ELEV8 COACH shall immediately cancel your subscription, without refund and ELEV8 COACH reserves the right to pursue you in law for this breach and to provide your details to any other aggrieved parties.
(d) You must not use the subscription for anything that ELEV8 COACH does not authorize.
(e) ELEV8 COACH will keep the service updated and you must keep your hardware updated to ensure the smooth running of the service.
15. CHANGING THE CONDITIONS
(a) We retain the right to make changes or to substitute these Terms and Conditions at any time. You have the right to withdraw from this Contract without penalty if you do not accept the amendment or substitution. If you do not object to the relevant change or substitution by giving notice to us within 30 days, the new Terms and Conditions shall apply to you.
(b) We will give you at least one (1) months’ notice of any changes or additions to these Terms and Conditions. We will not use this right to vary the terms of any special offer which applies to you, and which you have accepted during the term of the offer.
(c) All changes referred to in this Condition 15 will be posted on the Premier Sports official website at www.elev8.com.
16. LIABILITY
(a) By signing up to these Terms and Conditions and using any part of the Service you agree that you will be responsible for your actions and omissions. The Service may present links to third party websites, ads or offers not owned or controlled by ELEV8 COACH and for which we are not responsible. To the fullest extent permitted by law, we and our Group companies and agents exclude responsibility and all liabilities arising from:
i any use of Service which is not authorised by us;
ii ending, suspending or restricting the Service or content or any part of Service or content in accordance with these Terms and Conditions;
iii any malfunction or interruption to the Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
iv any delay, failure, act or default in relation to the provision of the Service and the content;
v incompatibility of the Service or content with any other software or hardware (including any Devices); and
vi any act or default of any third party supplier, device manufacturer or provider
(b) To the extent permitted by applicable law, we do not provide refunds or credits for any interruptions to any content provided by a commercial partner as part of the Service;
(c) We are not permitted to exclude our liability for certain matters. This Condition shall not affect any such liability that we have to you. If you require any advice on your legal rights, you can refer to your national consumer organization.
of the remaining provisions shall remain in full force and
17. SURVIVAL
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
18. LAW
(a) This Contract is governed by the laws of the UK and shall be subject to the exclusive jurisdiction of the UK courts.
(b) As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, (including the above Condition 18(a)) affects your rights as a consumer to rely on such mandatory provisions of local law.
These Terms and Conditions were last updated on 3.2.2020