Terms

Dispute Resolution and Governing Law

These Terms and Conditions shall be governed by, and interpreted and enforced in accordance with, the laws of England and Wales applicable therein. Any claim, dispute or controversy shall be brought before the competent courts of England and Wales, and the parties attorn to the jurisdiction of such courts. This provision shall survive the termination of your right to use this site.

  1. General Terms for the Kick Sculpt Portal

These Terms Relate solely to the content that is accessible from this site.

You Accept that you have been provided with the opportunity to read and accept this agreement before using any of the services offered. We advise that you revisit this agreement on each visit to this service. If you do not wish to be bound by this agreement and/or the Privacy Policy, you may not access or use the Services (as defined below) and should exit immediately.

Users may join the service where available via internet promotions and payable through:

  • Credit/Debit Card Registration
  • Subscribers to Kick Sculpt will receive a link in a receipt email message immediately after purchase that will allow access to the content currently available and updates daily. Content links will be delivered to subscribers within free to receive emails. Subscription rates are as advertised on the promotions, promoted payment page and confirmed in the receipts received after purchase.
  • Content is only available to subscribers who have been successfully charged the current billing cycle’s subscription. Kick Sculpt reserve the right to withdraw access to any subscriber who has not been successfully charged prevailing the subscription period.
  • Valid Subscribers can use as many content items as they wish from the content that is available in the library.
  • Please be aware, the quantity and category of available contents are liable to change from time to time.
  • A fair usage policy applies to all content. The promoter reserves the right to withdraw the service from a. Subscriber if there is reasonable evidence to show that a subscriber has been attempting to use the service against the rules and spirit of these Terms & Conditions.
  • The content available should be optimised with most widely available mobile phones. If you are experiencing any issues, the subscriber should conbtact customer services by the promoted means.
  • Old links to the content may expire. Subscribers are encouraged to use the most recent link to the content that has been delivered by the promoter.
  • The Promoter accepts no responsibility for any system or network errors. This includes any issues out of our control that may result in disruption to access of delivery of the promoted content.
  • The promoter shall not be liable: For any loss of damage that we could not reasonably been expected to foresee at the start of the agreement, or for any loss of or corruption to data, systems or equipment, or for the actions of any independent third parties in connection with the availability and/or delivery of the promoted content or any unforeseen circumstances that may prevent access to the promoted content or delivery of the content.
  • Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
  • We aim to meet high standards and our policies and procedures are, therefore, constantly under review. From time to time, we may update our Terms and Conditions and Privacy Policies to optimise the user experience and to comply with legal and regulatory obligations. Accordingly, we recommend that you check on our website periodically in order to review our current policies.
  • Entry to the promotion is deemed as acceptance to these terms and conditions.
  • The Promoter is Kick Sculpt, a brand name of Crunchnetic Ltd. Correspondence address:

35/37 Ludgate Hill London England EC4M 7JN

  1. Your Representations

2.1 By registering for, and using this service, you hereby confirm to us at all such times that you:

  • Are located in the United Kingdom.
  • Are aged 18 years or over.
  • Are of sound mind and capable of taking responsibility for your own actions.
  • Can enter into a legally binding agreement and you are the person whose details are provided in connection with your registration.
  • Are the authorised owner of the mobile device which you registered to your account during the registration proves.

2.2. Persons in breach of this agreement are not entitled to access and/or use the service. You cannot use the service unless you have first registered with us.

2.3. You hereby warrant to us that all information provided in your registration and all personal information provided to us is complete, accurate and not misleading. You also undertake to access and/or use the service for legitimate and personal entertainment purposes only.

  1. Fair Usage Policy
    • A small number of users may be responsible for using a large amount of our services, which can impact the service we offer to other customers. Our fair usage policy designed to ensure that all customers receive equal opportunity to use the service.
  1. Our Liability.
    • The liability of the promoter and its associated/managing companies shall be limited to the amount of the subscription charges actually paid.
    • We shall not be liable to:
  • For any loss or damage that we could not have reasonably been expected to foresee at the start of the agreement, or for any loss of or corruption of data, systems or equipment.
  • For the actions of any independent third parties in connection to the availability or delivery of the content, in particular any unforeseen circumstances that may prevent the content form being readily available.
    • Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by our negligence.
  1. Viruses, Hacking and other offences.
  • By utilizing this service, you hereby agree not to engage in or endorse the misuse of the service by introducing viruses, Trojans, worms, logic bombs, or any other malicious or technologically harmful material. Unauthorized attempts to access the service, its hosting server, or any connected server, computer, or database are strictly prohibited. Additionally, any attempts to disrupt or attack the service are forbidden.
  • Violation of the aforementioned terms constitutes a criminal offence under Computer Misuse Act of 1990. In such cases, we will promptly report any breaches to the relevant law enforcement authorities and will fully cooperate by disclosing your identity and personal information as required.
  • In the event of any breaches as described above, your right to use the service will be terminated immediately without prior notice, and no liability shall be assumed by us.
  • We disclaim any responsibility for loss or damage resulting from distributed denial-of-service attacks, viruses, or other technologically harmful materials that may infect your computer equipment, programs, data and other proprietary material due to your use of the service or your downloading of any games, materials, or services linked to it.
  1. Copying
    • Unauthorised downloading, use of copying of the service materials, unless explicitly permitted otherwise in this Agreement, is strictly prohibited. Specifically, you consent to utilizing the service materials exclusively for your personal, non-commercial purposes and expressly refrain from employing them for any Business, Commercial or Public endeavours.
  1. Promotions
    • Periodically, we may conduct promotions, encompassing, but not limited to, the distribution of complimentary products from featured brands. Access to these promotions is free but contingent upon completing your full registration your full registration for the service.
    • The guidelines for participating in or accessing any promotions will be presented on the service and occasionally may be limited to individuals who are first-time users without an existing account. For the purposes of this Agreement, a ‘first-time user’ refers to a customer who has not previously subscribed to the service.
  1. Email & Mobile Marketing – Terms & Conditions
    • By providing your email and/or mobile number, you consent to receiving occasional emails or texts from Kick Sculpt and its affiliated/managed companies, informing you of the latest offers and promotions within our group. If you wish to opt out of our email/text communications, you can use the ‘UNSUBSCRIBE’ link at the bottom of each promoted page or contact us at 020 8125 3903. Upon taking either action, you will be excluded from future broadcasts.
  1. Complaints Procedure

We strive to consistently address the needs of those who reach out to us, recognizing that there may be instances where satisfaction with the provided service is not achieved. If you wish to file a complaint regarding your interaction or the service received from us, this policy outlines the process for you to follow.

Every complaint will be handled appropriately and investigated by a staff member within the company possessing the necessary seniority to address the issues. Throughout the complaint resolution process, we commit to treating you with respect, and in return, we expect a similar level of courtesy towards our staff. Please be advised that all customer service calls are recorded, and our staff retains the right to conclude any call deemed abusive or threatening.

While the majority of complains can be resolved during the initial contact, this may not always be feasible. Our goal is to complete all investigations and resolve complaints within 10 working days from the date of complaint.

How to make a complaint.

 

You can register complaints either by phone or email using the contact details that have been provided below:

If you are paying via Credit/Debit Card:

Telephone: 0333 880 1620

Email: [email protected]

To ensure your complaint is accurately recorded, please furnish us with the following details:

  • Your full name, preferred contact method, phone number and email address.
  • Your postal address for potential written communication.
  • Comprehensive information about the complaint, including any interactions you’ve had with us or our services. It is recommended to specify what transpired, when it occurred, who you interacted with (if applicable), areas requiring further clarification, reason for considering the incident incorrect, and your desired resolution.

All provided information shall be treated as private and confidential, solely for the purpose of investigating and responding to the complaint. Unless absolutely necessary for a thorough investigation, this information will not be disclosed to any third parties. By filing a complaint, you agree to the possibility of such disclosure.

Individuals Eligible to File a Complaint

 

A complaint can be initiated by either an individual who has directly received services from or has a connection to Crunchnetic Ltd., or a designated representative of the aforementioned service user, In cases where a representative seeks to file a complaint on behalf of another individual, they may need to furnish evidence confirming their authorization from the service user to submit the complaint or inquiry on their behalf.

Post-Complaint Submission Protocol

When a complaint is lodged in person or via telephone:

  1. A written record of the complaint will be documented and retained, available upon request.
  2. If feasible, the phone call will be recorded for reference purposes.

All complaints will receive a response within 5 working days. However, if further investigation is required before offering a comprehensive explanation or resolution, our commitment is to address and resolve your complaint within 10 working days. Throughout the complaint-handling process, we will adhere to the procedures outlined in this policy, unless alternative arrangements have been mutually agreed upon with the complaint. We assure you of the following:

  • You will be informed of the appropriate steps to advance your complaint and kept updated on its progress.
  • Swift notification of the outcome of your complaint will be provided.
  • Your complaint and the information you share with us will be treated with utmost confidentially.

If your complaint is substantiated, we will communicate the specific actions we intend to take to rectify the situation.

The complaint may present a valid reason for the delayed submission of their complaint, provided that the delay does not hinder effective and impartial investigation.

In cases where the complaint involves a dispute regarding the utilization or registration of one of our services, the complaint may be asked to furnish evidence substantiating their claim (e.g., a copy of the mobile phone bill). Any additional information or documentation requested form the complainant will be used exclusively for the purpose investigating and responding to the complaint and will be treated with confidentiality.

If dissatisfied with the outcome of our investigation, complaints retain the right to refer their complaint to the relevant governing body. It is essential to note that such referrals must be initiated by the complainant and will not be made by Crunchnetic Ltd. On their behalf.

Upon request, all complainants will have the opportunity to receive an acknowledgement letter or email. This correspondence will not only address the substance of the complaint but also provide insights into how the complaint has been handles thus far and an estimated timeframe for completing the investigation.

Upon completion of investigations, a report can be furnished upon request, encompassing:

1. A comprehensive elucidation of the considerations given to the complaint.

2.Conclusive Findings, inclusive of any required remedial measures.

  1. Verification that the necessary actions have been either executed or, if pending, a proposed timeline for their completion.

In cases where it is deemed necessary, a letter or email will be dispatched to the complainant., detailing the aforementioned information and reiterating their right to escalate the matter if dissatisfied with the outcome.

Should circumstances impede the delivery of a response or the final outcome within 10 working days, the complainant will be duly notified, accompanied by an explanation for the delay.

It is important to note that if you are a PayPal customer and out Customer Service team has initiated a refund (which may take up to 5 working days to process), and you opt to initiate a dispute via PayPal during this period, we reserve the right to retract the offered refund, allowing PayPal to investigate and provide a resolution.

  1. Cancellation

Should you choose to withdraw from the service within a 14-day period, you are entitled to request a refund for charges incurred during the initial two weeks of service. If you decide to proceed with these options within the first 14 days from your entry date, kindly reach out to the Customer Service team on 020 8125 3903.

You have the option to terminate your membership at any time, and you will retain access to the content service until the conclusion of your monthly billing period. It is essential to note that to prevent subsequent billing, you must cancel your subscription before each renewal at the end of the monthly period. To cancel your account, you may contact our live agents on 0333 880 1620, or you can send an email to [email protected] , and a member of our team will contact you within 48 hours.

  1. PayPal weekly Access- General Terms & Conditions Credit/Debit Card Billing
  • Upon entering the service and completing the payment through one of our online promotions utilizing the credit/debit card billing mechanism, you will receive a confirmation email verifying your subscription.
  • After the conclusion of any applicable free trial, if entered during such a period, your bank account will be charged £39.90 monthly, commencing from the day of your initial entry until the termination of your subscription. By initiating your Kick Sculpt membership through the selection of a free trial or the immediate purchase of an account, you explicitly authorize us to charge a monthly membership fee at the prevailing rate and any associated charges to the Payment Method provided during registration (or a different Payment Method if your account information changes).
  • Please be aware that prices and charges are subject to change with advance notice. Billing events will reflect either a charge or debit against your Payment Method. The membership fee will be invoiced at the onset of the paying phase of your membership and subsequently every month unless you opt to cancel your subscription. Billing occurs automatically on the calendar day corresponding to the initiation of your paying membership. In certain instances, your billing date may be adjusted, such as if your Payment Method encounters an issue or if your premium membership began on a day does not present in a given month.