SW7 ACADEMY
TERMS AND CONDITIONS FOR DIGITAL MEMBERSHIPS AND ONLINE SERVICES

Last updated: [INSERT DATE]

1. ABOUT THESE TERMS

1.1 These terms and conditions apply to digital memberships, online training programmes, digital content and online coaching services supplied by Davies Warburton Limited, trading as SW7 Academy.

1.2 Please read these terms carefully before purchasing a membership, programme or service. They explain:

• who we are;

• what we provide;

• how payments and renewals work;

• how to cancel a subscription;

• when refunds may be available;

• the rules for using our digital content; and

• our respective legal rights and responsibilities.

1.3 By completing a purchase, you confirm that:

• you have read and accepted these terms;

• the information you provide is accurate and complete;

• you have authority to enter into this agreement; and

• where applicable, you consent to receiving immediate access to our digital content.

1.4 Nothing in these terms affects your statutory rights.

2. ABOUT SW7 ACADEMY

2.1 SW7 Academy is operated by:

Davies Warburton Limited
Unit R1
Capital Business Park
Cardiff
CF3 2PU

2.2 You can contact us by emailing:

team@sw7academy.com

2.3 When these terms refer to “SW7 Academy”, “SW7”, “we”, “us” or “our”, they mean Davies Warburton Limited.

2.4 When these terms refer to “you” or “your”, they mean the person purchasing or using the membership, programme or service.

3. OUR DIGITAL PRODUCTS AND SERVICES

3.1 Depending on the option you purchase, SW7 Academy may provide:

• access to online training programmes;

• workouts and exercise plans;

• instructional and educational videos;

• nutrition resources;

• downloadable or viewable digital materials;

• progress-tracking tools;

• access to an application or online platform;

• online community features;

• general coaching support;

• one-to-one online coaching; and

• other digital fitness or performance-related content.

3.2 The exact content, features, access period and level of support included in your purchase will be explained on the relevant sales page or at checkout.

3.3 Our memberships and programmes are digital products. Nothing will be physically delivered to you unless we expressly state otherwise before you purchase.

3.4 Images, videos, programme previews and descriptions are provided to help explain the membership or service. Minor differences in presentation, layout or appearance may occur depending on the device, platform or application you use.

3.5 We may improve, update or replace individual workouts, exercises, videos, resources or platform features during your membership. Any changes will not materially reduce the overall service you purchased.

4. PLACING AN ORDER

4.1 Your order is an offer to purchase the selected membership, programme or service.

4.2 A contract between you and SW7 Academy comes into existence when:

• we accept your payment;

• we send you confirmation of your purchase; or

• we provide you with access to the digital content,

whichever happens first.

4.3 If we cannot accept your order, we will notify you and refund any payment already taken.

4.4 We may refuse or cancel an order where:

• payment has not been authorised;

• the price or description contained an obvious error;

• we reasonably suspect fraudulent or unauthorised activity;

• you have previously seriously breached these terms; or

• we are unable to provide the selected service.

5. ACCESS TO DIGITAL CONTENT

5.1 Unless stated otherwise, access to digital memberships and online programmes is provided shortly after payment has been successfully completed.

5.2 You are responsible for:

• providing an accurate email address;

• keeping your login details secure;

• using a compatible device;

• maintaining an adequate internet connection;

• downloading any required application or software; and

• ensuring your device meets the relevant technical requirements.

5.3 You must contact us promptly if you experience difficulty accessing your membership or programme.

5.4 We are not responsible for access problems caused by:

• incorrect information supplied by you;

• your device or internet connection;

• your failure to install updates;

• third-party app store or platform disruption; or

• circumstances outside our reasonable control.

5.5 We will take reasonable steps to resolve technical problems that are within our control.

6. ACCOUNT USE

6.1 Your membership and account are personal to you.

6.2 You must not:

• share your login details with another person;

• allow another person to use your membership;

• copy, record, screenshot, reproduce or distribute our programmes or resources except for your own reasonable personal use;

• upload our content to another website, application or platform;

• sell, licence or commercially exploit our content;

• remove branding, copyright notices or ownership information;

• use our content to create or support a competing product or service; or

• attempt to gain unauthorised access to our systems or content.

6.3 Where we reasonably believe an account is being shared, misused or used in breach of these terms, we may suspend or terminate access.

7. PRICES AND PAYMENT

7.1 The price of your membership, programme or service will be shown before you complete your purchase.

7.2 Prices include VAT where applicable.

7.3 Payment must be made using one of the payment methods available at checkout.

7.4 Payments may be processed by a third-party payment provider. Your use of that provider may also be subject to its own terms and conditions.

7.5 You are responsible for ensuring that your payment information remains accurate and up to date.

7.6 If a payment fails, we may:

• attempt to take payment again;

• ask you to update your payment details; and

• suspend access until payment is received.

8. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

8.1 Where you purchase a recurring subscription, it will automatically renew at the frequency shown at checkout, such as monthly or annually.

8.2 The relevant subscription payment will be taken automatically using your selected payment method unless you cancel before the next payment is taken.

8.3 By purchasing a recurring subscription, you authorise us and our payment provider to take the applicable recurring payments until the subscription is cancelled.

8.4 Your renewal date will normally correspond with the date on which you originally subscribed. The precise date may vary slightly due to weekends, banking processing times or payment-provider requirements.

8.5 We may change the subscription price by giving you reasonable notice. If you do not agree to the new price, you may cancel before it takes effect.

9. CANCELLATION AND STATUTORY RIGHTS

9.1 You may request cancellation of your subscription at any time by emailing:

team@sw7academy.com

9.2 Cancelling your subscription prevents further renewal payments from being taken. Unless you qualify for a refund under Sections 10 or 12, you will retain access to the SW7 Academy app and your subscription until the end of your current paid subscription period.

9.3 Cancelling a subscription and requesting a refund are different. Your right to stop future renewals is not affected by the expiry of any refund period.

9.4 Our memberships include digital content that is made available immediately after purchase. This may include complete training programmes, workouts, videos and other resources.

9.5 When purchasing a product you are:

• expressly consenting to SW7 Academy supplying the digital content immediately; and
• acknowledge that your statutory 14-day right to change your mind will end once supply of the digital content begins.

9.6 This does not prevent you from cancelling future subscription renewals at any time. It relates only to the statutory cooling-off right and entitlement to a refund for digital content that has already been supplied.

9.7 If the legally required consent, acknowledgement or confirmation has not been obtained, any statutory cancellation rights that apply to you will remain unaffected.

9.8 Nothing in these terms limits your legal rights where digital content or services are faulty, misdescribed, unavailable or not supplied as agreed.

10. REFUNDS FOR NEW SUBSCRIPTIONS

10.1 SW7 Academy provides a 72-hour refund period for new subscriptions.

10.2 To qualify for a refund of your initial subscription payment, you must:

• email team@sw7academy.com;
• send your email within 72 hours of the date and time your initial payment was taken;
• provide your full name and the email address connected to your account; and
• clearly state that you wish to cancel your subscription and request a refund.

10.3 The 72-hour period begins when your initial subscription payment is taken, not when you first access or use the app.

10.4 If your eligible refund request is received within 72 hours:

• your subscription will be cancelled;
• your initial payment will be refunded;
• your access to the app and digital content will be removed immediately; and
• no further subscription payments will be taken.

10.5 Once 72 hours have passed, you will no longer qualify for a refund of your initial payment under SW7 Academy’s refund policy merely because you have changed your mind, have not used the membership or no longer wish to continue.

10.6 You may still cancel your subscription after the 72-hour refund period. Your cancellation will prevent any further renewal payments from being taken, but you will retain access until the end of your current paid subscription period.

10.7 This refund policy does not limit any statutory rights that cannot legally be excluded.

11. HOW TO CANCEL YOUR SUBSCRIPTION

11.1 You can request cancellation at any time by emailing:

team@sw7academy.com

11.2 Your cancellation email must include:

• your full name;
• the email address connected to your account; and
• a clear statement that you wish to cancel your subscription.

11.3 To avoid being charged for your next subscription period, your cancellation email must be sent before the next payment is taken.

11.4 We process emails from oldest to newest and respond within two working days.

11.5 The date and time you send your email will be used to determine when your cancellation request was made. Your eligibility will not be affected if we do not read or respond to your email until a later working day.

11.6 You should retain a copy of your sent email as evidence of the date and time it was submitted.

11.7 Unless you qualify for a refund, your cancellation will take effect at the end of your current paid subscription period. You will retain access until that date, after which your access will end and no further payments will be taken.

11.8 Deleting the SW7 Academy app, stopping use of the programme or removing your payment information does not cancel your subscription. You must follow the cancellation process set out above.

12. REFUNDS FOLLOWING A RECURRING PAYMENT

12.1 If a recurring monthly subscription payment has already been taken, you may cancel and request a refund of that payment within 48 hours.

12.2 To qualify for a refund, you must:

• email team@sw7academy.com;
• send your email within 48 hours of the date and time the recurring payment was taken;
• provide your full name and the email address connected to your account; and
• clearly state that you wish to cancel your subscription and request a refund.

12.3 If your eligible request is received within 48 hours:

• your subscription will be cancelled;
• the relevant recurring payment will be refunded;
• your access to the app and digital content will be removed immediately; and
• no further subscription payments will be taken.

12.4 If your cancellation request is received more than 48 hours after the recurring payment was taken:

• the payment already taken will not normally be refunded;
• your cancellation will still be processed;
• you will retain access until the end of your current paid subscription period; and
• no further renewal payments will be taken.

12.5 The date and time your email was sent will determine whether your request falls within the 48-hour refund period, even if we read or respond to it later.

12.6 The 48-hour refund period applies to recurring monthly subscription payments. It does not apply to annual renewals, fixed-term programmes or one-off purchases unless expressly stated otherwise or required by law.

12.7 This policy does not affect your statutory rights where digital content or services are faulty, misdescribed or not supplied as agreed.

13. ANNUAL MEMBERSHIPS AND FIXED-TERM PROGRAMMES

13.1 Annual memberships, fixed-term programmes and other products paid for in advance are non-refundable once any applicable statutory cancellation right or stated 72-hour goodwill refund period has ended.

13.2 Cancelling an annual or fixed-term product does not entitle you to a full or partial refund for any unused period, except where required by law.

13.3 If an annual membership automatically renews, you must contact us before the renewal payment is taken to prevent the renewal.

13.4 The 48-hour recurring monthly payment policy does not automatically apply to an annual renewal. This will be determined by app usage. 

14. PURCHASES THROUGH APPLE, GOOGLE OR ANOTHER THIRD PARTY

14.1 If you purchase a subscription through Apple, Google Play or another third-party platform, that platform may manage your payment, renewal, cancellation and refund.

14.2 Where a third-party platform controls the subscription, you may need to cancel directly through that platform. Emailing SW7 Academy may not be sufficient to prevent the platform from taking another payment.

14.3 Any refund for a payment collected directly by a third-party platform will need to be requested from that platform and will be subject to its applicable processes and terms.

14.4 SW7 Academy cannot directly cancel or refund a subscription where the payment and subscription are controlled entirely by a third-party platform.

15. REFUND PROCESSING

15.1 Where a refund is approved, it will normally be returned using the original payment method.

15.2 We will process approved refunds without undue delay and within any period required by law.

15.3 After we process a refund, the time taken for the funds to appear in your account will depend on your bank or payment provider.

15.4 Any refund issued under our goodwill policy is provided without admission of liability.

16. CHANGES TO MEMBERSHIPS AND PROGRAMMES

16.1 We may make reasonable changes to our digital content or services to:

• improve the membership or programme;

• update training methods or educational information;

• replace outdated content;

• address technical or security issues;

• comply with legal or regulatory requirements; or

• respond to changes made by an application or platform provider.

16.2 We may add, remove or replace individual workouts, videos, resources, features or coaches where this does not materially reduce the overall service purchased.

16.3 If we make a significant change that materially disadvantages you, we will provide reasonable notice where possible and explain any cancellation rights available to you.

17. AVAILABILITY AND SUSPENSION

17.1 We aim to keep our digital services available, but uninterrupted access cannot be guaranteed.

17.2 Access may occasionally be restricted because of:

• planned maintenance;

• emergency maintenance;

• technical problems;

• cybersecurity concerns;

• third-party platform disruption; or

• circumstances outside our reasonable control.

17.3 We will take reasonable steps to restore access as soon as reasonably possible.

17.4 We may suspend your access if:

• payment is overdue;

• you misuse the platform;

• you share your account;

• you infringe our intellectual property;

• your behaviour towards our staff, coaches or community members is abusive, threatening or inappropriate; or

• you otherwise seriously breach these terms.

18. ENDING YOUR ACCESS

18.1 We may end your membership or access immediately where you seriously or repeatedly breach these terms.

18.2 If access is ended because of your serious breach, you will not normally be entitled to a refund.

18.3 We may stop providing a membership, programme or service for commercial, operational or technical reasons.

18.4 If we end a paid service before the end of a period for which you have paid, and the termination is not caused by your breach, we will provide an appropriate refund for any paid period that will not be supplied.

19. FITNESS, HEALTH AND MEDICAL RESPONSIBILITY

19.1 SW7 Academy provides general fitness, strength, conditioning, performance and educational content.

19.2 Our digital content is not medical advice and is not a substitute for assessment, diagnosis or treatment by a qualified healthcare professional.

19.3 Before beginning a programme, you are responsible for making sure that it is appropriate for your health, fitness level, experience, equipment and circumstances.

19.4 You should seek advice from a doctor or suitably qualified healthcare professional before beginning a programme if you:

• have an existing medical condition;

• are injured or recovering from injury;

• are pregnant or have recently given birth;

• have been advised to limit physical activity;

• are unsure whether exercise is suitable for you; or

• experience pain, dizziness, faintness, unusual shortness of breath or other concerning symptoms.

19.5 You must stop exercising and seek appropriate advice if you experience pain, injury or concerning symptoms.

19.6 You are responsible for:

• selecting appropriate weights and intensity;

• using suitable equipment;

• exercising in a safe environment;

• following exercise instructions carefully; and

• working within your own abilities.

19.7 Individual results will vary. We do not guarantee particular fitness, performance, body-composition or sporting results.

20. USERS UNDER 18

20.1 If the person using a programme is under 18, the purchase must be made or approved by their parent or legal guardian.

20.2 The parent or legal guardian is responsible for:

• deciding whether the programme is appropriate;

• ensuring suitable supervision where necessary;

• ensuring exercises are performed safely;

• providing accurate information; and

• arranging medical advice where appropriate.

20.3 Our programmes do not replace appropriate in-person supervision, safeguarding or medical care.

21. INTELLECTUAL PROPERTY

21.1 All intellectual property rights in our programmes, workouts, videos, graphics, written resources, branding, systems and other content belong to SW7 Academy or our licensors.

21.2 Purchasing a membership gives you a limited, personal, non-exclusive and non-transferable right to access and use the content for your own private training.

21.3 You do not acquire ownership of the content.

21.4 You must not reproduce, distribute, sell, publish, share or commercially exploit our content without our prior written permission.

21.5 We may take action to protect our intellectual property if our content is copied, shared, resold or used without permission.

22. YOUR LEGAL RIGHTS

22.1 We are under a legal duty to provide digital content and services that conform to the contract.

22.2 Under the Consumer Rights Act 2015, digital content must be:

• as described;

• fit for a particular purpose made known to us, where applicable; and

• of satisfactory quality.

22.3 If digital content is faulty, you may be entitled to a repair or replacement. If the problem cannot be fixed within a reasonable time and without significant inconvenience, you may be entitled to an appropriate price reduction.

22.4 Services must be performed with reasonable care and skill.

22.5 Nothing in these terms excludes or limits the legal rights available to you as a consumer.

23. OUR RESPONSIBILITY TO YOU

23.1 We are responsible for foreseeable loss or damage caused by our breach of these terms or our failure to use reasonable care and skill.

23.2 We are not responsible for loss or damage that is not foreseeable.

23.3 Nothing in these terms excludes or limits liability where doing so would be unlawful, including liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation; or

• breach of legal rights that cannot lawfully be excluded.

23.4 We are not responsible for injury or loss caused by:

• your failure to follow programme instructions;

• your use of unsuitable equipment;

• exercising in an unsafe environment;

• your failure to disclose or obtain advice about a relevant medical condition;

• performing exercises beyond your ability; or

• unauthorised use of your account,

except to the extent that the injury or loss was caused by our negligence or breach of legal duty.

23.5 We provide memberships and programmes for personal use. We are not liable for business losses, loss of profit, loss of business or loss of commercial opportunity.

24. PERSONAL INFORMATION

24.1 We will use your personal information in accordance with our Privacy Policy.

24.2 You are responsible for ensuring the information connected to your account is accurate and current.

25. COMMUNICATIONS

25.1 We may contact you using the email address or other contact information associated with your account.

25.2 References to “writing” in these terms include email.

25.3 You are responsible for checking your email address and keeping your contact information up to date.

26. OTHER IMPORTANT TERMS

26.1 We may transfer our rights and obligations under this agreement to another organisation. If this happens, the transfer will not reduce your legal rights.

26.2 You may not transfer your membership or your rights under these terms to another person without our written agreement.

26.3 This agreement is between you and SW7 Academy. No other person has the right to enforce its terms, except where the law provides otherwise.

26.4 Each section of these terms operates separately. If a court or relevant authority finds that one section is unlawful or unenforceable, the remaining sections will continue in effect.

26.5 If we delay enforcing these terms, that does not prevent us from enforcing them later.

26.6 These terms, together with the information provided at checkout and any applicable programme description, form the agreement between you and SW7 Academy.

27. GOVERNING LAW

27.1 These terms are governed by the laws of England and Wales.

27.2 If you live in England or Wales, you may bring legal proceedings in the courts of England and Wales.

27.3 If you live in Scotland or Northern Ireland, you may also be entitled to bring proceedings in your local courts.

28. CONTACTING US

For questions, complaints, cancellations or eligible refund requests, please email:

team@sw7academy.com

Please include:

• your full name;

• the email address connected to your SW7 account;

• the reason for contacting us; and

• a clear statement if you are requesting cancellation or a refund.