ProZone
Terms & Conditions
Terms & Conditions
1.1 We are FUTURE FIT GROUP.
We’re a company registered in England and Wales with company number 13442367
Whose registered address is at Future Fit Group c/o Azets, Carnac Place, Cams Hall Estate, Fareham, Hampshire, PO16 8UY.
1.2. You can get hold of us in any of the following ways:
a. by telephoning us on 01329 823400;
b. by emailing us at prozone@futurefit.co.uk; or
c. by writing to us at Unit 54 BasePoint , Gosport Centre, Aerodrome Road, Gosport, Hampshire, PO13 0FQ.
1.3. In case you need it, our VAT number is 787531979.
Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including;
a. how we will provide you with the digital content that you have ordered
b. our payment terms and delivery times
c. the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
d. what you should do if there is a fault with the digital content that we have provided to you, and
e. how we will use your personal details
as well as other matters.
2.1. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
3.1. For information about how we collect and use your personal information, please see our general privacy notice, which is available here: www.futurefit.co.uk/privacy-policy/
When you place an order with us, the legal contract between you and us will only come into existence when we provide access to ProZone to you. If we tell you that we cannot provide ProZone to you for whatever reason, then we will not charge you for it. If we tell you that we are unable to provide ProZone, and we have already received payment from you, then we will promptly refund you.
5.1. In some circumstances we may need to make minor changes to the digital content that you ordered. As these are minor changes and will not affect your use of the digital content we will not usually contact you about these. These minor changes are likely to be:
a. because we need to update the digital content to implement a change in the law, or a regulatory requirement; and/or
b. because we need to make minor technical changes or enhancements, that will not affect your use or enjoyment of the digital content.
5.2. It is possible that exceptionally, we may need to make a major change to the digital content. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 14.1 (cancellation terms) of these terms and conditions will apply.
6.1. From time to time, we may need to update, or we may ask you to update, our digital content. We will ensure that even after this update, the digital content continues to match the description of it that was provided to you during the order process.
7.1. The price of the digital content will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.
7.2. Any costs for delivery of the digital content will be the amounts that were set out to you in the order process on our website.
7.3. When you need to pay us depends on whether the digital content we provide you with is provided on a one off or on a subscription basis:
7.4. We accept card payments made via Stripe.
8.1. Before you place your order we will let you know when we will deliver the digital content to you.
For subscriptions to digital content, we will provide the digital content to you during the times as told to you during the order process until the contract is cancelled by you (see section 14) or by us (see section 15) or until we withdraw the digital content (see section 16).
8.2. We will contact you if we are delayed in delivering ProZone to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any digital content that you have paid for but not yet received.
9.1. If something happens that means we must suspend the supply of the digital content to you, for example:
a. to make minor technical adjustments or to resolve technical issues,
b. to update the digital content to implement a change in law or any relevant regulatory requirement.
9.2. We will usually let you know in advance of any suspension unless it is an emergency, in which case we will let you know as soon as reasonably possible
9.3. If we are going to suspend the supply of digital content for more than seven days, then you may contact us to cancel the contract. We will provide you with a refund for the relevant digital content for which you have made payment, but have not yet received.
10.1. We will inform you during the order process of information that we need from you in order to provide you with the digital content.
10.2. If information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 15.2 will apply), or we may charge you for the additional costs that we incur as a result.
10.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the digital content, or if we do not provide any part of them to you.
11.1. We hope that you are satisfied with ProZone, but if there is a fault with it, then please contact us using the details set out in section 1.
11.2. We must provide digital content to you that meets your consumer rights.
11.3. This section 11.3 provides you with a summary of your consumer rights if there is a fault with the digital content that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
If we have provided you with digital content, the Consumer Rights Act 2015 says that the digital content must be as described, fit for purpose and of satisfactory quality and:
i. If your digital content is faulty, you’re entitled to a repair or replacement.
ii. If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
iii. If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
11.4. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 13.
12.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the digital content to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is ‘foreseeable’ if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
12.2. If we provide you with digital content that is faulty and that damages your device, we will either repair the device or pay compensation to you.
12.3. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the digital content (a summary of which is set out in section 11.3) or for providing you with defective items under the Consumer Protection Act 1987.
12.4. If we provide any advice to you, including in any instructions or manuals provided to you with ProZone, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
13.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 14 below.
13.2. When you buy digital content from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 13.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 13.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
13.3. For digital content (whether one-off or subscription) you have up to 14 days after the day we contact you to accept your order to cancel the contract.
13.4. If you want to cancel the contract because you have changed your mind, then you should let us know before the end of the cooling-off period (as calculated in accordance with section 13.3). Please contact us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel. An example form you can use is below.
| To Future Fit Training, |
| I hereby give notice that I [name] cancel my contract of sales of the following goods [product name] and/or services [services name]. |
| Ordered on [date] and received on [date]. |
| [Full name] |
| [Full address] |
| [Date] |
13.5. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the digital content within 14 days of the day after you let us know that you want to cancel the contract.
14.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 13, if any of the following circumstances apply, you have the right to cancel this contract immediately:
a. we have informed you that there was an error with the price or the description of ProZone when you placed the order, and you now do not wish to proceed based on the correct price or description;
b. there is a significant delay in providing ProZone to you, because of circumstances that are not within our control (see section 8.2);
c. we have informed you that we need to suspend the supply of ProZone to you, for any of the reasons set out in section 9.1, for more than a period of 7 days;
d. you have some other legal right to cancel the contract because of something we have done.
14.2. If you do cancel the contract for any of the above reasons (section 14.1(a) to 14.1(d), then we will provide you with a refund for ProZone covering the period of time that you have paid for but we have not provided.
14.3. If there is a fault with ProZone, please see section 11 of these terms and conditions.
14.4. If you are cancelling the contract for any other reason that is not set out in section 14.1 or section 13 (where you are cancelling the contract during the cooling-off period), then the contract will end at the end of the term you have prepaid for.
15.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
a. you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
b. you do not provide us with information that we have requested from you within a reasonable time (see section 10.1).
15.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 15.1), you will have access to the content until the end of the paid term.
16.1. If the digital content with which we provide you is made available on a subscription basis (and is not a one-off purchase), we may decide at some point in the future to stop providing it. If we decide to stop providing it, we will contact you at least 28 days before we stop providing it, to let you know. If you have made payment for digital content that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.
17.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
17.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
17.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
17.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
17.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
17.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
17.7. If you are dissatisfied with how we have handled your complaint you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
18.1. As a learner with Future Fit all personal data that you supply will be used for marketing, statistical and analytical purposes and to administer your training:
18.2. If you are a registered member of CIMSPA you can opt for your details to be sent to them or other relevant organisations in order for them to update your records with them. You can opt in/out of your data being sent to appropriate organisations regarding relevant completed content within ProZone or by emailing prozone@futurefit.co.uk.
18.3. Your data is kept on our systems for a period of seven years from your most recent month of receiving the service, after which it will be confidentially destroyed. Following this time, we will keep only the data we require to continue to administer your training, such as being able to provide you with replacement certificates. Non-personal data may be kept for analytical and statistical purposes. This does not include anything you have posted on any of our social media channels or third party websites, such as Trustpilot. We may be required to keep certain other information for a longer period of time, in order to be compliant with relevant regulations or requirements. We will not keep any other information except that stated above and will only keep information that we are required to keep for as long as we are required to keep it. We reserve the right to confidentially destroy data we do not find reasonable to keep earlier than seven years if we have reason to do so. This includes any payment information, which we will keep for a maximum of seven years.
18.4. We may keep additional data about you if you have given us consent to do so separately. This includes such data as contact information for ongoing marketing and promotional purposes if you have opted in to receiving these or testimonials you have provided.