Legal Terms
These are the terms and conditions on which we supply goods and services to you. Please read these terms carefully before you purchase our services or goods from us. These terms tell you who we are, how we will provide the services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
We are Epulsive Ltd. trading as E-Pulsive (“E-Pulsive”) a company registered in England and Wales. Our company registration number is 9149627 and our address is 40 Kensington High Street, London W8 4PW.
E-Pulsive opening hours are fixed by E-Pulsive and are subject to change without prior notice.
You can contact us by telephoning us on 020 3900 1112 or by writing to us at contact@e-pulsive.co.uk. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us at the time you purchased our goods or services, or subscribed to our newsletters.
It is your responsibility to provide your accurate and up to date contacts details to us and inform us of any changes to your contact details.
When we use the words "writing" or "written" in these terms, this includes emails.
“Services” group classes, individual sessions, semi-individual sessions, memberships
“We, us, our” E-Pulsive
“You, your, yours” clients and customers of E-Pulsive
Our contract with you
Our acceptance to provide services to you will take place when we confirm to you that we are able to provide you with the services, at which point a contract will come into existence between you and us.
Please note that you must be at least 18 years of age to enter into a contract with us.
Memberships
Payment of monthly memberships and bundles can only be made by card. The payment date is determined by the date you sign up. Monthly membership prices are reviewed every 6 months. We will notify you of any changes via email giving you one month’s notice of any changes.
Our memberships and bundles are non-transferable from person to person and also not refundable. You can only cancel your membership within 30 days of commencement. Notice must be sent to contact@e-pulsive.co.uk.
You must disclose to us any relevant medical condition and fill in a health questionnaire with accurate and up to date information. You accept full responsibility for failing to disclose any medical conditions and allergies.
Membership freeze
You shall be allowed one membership freeze of up to 30 days within a 12-month period by giving us 10 days’ notice in writing to contact@e-pulsive.co.uk.
Cancellations
24 hours’ notice must be provided to cancel or adjust your session. Any session cancelled within 24 hours will be charged in full or credited from your membership or pack.
No shows
If you do not show up for your session, then the session will be charged in full or credited from pack or membership.
Health and safety
You must complete a 'Health Commitment Statement' (HCS) prior to using our services.
In case of any medical conditions, you will be required to sign a waiver stating that you are using our services at your own risk and will take full responsibility for any adverse effects to your health or wellbeing.
You take full responsibility for any injury or health condition sustained whilst using our facilities.
Your rights to make changes
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
We may change the services to reflect changes in the relevant laws and regulatory requirements or to implement minor adjustments and improvements. These changes will not affect your use of the services.
Providing the services
We will supply the services to you from the date we accept to provide the services to you for the duration of the service you have signed up for.
If our performance of the services is affected by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of a substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
If you do not pay us for the services when you are supposed to and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services.
Your rights to end the contract and refunds
You may contact us at any time to end the contract for the services, but we may charge you for doing so, as described below.
If you are ending the contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
- we have told you about an upcoming change to the services or these terms which you do not agree to;
- we have told you about an error in the price or description of the services you have purchased and you do not wish to proceed; or
- you have a legal right to end the contract because of something we have done wrong.
If you are not cancelling for any of the above reasons, our memberships and packs will not be refundable.
Please note that any cancellations outside of the cancellation period stated above are non-refundable.
Our rights to end the contract
We may end the contract at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
If we end the contract in the situations set above we will refund any money you have paid in advance for services we have not provided but we may deduct a cancellation charge.
If there is a problem with the services
If you have any questions or complaints about the services, please contact us. You can contact us by telephoning our service team or by writing to us. Alternatively, please speak to one of our staff at the studio.
Price and payment
The price of the services will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the prices of services advised to you are correct.
You must pay for all our services in advance.
Our responsibility for loss or damage suffered by you
Lockers are available for use by you whilst you are on our premises but lockers are subject to availability. You must remove your belongings from the locker at the end of each visit.
We reserve the right to open lockers without your permission or you being present.
All bags must be kept in lockers and should not be taken into the fitness areas.
We do not accept liability for any damage or loss to your personal property brought into our premises.
Lost property is held onsite for 2 weeks only after which time we reserve our right to dispose of the lost property items.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
How we may use your personal information
Please refer to our Privacy Policy.
CCTV
For your safety and safety of others, CCTV is in operation throughout our premises. We respect your privacy and there is no CCTV in the changing areas, or fitness studios.
Any activity deemed relevant for viewing within our premises may be reviewed at any time for legal use.
Other important terms
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need the consent of any person acquiring rights under our guarantee to end the contract or make any changes to these terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.
Terms of use of our website (“site”)
By using our site, you confirm that you accept the terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 23rd December 2021.
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
Prohibited uses
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data or send any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site;
- Not to access without authority, interfere with, damage or disrupt, any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
Intellectual Property Rights
You may use our site for personal use and in accordance with our terms of use. You may not copy or use any material from our site for any commercial purpose.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
The Intellectual Property rights in all contents of our site and supplied as part of the products or services, and in the E-Pulsive and E-Pulsive Space brands’ trade marks and logos (“Materials”) are owned by us. You must not use the E-Pulsive and/or E-Pulsive Space brands, logos or marks without a written licence from us. Except to the extent expressly set out by us, you are not allowed to make any copies of any part of any Materials, or remove or change anything on our site, include or create links to or from our site without our written authority, or remove or change any copyright, trade mark or other Intellectual Property right notices contained in any Materials or copies thereof.