These terms and conditions and any schedules (as may be varied from time to time) shall constitute your new temporary membership agreement (“Virtual Unlimited Membership Agreement” or “VUMA”) with Busylizzy governing the provision of virtual unlimited classes during the period of COVID-19 Premises closures (the “Period”). All existing Members will be automatically transferred onto this VUMA for the duration of the Period. Once this Period ends and classes resume at the Premises, your Membership will continue under the Membership Agreement at the time you joined Busylizzy.
By continuing as a member of Busylizzy, you are agreeing to accept the terms of this VUMA. We strongly recommend that you print out and save a copy of your and contact us in case of any issues.
“Booking” means the booking on the Website of a class or series of classes or other facilities and events provided by Busy Lizzy
“Busy Lizzy” (or “us, we our”) means Busylizzy Tunbridge Wells Limited, a company registered in England and Wales under company number 11879797 and whose registered address is at 26 Gorse Drive, Smallfield, Horley, RH6 9GJ.
“Club” means the Busylizzy Club you have chosen to join
“Commencement Date” means the date of this VUMA given below.
“VUMA Monthly Fees” means the monthly fee payable during the Period
“Membership” or“Member” (or “you” “your”) means your membership of a Busy Lizzy Club
“Partners” means third party businesses which assist in providing classes or other services to our Members (which shall include without limitation Premises, instructors, our third party payment processor or businesses that offer discounts or other services to Members)
“Premises” means any of the premises that Busy Lizzy usually provides its services to Members
“Services” means the provision of a closed members Facebook group where we will live stream Busylizzy classes every day (7 days a week) plus live talks from trusted professionals, guest speakers and boredom busting tips during the isolation period. A timetable of the classes will be published and promoted on the Website.
“Website” means [www.busylizzytunbridgewells.co.uk]
- Services and Fees
2.1 Members will be charged £20 per month for the Services
2.2 Apart from 2.3 below, all VUMA Fees paid are non-refundable (save for in the sole discretion of Busylizzy).
2.3. Any new Members that join during the Period are entitled to a 14 day cooling off period starting from the date of joining the Membership. If you no longer wish to be a Member within this 14 day trial period, please contact your Club where we will refund your VUMA Monthly Fee (less £1 per day used)
2.4 In order to access the Services you must have a Facebook account and accept the terms and conditions of Facebook (https://www.facebook.com/policies), you will be provided with an email confirming your access to a secure closed members Facebook page where you can access the Services via your existing Facebook account.
2.6 Payment for Fees is taken by our third party payment processor. Busylizzy does not have access to your payment card details. Once you leave our Website you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused in relation to using our Partner’s services.
2.7 We will take your first and any subsequent VUMA Monthly Fees on your usual payment date until you email us to terminate under section 3.3 below. You will automatically be moved onto a VUMA membership when your next payment comes up. (ie, if you have paid £65 on 2nd March then your Monthly Fee on 2nd April will be £20). We regret that we cannot issue refunds for any payments already taken.
2.8 Paying the VUMA Monthly Fee entitles the Member to have access to unlimited virtual classes.
2.9 we reserve the right to increase the VUMA Monthly Fee upon written notice if we increase the amount of classes available via the Services.
- Term and Termination
3.1 Your VUMA shall commence on the Commencement Date and shall continue until terminated in accordance with these terms.
3.2 We may terminate your Membership in the following circumstances (not limited to):
You breach any term of this VUMA
You provide us with false details
Fraudulent or abusive behaviour
Non-payment of Fees
Busylizzy reserves the right to terminate the offer of a Membership at any time and at its sole discretion. We will notify you of our decision to do so.
3.3 you may terminate this VUMA at any time by providing your Club with one months written notice. During that month you may still access the Services and we will take a final VUMA Monthly Fee on your usual payment date during that month.
3.4 We cannot pro-rata a refund of your final VUMA Monthly Fee.
3.5 you will no longer have access to the closed members Facebook group once you have terminated your VUMA.
3.6 any unused class credits on your account that you have accumulated as at the Commencement Date will be held on file until the end of the Period and will be available for use once our classes resume at the Premises (provided you have upgraded your Membership back to “pick and mix 4 or 8”). Should you choose to cancel your Membership at this time, any class credits will be lost. We will not provide refunds for any unused class credits.
4.1 you confirm that you are participating in our Services (i) at your own risk (ii) in a safe environment in your own home and (iii) you confirm that you are generally fit and healthy and have no underlying health issues that may adversely impact upon your participation in the Services. Please listen to your body and when in doubt, stop that particular exercise. You expressly waive and release any claim that you may have at any time for injury of any kind against us and our Partners. You assume all risk of injury by using the Services. Please do not use the Services if you are not willing to accept this responsibility.
4.2 No advice or information provided by us or our Partners shall create any warranty or legal obligation and we make no warranty that our Services shall meet your requirements or be fit for purpose. We try to make sure that all information that we post on the Website and provided as part of any Services is correct, and we will use reasonable care and skill in providing the Services to you. As long as we have done that (and subject to section 4.3 below) we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on the Website or provided through our Services.
4.3 Nothing in this section 4 shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law.
No rights shall be conferred by this VUMA on any third parties (other than Partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
You agree to indemnify us against all liabilities, claims and expenses arising from any breach of this VUMA by you.
Your Membership is not assignable to any third party. We may assign our obligations under this VUMA to a third party on written notice to you.
This VUMA supersedes all prior agreements between you and us and constitutes the entire agreement governing your current Membership.
This VUMA shall be governed by English law and any disputes shall be referred to the courts of England and Wales.
In the event of any issues with your Membership, please email your club directly.
We can amend the terms of this VUMA at any point during the Period and will notify you in writing of the amendments.
Dated 23rd March 2020