The Fast 800 – App Membership Terms & Conditions
These Conditions, together with the App Subscription Terms & Conditions, and any and all other documents referred to herein, set out the terms on which we provide access to Services to registered account holders through this App. Please read these Conditions carefully and ensure that you understand them before purchasing Services from us. You will be required to accept these Terms & Conditions when ordering Services.
The App is owned and operated by Healthlab Online Limited (trading as The Fast 800), Registered Number 10616389 (the “Supplier”) whose registered office is at 9 Thorney Leys Park, Witney, Oxfordshire, OX28 4GE. Use of our App is subject to our App Subscription and App Membership Terms & Conditions. Please ensure that you have read them carefully and that you understand them.
1.1. Definitions. In these Conditions, the following definitions apply:
1.1.1. Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1.1.2. Conditions: the terms and conditions set out in this document as amended from time to time in accordance with the Conditions.
1.1.3. Contract: the agreement and contract between the Supplier and the Customer for the provision of the Services in accordance with these Conditions and any other terms referred to herein.
1.1.4. Customer: the person who purchases Services from the Supplier.
1.1.5. Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.1.6. Order: the Customer’s order of an App Subscription, for Services, via the third-party app store providers.
1.1.7. Programme: the Supplier’s 12-week course and subsequent ongoing membership, for the provision of Services that commences on the Commencement Date and is completed on the next billing date following a cancellation.
1.1.8. Services: online content related to meal and exercise planning services, quizzes, monitored community and educational and mindfulness content, supplied by the Supplier to the Customer in accordance with the Order.
1.1.9. Membership: The Customer’s access to the App (and associated Services), enabled by the App Subscription. Customers entering into a Membership are agreeing to, and agree to abide by, the Conditions set out in this document.
1.1.10 App Subscription: The subscription agreement between the customer and third-party app store providers.
1.1.11. Trial Period: has the meaning given to it in Clause 4.1.
1.1.12. App: the iOS or Android app, available via the app store provider (Apple App Store or Google Play store).
1.2. Construction. In these Conditions, the following rules apply:
1.2.1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2. a reference to a party includes its personal representatives, successors and permitted assigns;
1.2.3. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted includes any subordinate legislation made under that statute or statutory provision as amended or re-enacted;
1.2.4. any obligation on a party not to do something includes an obligation not to allow that thing to be done;
1.2.5. any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
1.2.6. a reference to writing or written includes emails.
2.1. Customers may only purchase Services through the Apps if they are at least 18 years of age and agree to the Supplier’s Medical Disclaimer.
2.2. The App and third-party app store providers will guide the Customer through the Order process. The Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.3. The Order shall only be deemed to be accepted when the Supplier or the App store provider issues an email confirmation of the Order (following verification by the Supplier of the Customer’s email address, such confirmation to generally occur within 24 hours), at which point and on which date the Membership shall come into existence (“Commencement Date”). Confirmations will include details of the Services purchased, the term of the Membership (including the Commencement Date and any renewal date), price and full details of the main characteristics of the Services available as part of it.
2.4. The Membership constitutes the entire agreement between the parties in relation to its subject matter. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Supplier which is not set out in the Membership.
2.5. Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s promotional materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Membership or have any contractual force.
2.6. These Conditions apply to the Membership to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.1. The Services have been designed in consultation with qualified professionals in order to assist Customers to improve their health, fitness and/or nutrition. However the Supplier cannot guarantee particular outcomes for individual Customers.
3.2. All participation in the Services requires accessing the App on a regular basis, in order to access (among other information and features) diet plans and exercise plans.
3.3. Services may be designed to take place over a specific period. The Supplier shall make the online Services available to the Customer over the duration of such period. Whether the Services will remain accessible following such period (and for how long) will depend on the scope of services and inclusions advertised by the Supplier in relation to those Services.
3.4. Individual results may vary depending on:
3.4.1. The Customer’s health, injuries or health conditions;
3.4.2. Environmental factors, including access to the internet or ingredients;
3.4.3. Other matters particular to the Customer or otherwise outside of the Supplier’s control.
3.5. The Services may provide the Customer with general medical information. The Supplier does not provide personalised medical information to any Customer as part of the Services. The Supplier recommends the Customer consult a qualified medical practitioner such as a general practitioner (GP) if they have any concerns about their health or the content of a Programme as it relates to them personally.
3.6. The Supplier shall supply the Services to the Customer in accordance with the Order in all material respects.
3.7. The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only and time shall not be of the essence.
3.8. The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
3.9. The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
4.1 A Customer who has not previously signed up to the Membership is granted a free trial of the Membership for a period of 7 days on and from the Commencement Date (“Trial Period”). The Trial Period forms part of the Membership . The Customer shall not be charged with respect to the Services accessed during the Trial Period.
4.2 Provided that the Customer has not cancelled the Membership in accordance with the App Subscription Terms & Conditions the Supplier shall provide the Services with respect to the remaining period of Membership to the Customer
5.1 The Customer shall:
5.1.1. ensure that the terms of the Order and any information it provides in the Order are complete and accurate;
5.1.2. cooperate with the Supplier in all matters relating to the Services;
5.1.3. provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is accurate and kept up-to-date in all material respects;
5.1.4. prepare the Customer’s premises for the supply of the Services, as the Supplier may reasonably require in order to supply the Services;
5.1.5. obtain and maintain all necessary licences, permissions and consents which may be required before the date on which the Services are to start.
5.2. If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
5.2.1. the Supplier shall, without limiting its other rights or remedies, have the right to suspend the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Supplier’s performance of any of its obligations;
5.2.2. the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause; and
5.2.3. the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
6.1. All Intellectual Property Rights in or arising out of or in connection with the App, and the Services shall be owned by the Supplier or its licensors. The Supplier shall assert all moral rights arising out of Chapter IV of the Copyright, Designs and Patents Act 1988. Any publication of Services content by the Customer is a violation of the Supplier’s Intellectual Property Rights.
6.2. The Customer acknowledges that, in respect of any third party Intellectual Property Rights, the Customer’s use of any such Intellectual Property Rights is conditional on the Supplier obtaining a written licence from the relevant licensor on such terms as will entitle the Supplier to licence such rights to the Customer.
6.3. All Supplier Materials are the exclusive property of the Supplier, or its licensors (as the case may be).
7.1. Each party (‘receiving party’) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (‘disclosing party’), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party, its business, its products and services which the receiving party may obtain or which is disclosed to that party by the disclosing party pursuant to or in connection with the Membership (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such). The Supplier shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging its obligations under the Membership, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Membership. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause shall survive termination of the Membership. The restrictions in this clause shall not apply to any information which is or becomes publicly available otherwise than through a breach of these Conditions, is already or rightly comes into the receiving party’s possession without an accompanying obligation of confidence, or which is independently developed by the receiving company.
8.1. The Services supplied to the Customer are general information only and are not a substitute for medical care. The Customer should consult a medical professional before using any of the Services.
8.2. The Supplier cannot guarantee that any of the Supplier’s Services will produce specific results or that they will be suitable for the Customer. Personalised Services are general information only and are not a substitute for medical information. The Customer is responsible for determining whether any information provided by the Supplier is suitable.
8.3. The Supplier cannot guarantee that any meal plan or recipe is suitable for any of the Customer’s dietary restrictions, irrespective of any tags or labelling on a meal plan or recipe. The Customer is responsible for ensuring all meals or recipes suit their dietary restrictions, including verifying any ingredients purchased to make such meals or recipes.
8.4. Exercise. Recommended exercises are performed at the Customer’s own risk. Exercise plans do not take injuries into account. The Customer should consult a healthcare professional before starting a new exercise regime, especially with regards to High Intensity Interval Training (“HIIT”). Guides are not intended to replace personalised consultations with suitably qualified professionals. If a Customer experiences any pain or discomfort while participating in any physical exercise, while following any instructions in an exercise guide, the Customer is advised to immediately cease the exercise and consult a doctor or physiotherapist.
8.5.1. Information given in the Community (or by any other means) is general in nature. Only general information is permitted to be discussed in the Community. No user (including the Supplier’s health professionals) may provide, or purport to provide, personal medical information to any other individual within the Community. The Supplier cannot guarantee the information of others in the Community.
8.5.2. All users are expected to use the Community in a way that is consistent with the values of tolerance and mutual respect. The Supplier reserves the right to monitor and suspend the account of any user that the Supplier determines, in its sole discretion, posts or otherwise communicates with other users in a way that:
220.127.116.11. Promotes hate or intolerance towards an individual or class of people;
18.104.22.168. Promotes violence;
22.214.171.124. Promotes hateful or negative content; or
126.96.36.199. Promotes any other negative or antisocial behaviour.
8.6. Mindfulness. The Customer is responsible for ensuring that mindfulness activities are performed in a safe environment. Mindfulness activities should not be performed whilst driving, operating heavy machinery, or in any other situations that require the Customer to remain alert.
8.7. Educational Content. Educational content is general in nature. The Customer is responsible for determining whether educational content is applicable to the Customer. The Customer should consult a healthcare provider before applying any information or educational content.
8.8. Meal Plans. Meal plans may not be suitable for everyone. The Customer should consult a healthcare professional prior to following a meal plan, especially for meal plans that incorporate calorie restriction. The Supplier is not responsible for any nutritional deficiencies caused by following a meal plan. The Supplier cannot guarantee specific results will be achieved by following a meal plan.
8.9. Assessments. Results from our personalisation assessment and/or fitness assessment are general in nature. The Customer should consult a healthcare professional prior to following the results of an assessment.
8.10. Tracker. The Customer is responsible for ensuring a healthcare provider monitors any metrics input into the Supplier’s tracking tool. The Supplier is not responsible for notifying the Customer or a healthcare provider when metrics such as BMI or blood sugar fall outside the advisable range.
8.11. Nothing in these Conditions shall limit or exclude the Supplier’s (or its employees’, agents’ or subcontractors’) liability for:
8.11.1. death or personal Injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.11.2. fraud or fraudulent misrepresentation; or
8.11.3. any other liability to the extent such liability may not be excluded or limited as a matter of law.
8.12. Subject to the aforesaid
8.12.1. the Supplier shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss (whether direct or indirect) of actual or anticipated income, savings or profits, contracts, business, business opportunities, revenue, turnover, savings, goodwill, reputation loss or corruption of data or information, or wasted expenditure, or for any indirect or consequential loss arising under or in connection with the Membership; and
8.12.2. the Supplier’s total liability to the Customer in respect of all other losses arising under or in connection with the Membership, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed twelve (12) times the monthly amount paid by the Customer.
8.13. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Membership.
8.14. The Customer shall indemnify the Supplier against any costs, liability, damages, loss, expenses, claims or proceedings arising from loss or damage (including that belonging to any third parties appointed by the Supplier) caused by any breach of these Conditions or any other liabilities arising out of the use of the Website or the Services by the Customer or its agents or employees.
8.15. This clause shall survive termination of the Membership.
9.1. The Customer and the Supplier have rights to cancel as set out in the App Subscription Terms & Conditions.
9.2. Termination of the Membership, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued as at termination.
9.3 Force majeure
9.3.1 For the purposes of this Membership, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.3.2. The Supplier shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Membership as a result of a Force Majeure Event.
9.3.3. If the Force Majeure Event prevents the Supplier from providing any of the Services for more than 30 days, the Supplier shall, without limiting its other rights or remedies, have the right to terminate this Membership immediately by giving written notice to the Customer.
Changes to these Terms. The Supplier may revise these Terms at any time by amending this page. Please check this page from time to time for any changes, as they are binding on you upon your first use of the Services after the changes have been introduced. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions that are current and in effect will prevail (unless it is expressly stated otherwise).
10.1. Assignment and other dealings.
10.1.1. The Supplier may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Membership and may subcontract or delegate in any manner any or all of its obligations under the Membership to any third party or agent.
10.1.2. The Customer shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Membership.
10.2.1. Any notice or other communication given to a party under or in connection with the Membership shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
10.2.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 12 (“Notices”); if sent by pre-paid first class post or other next working day delivery service, at 12.00 pm on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
10.2.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
10.4.1. If any provision or part-provision of the Membership is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Membership agreement.
10.4.2. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.5. Waiver. A waiver of any right under the Membership or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Membership or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
10.6. No partnership or agency. Nothing in the Membership agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
10.7. Third parties. A person who is not a party to the Membership shall not have any rights to enforce its terms.
10.8. Variation. The Supplier may revise these Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If the Supplier changes these Conditions as they relate to the Services, it will give the Customer reasonable advance notice of the changes and provide details of how to cancel if the Customer is not happy with them.
10.9. Governing law. This Membership agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales.
10.10. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Membership agreement or its subject matter or formation (including non-contractual disputes or claims).