Our terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we provide you with access to https://pozedown.com/ (the Pozedown Platform) and to Content (as defined below) via the Pozedown Platform.
Clauses 1 to 3, the Platform Terms of Use (clauses 4 to 9) and the General Terms (clauses 20 to 25) apply to all users of the Pozedown Platform, including Customers and Athletes (each as defined below).
The Customer Terms apply to Customers (as defined below) using the Pozedown Platform to order and access Content.
1.2 Why you should read them. By using the Pozedown Platform, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use the Pozedown Platform. These terms also tell you who we are, how we will provide you with access to Content, how you and we may change or end the contract, what to do if there is a problem and other important information. Please read these terms carefully before you submit your order to us.
2. Information about us and how to contact us
2.1 Who we are. We are PZDWN LTD (trading as Pozedown), a company registered in England and Wales. Our company registration number is 12714129 and our registered office is at 64 Southwark Bridge Rd, London, United Kingdom SE1 0AS.
2.2 How to contact us. You can contact us by writing to us at
[email protected].
2.3 How we may contact you. 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 in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 “Person” includes legal person. When we use the word “person” in these terms, this includes legal persons (e.g. limited companies).
3. Definitions
3.1 The following definitions shall apply in both the Platform Terms of Use and the Customer Terms:
(a) Content: Pozedown branded videos or other content.
(b) Customer: any person using the Pozedown Platform via a customer account.
(c) Pozedown Platform: as defined in clause 1.1.
(d) Athlete: any person using the Pozedown Platform via an athlete account.
Platform Terms of Use
These terms of use apply to all users of the Pozedown Platform, including Customers and Athletes.
4. Our provision of the Pozedown Platform
4.1 The Pozedown Platform is made available free of charge, except any pages which provide access to the Content.
4.2 We do not guarantee that the Pozedown Platform, 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 the Pozedown Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.3 We may update and change the Pozedown Platform from time to time, to reflect changes to the Content, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
4.4 You are responsible for ensuring that all persons who access the Pozedown Platform through your internet connection are aware of these terms and that they comply with them.
4.5 The content on the Pozedown Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Pozedown Platform.
4.6 Although we make reasonable efforts to update the information on the Pozedown Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
4.7 Where the Pozedown Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
4.8 We do not guarantee that the Pozedown Platform will be secure or free from bugs or viruses.
5. Your obligations in relation to the Pozedown Platform
5.1 You are responsible for configuring your information technology, computer programmes and platform to access the Pozedown Platform. You should use your own virus protection software.
5.2 You must not misuse the Pozedown Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Pozedown Platform or any part of it, the server on which the Pozedown Platform is stored or any server, computer or database connected to the Pozedown Platform. You must not attack the Pozedown Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Pozedown Platform will cease immediately.
5.3 You may link to our home page, or to any page of the Pozedown Platform which is not behind a paywall, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
5.4 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
5.5 The Pozedown Platform must not be framed on any other site.
5.6 We have the right to withdraw linking permission without notice.
6. Registration
6.1 To buy access to, or sell, Content via the Pozedown Platform you must register using one of the online registration forms.
6.2 By registering, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You have not previously registered with the Pozedown Platform and had your registration suspended or terminated,
and you consent to us conducting verification and security procedures.
6.3 If you register as a business entity, you warrant and represent that you have the authority to bind the entity to these terms and the Athlete Terms https://pozedown.com/athlete-terms-and-conditions/.
6.4 We have no obligation to accept your registration and may reject any user or stop them from registering in our sole discretion.
6.5 You hereby warrant that the information provided by you to us is at all times true, accurate and complete. You further warrant that you shall promptly notify us in the event of any change to such information.
6.6 If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.7 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
6.8 If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at
[email protected].
7. Intellectual Property
7.1 We are the owner or the licensee of all intellectual property rights in the Pozedown Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You may print off one copy, and may copy extracts of any page(s) from the Pozedown Platform for your personal use and you may draw the attention of others to content posted on the Pozedown Platform.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 You must not use any part of the content on the Pozedown Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
7.5 Our status (and that of any identified contributors) as the authors of content on the Pozedown Platform must always be acknowledged.
7.6 If you print off, copy or download any part of the Pozedown Platform in breach of these terms, your right to use the Pozedown Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7.7 Pozedown is a trade mark of PZDWN LTD. You are not permitted to use it without our approval, unless it is part of material you are using as permitted above.
8. How we may use your personal information
8.1 How we may use your personal information. We will only use your personal information as set out in our https://pozedown.com/privacy-policy/.
9. Our responsibility for loss or damage suffered by you
9.1 Whether you are a consumer or a business user:
(a) 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 and for fraud or fraudulent misrepresentation.
(b) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Content to you, which will be set out in the Customer Terms below if you are a Customer or in the Athlete Terms https://pozedown.com/athlete-terms-and-conditions/ if you are an Athlete.
9.2 If you are a business user:
(a) We exclude all implied conditions, warranties, representations or other terms that may apply to the Pozedown Platform or any content on it.
(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) Use of, or inability to use, the Pozedown Platform; or
(ii) Use of or reliance on any content displayed on the Pozedown Platform.
(c) In particular, we will not be liable for:
(i) Loss of profits, sales, business, or revenue;
(ii) Business interruption;
(iii) Loss of anticipated savings;
(iv) Loss of business opportunity, goodwill, or reputation; or
(v) Any indirect or consequential loss or damage.
9.3 If you are a consumer user: Please note that we only provide the Pozedown Platform for domestic and private use. You agree not to use the Pozedown Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
10. Termination and suspension
10.1 We may suspend or terminate your access to the Pozedown Platform (wholly or partly) in the event that:
(a) Our third party services and network providers cease to make their third party service or network available to us;
(b) We believe that you or someone using your login details has failed to comply with one or more of these terms;
(c) We believe that there has been fraudulent use, misuse or abuse of features and functionalities of the Pozedown Platform (in whole or in part);
(d) We believe that you have provided us with any false, inaccurate or misleading information; or
(e) If you are an Athlete, we believe you have breached the Athlete Terms.
10.2 Clauses 7 (except clause 7.2), 8 and 9, the General Terms, and all clauses required for their interpretation, shall survive termination of these Terms for any reason.
Customer Terms
These terms apply to Customers using the Pozedown Platform to order and access Content.
1. Ordering Content
1.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Content. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Content.
1.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2. Use of the Content
2.1 Your use of the Content is at your own risk. The Content is designed for educational and entertainment purposes only. We make no warranties as to the efficacy or benefits of the Content. You should seek medical advice before following any workout or fitness programme contained in the Content.
2.2 We are the owner or the licensee of all intellectual property rights in the Content. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.3 You must not download or take copies of the Content (or any part of the Content) including making recordings thereof. You must not modify the Content (or any part of the Content) in any way.
2.4 Our status (and that of any identified contributors) as the authors of Content must always be acknowledged.
2.5 You shall only use the Content for domestic and private purposes. You shall not use the Content for any commercial, business or re-sale purpose.
3. Providing the Content
3.1 The Content shall be behind a paywall and not available to the general public without payment of the applicable price.
3.2 We shall arrange for the Content to be hosted on Vimeo, or such other third party website as we may determine from time to time. The Content will be embedded on a page behind a paywall on the Pozedown Platform.
3.3 In order to access the Content, you must also accept and comply with the terms and conditions of the third party website hosting the Content. The Vimeo terms and conditions are accessible at https://vimeo.com/terms
3.4 You may submit an order for access to specific Content. You shall pay the price as set out in clause 18 on submission of the order.
3.5 When we will provide the Content. We will provide you with access to the Content as soon as we accept your order.
3.6 We are not responsible for delays outside our control. If our supply of the Content is delayed by an event outside 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 substantial delay you may contact us to end the contract and receive a refund for any Content you have paid for but not received.
4. Our rights to make changes to these terms
4.1 We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Content paid for but not received.
5. Your rights to end the contract
5.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Content which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Content you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Content may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Content bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of Content after you have started to stream it.
5.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start streaming. If we provided access to the Content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
6. How to end the contract with us (including if you have changed your mind)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
(a) Email. email us at
[email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.2 How we will refund you. We will refund you the price you paid for the Content, by the method you used for payment. However, we may make deductions from the price, as described below.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for Content at any time by writing to you if you breach these Customer Terms (including (but not limited to) infringement of intellectual property rights, and/or if you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due) and/or you breach the Platform Terms of Use.
7.2 Revocation of access to Content if we end the contract. In the event that we end the contract in accordance with clause 16.1, your access to the Content will be revoked.
7.3 We may withdraw or suspend the Content. We may write to you to let you know that we are going to stop or suspend providing the Content. Where reasonably possible, we will let you know at least 7 days in advance of our stopping or suspending the supply of the Content. In the event that we withdraw the Content, we will refund any sums you have paid in advance for Content which will not be provided. In the event that we suspend providing the Content for more than 60 consecutive days, you may apply during such suspension for a refund of any sums you have paid in advance for access to such Content, in which case your access to the Content will be revoked.
8. If there is a problem with the Content
8.1 How to tell us about problems. If you have any questions or complaints about the Content, please contact us. You can write to us at
[email protected].
8.2 Summary of your legal rights. We are under a legal duty to supply Content that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Content. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
a) Digital content (e.g. access to online content, video streaming) must be as described, fit for purpose and of satisfactory quality.
b) If your digital content is faulty, you are entitled to a repair or a replacement.
c) 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.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 13.2.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
9. Price and payment
9.1 Where to find prices. The price to access the Content (which includes VAT where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Content advised to you is correct. However please see clause 17.3 for what happens if we discover an error in the price of the Content you order.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Content, we will adjust the rate of VAT that you pay, unless you have already paid for the Content in full before the change in the rate of VAT takes effect.
9.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Content we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Content’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
9.4 When you must pay and how you must pay. We accept payment via Stripe. We will not give you access to the Content until you have paid.
9.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
10. Our responsibility for loss or damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
10.2 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 Content as summarised at clause 16.2.
10.3 When we are liable for damage to your property. If defective Content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by having in place the minimum system requirements advised by us.
10.4 We are not liable for business losses. We only supply the Content for domestic and private use. If you use the Content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. Terms that survive termination of the Customer Terms
11.1 Clause 10 and the General Terms, and all clauses required for their interpretation, shall survive termination of these Terms for any reason.
General Terms
These terms form part of both the Platform Terms of Use and the Customer Terms.
1. We may transfer this agreement to someone else. 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.
2. You need our consent to transfer your rights to someone else. You may not transfer your rights or your obligations under these terms to another person unless we agree to this in writing.
3. Nobody else has any rights under this 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 to get the agreement of any other person in order to end the contract or make any changes to these terms.
4. If a court finds part of this contract illegal, the rest will continue in force. 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.
5. Even if we delay in enforcing this contract, we can still enforce it later. 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 and it will not 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 Content, we can still require you to make the payment at a later date.
6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Content in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Content in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Content in either the Northern Irish or the English courts.
