Terms & Conditions

Last updated on 11th January 2021

1. WHAT'S IN THESE TERMS?

These terms tell you the rules for using our website https://www.theedgehpl.com/ and any applicable app (our Platform) and for buying Services (as defined below) through our Platform or by any other means (e.g. in person, via telephone, via social media etc.). These terms are not very long, and we recommend that you read them to make sure that you're happy to go ahead with us (reading them takes just 10 mins and we've tried to make them as easy to understand as possible!)

Our Platform is designed for people in the United Kingdom (including Northern Ireland) only. If you access our Platform and/or buy any of our Services from us and you're located outside of the UK (including Northern Ireland), please let us know by using the contact details set out in Section 2 because other rules and laws may also apply to you that we may need to make you aware of.

Our Services are the services that are advertised on our Platform and that we have specifically agreed to provide to you in the "commercial agreement" document (or similar written agreement between us) (Commercial Agreement). We offer a number of different nutritional and testing Services to cater to your needs. Our most common nutritional programmes are our support programmes: Everyday Athlete, Elite Athlete and Corporate (Programme). However, we also offer bespoke programmes which we can tailor to your needs. Each Programme is split up into a number of Tiers: Tier 1 – Silver, Tier 2 – Gold; and Tier 3 – Platinum. More information about what is and isn't included in each Programme should be provided to you in advance (including any information about our testing Services) but please let us know by using the contact details set out in Section 2 if you are in any way unsure about this.

Other capitalised but undefined terms here will have the meaning given to them in the Commercial Agreement.

If you are just browsing our Platform, terms 1 – 6 apply to you.

If you buy any of our Services from us, terms 1 – 15 apply to you.

If an organisation has entered into an agreement for the provision of Services to you, on your behalf, you agree and acknowledge, that you will comply with terms 1-6 when using our Platform.

2. WHO WE ARE AND HOW TO CONTACT US

Our Platform is operated by SR Performance Services Limited (SRP, we, our or us). We are a private company registered in England and Wales under company number 11553979 and have our registered office at Briary Barn, Blisworth Hill Properties, Stoke Road, Blisworth, Northampton, United Kingdom, NN7 3DB. Our registered VAT number is 306320350.

To contact us with any questions or concerns, please email info@srperformanceservices.com

3. BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

By using our Platform or buying or ordering any of our Services, you confirm that you accept these terms of use and that you agree to comply with them (including any additional terms that may apply when you visit our premises). If you do not agree to these terms, you must not use our Platform or buy any of the Services. We recommend that you print a copy of these terms for future reference.

4. WE MAY MAKE CHANGES TO THESE TERMS AND OUR PLATFORM

We may amend these terms and our Platform from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply to our Platform at that time.

We will try to give you reasonable notice of any major changes.

5. OUR RESPONSIBILITY TO YOU

We will not be liable to you in any way, for any loss that you suffer, if you cannot use our Platform. We only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes, and, to the maximum amount that we are allowed to do so by law, we limit our liability to you for any loss of profit, sales, business or revenue; loss of business, business interruption, or loss of business opportunity; any loss of reputation or goodwill; or any losses which are not foreseeable or are not obvious when you use the Platform.

Just so we are all clear, we do not exclude or limit in any way our liability to you where it would be unlawful for us 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.

6. OTHER TERMS THAT APPLY TO YOU

  • Our Privacy Notice, which covers how we use your personal data, also applies to your use of our Platform and receipt of the Services.
  • Our Cookies Policy, which sets out the cookies we use on the Platform, also applies to your use of our Platform.
  • Although we make reasonable efforts to update the information on our Platform, we do not represent, warrant or guarantee (or in other words, give you a promise) that our Platform, or any content on it, will always be available, accurate, error free, uninterrupted or secure. Again, to the maximum amount we are allowed to by law, we do not accept any liability arising from any errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate and provide our Platform (or any particular part of it).
  • We may suspend or withdraw or restrict the availability of all or any part of our Platform at any time, but we will try to give you reasonable notice of any suspension, withdrawal or restricted availability where we reasonably can. See term 12 for further information.
  • You are not allowed to use our Platform for illegal purposes, nor are you allowed to upload any viruses or other harmful material on to our Platform or try to access or change our Platform's underlying code. We try our best to make sure that no viruses or other harmful material enter our Platform, but we cannot guarantee that this will always be the case. If someone does manage to upload a virus or other harmful material onto our Platform, we will not be liable to you for any losses or damage you suffer. We recommend that you use virus protection software.
  • Where our Platform contains links to websites and resources provided by other people, we have no control over, and are not responsible for, these links – so you need to treat such links with caution.
  • You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation. You must not link in any way that suggests any form of endorsement by us and you must take down such links or related posts if we ask you to do so. You can only link to websites that you own, and we can request that you withdraw your link at any time and you must promptly comply.
  • If you do anything illegal, or we think you are going to do anything illegal, we will share this information and your details with the relevant authorities. We may then also suspend or delete your account.
  • We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright and other laws around the world. You must not use any illustrations, photographs, video, graphic or other content on our Platform in any way without our permission.
  • We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.
  • These Legal Terms (including any Commercial Agreement) shall apply to the exclusion of, and shall prevail over, any terms and conditions contained in or referred to in any documentation submitted by you, or in any correspondence or elsewhere or implied by trade custom, practice or course of dealing, unless specifically excluded or varied in writing by an authorised representative of both parties.
  • These Legal Terms (including any Commercial Agreement) are not intended to, and do not, give any person who is not a party to it any right to enforce any of the provisions.
  • If there is any conflict or inconsistency between any of the provisions of the Commercial Agreement and the Legal Terms entered into by the Parties, then the conflict or inconsistency shall be resolved by giving the documents the following order of precedence (with the earlier mentioned documents taking priority):
    • any Special Conditions in the Commercial Agreement;
    • the Legal Terms
    • the Commercial Agreement (including any other document incorporated by reference).
  • These terms are governed by English law and any claims relating to these terms must be brought in the courts of England only (except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland).

7. I WANT TO BUY TESTING AND NUTRITION SERVICES

The following terms 7 – 15 also apply if you want to buy any Services from SRP.

  • The Platform sets out a brief overview of the different services that we offer. On request, we shall send you our Human Performance Lab Brochure, Services Explained, Price List and any other resources applicable. For more information please use the 'Enquiries' section on our website or contact us via e-mail at info@srperformanceservices.com. .
  • Our Services that you order will either be set out on the Platform or agreed with you in the Commercial Terms. Prices may vary depending on the Services that you order. Prices may also change from time to time at SRP's discretion but we will always give you at least 30 days' prior written notice before such changes take effect and, no price increase will take effect during the Minimum Term. To find out more information about our prices please email us directly at: info@srperformanceservices.com.
  • All amounts payable by you under the Agreement are exclusive of value added tax, or any locally applicable equivalent sales tax or levies payable as a result of providing the Services ("VAT"). You shall pay any such VAT on receipt of a valid invoice from SRP as and when due.
  • Once you have decided on the Services you want to buy, you can let us know via the Platform, SMS, e-mail, telephone or telling us at our premises following which we shall issue you with an invoice to the email address provided by you.
  • All our Services require full payment upfront. You shall pay each invoiced submitted by SRP in full within 14 days of the date of the invoice; and in cleared funds via bank transfer to a bank account nominated in writing by SRP.
  • In order to make payment, you can do this via Bank Transfer or online via Stripe. Our check out process gives more detail on the forms of payment we accept. You must provide SRP with true, accurate, current and complete Billing Information and maintain and promptly update your billing and account information to keep it true, accurate, current and complete.
  • Where you decide to opt for a Programme, you may renew your subscription at the prevailing rate for that Programme type. We reserve the right to introduce, withdraw and vary categories our Services.
  • Subject to availability, you may upgrade to a higher tier in your chosen Programme before expiry of the Minimum Term. If you choose to do so, we shall only charge you the difference between the fee for the existing tier and the new tier.
  • Acceptance of the Services by us is subject to completion of the PARQ and your consent that you are in good physical health and have disclosed any illness or physical defect to us. Once we accept an order for any of the Services, we shall contact you to accept and confirm, as well as send you the Commercial Agreement and a copy of these Legal Terms. At this point, you will enter into a binding contract with us for the Services. This email will also set out confirmation of the Services you have bought from us.
  • There may be times where we cannot accept your order for any of the Services, for example if we have identified an error in the price of any of our Services. Where this happens, we will try to let you know prior to you receiving any of our Services.
  • When we email you confirmation of the Services you have ordered, depending on the type of Services you have ordered, we will provide you with login details (if available) to our Platform for you to get going as soon as possible. Your account will enable you to customise your profile, view menus, read our nutrition handbook, see your testing data and reports to manage progress, book your next session and provide feedback to us.
  • You will not be able to access your account, and we will not send you an email confirmation of the Services you have ordered, if we are not able to take payment from you. If we have trouble taking payment from you, we will let you know. If you do not pay for the Services within 14 days after our reminder, we will cancel your order for our Services and charge you a £25 admin fee.
  • Our Services are catered to you and we have invested considerable time in creating our Programmes. This means that once you have bought any of our Services, you cannot share access to your account with anyone else. Also, you are not allowed to resell any of the materials we provide to you. If we find that you have given other people access to your account, we will deactivate your account with us immediately.
  • If you are having technical issues accessing your account, let us know as soon as possible by contacting us at info@srperformanceservices.com
  • To understand your cancellation rights and how you can freeze any of your Services please read term 11.

8. SERVICE DESCRIPTIONS AND HEALTH AND SAFETY

Our document, 'Services Explained' provides a short description of some of the Services that we provide.

Prior to undertaking any of our testing and nutritional Services, you must complete a health questionnaire (PARQ) before entry. If any medical conditions are disclosed, you must sign the back of the PARQ stating that you have sought medical advice or wish to use the Services without doing so, and that you take full responsibility for any injury or health condition sustained whilst using the facilities arising from your medical condition. We are not medically trained and are therefore not qualified to assess whether you are in appropriate physical condition to use our Services. We advise you to take medical advice prior to starting any of our Programmes if you are in any doubt as to your ability to do so.

You promise that the information that you provide us on the PARQ is honest, accurate and comprehensive and must let us know each time you visit us whether there have been any changes to the information that you have provided on the PARQ. Above all else, unless you tell us otherwise, you promise that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise, and that such exercise would not be detrimental to your health, safety, comfort or physical condition.

9. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

When you create an account with SRP, please keep your login details (e.g. password and other security information) secure and confidential. You must not disclose your login details to any third party or allow any person to use your account.

You must provide true, accurate and complete information about yourself when signing up on our Platform. You must not create multiple profiles. You are responsible for anything that happens on your account (including any harm that we suffer).

We have the right to deactivate and delete any user profile, at any time and for any reasonable reason, for example, if you have failed to comply with these terms of use or in line with term 12.

If you know, or suspect that anyone other than you knows, your login details you must promptly notify us at info@srperformanceservices.com.

10. YOUR RIGHT TO USE OUR SERVICES

When you buy any of our Services, we will give you a personal, non-exclusive and non-transferable licence to access and participate in our Services for your personal need. Your licence to access and participate in our Services will vary depending on the length of the Programme (e.g. 4 weeks, 8 weeks 12 weeks or more!).

We are the owner or the licensee of all intellectual property rights in our Services (including the Programmes) and in any material, data, software, text, design, graphics, images and other content contained in or delivered through a Service. Each Programme is protected by copyright and other laws around the world. You must not use our Programmes in any way except for your own personal use. For example, you are not allowed to copy, modify, resell or redistribute any of our Programmes.

When you upload or post content to our Platform or other social media platforms, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service that we provide to you and others.

We are very happy to hear your suggestions, thoughts and ideas about our Services and our Platform but if you tell us any of them, and we use them, we do not have to pay you any money for them or tell anyone that it was your idea.

11. YOUR RIGHT TO CANCEL AND FREEZE YOUR SERVICES

Private Consultations (In-Person or Remote)

Bookings for a consultation must be done in person, online via the Enquiries portal, email, telephone, SMS or (in some instances) via the app. Any consultations may be changed or cancelled up to 48 hours before the booking. Bookings cancelled OR changed within 48 hours or bookings for which you fail to show up for your appointment are forfeit and have the same status as a booking which has been taken, or expired. Please allow the full time for your booking, and always arrive 10 minutes before, to give you time to get ready for your consultation.

Individual Performance Tests and Blood Biochemistry Packages and Wellness Checks

Any tests bought from us expire within 4 weeks of purchase.

Any test bought in a package or individually but not taken, may be refunded. Tests or packages which have expired have the same status as those taken: refunds cannot be provided for these.

Performance Testing Programmes and Bespoke Nutrition Programmes

If you buy any of our Programmes you are entitled to cancel them within 14 days of buying the relevant Programme and obtaining a full or partial refund from us depending on the circumstances. However, your right to cancel in this way does not apply to you if we have created a Programme for you and sent you material (e.g. a nutrition plan) prior to us receiving notice from you of your intention to cancel.

Refunds and Cancellation

To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, details of the Programme you wish to cancel and email address. You can use the example form at term 15 below, if you like.

If:

  • we have told you that there has been a mistake in the price or a material mistake in the description of any of Programmes or Services after you have purchased it and you do not want to pay the price difference or continue with the Programme; or
  • we have to make any major changes to terms 7 to 14 after you have bought a Programme, and you do not agree with the changes,

you can cancel your order for any of our Services and you will receive a full refund. If you want to cancel a Service, you have to let us know within 7 days of receiving our email telling you of the issue.

If you are eligible for a refund, we will give you a refund using the same method you used to pay for a Service and you should receive your refund within 14 days of your cancellation.

Freezing your Programme

We appreciate that there may be times when you need to freeze your Programme. The maximum freeze period you are entitled to is a period of three months from the date of your request (Freeze Period). You will not have to pay any additional costs during the Freeze Period.

You may only freeze your Programme once in any twelve-month period.

12. TERMINATION OF SERVICES BY US

We may suspend or terminate our Services to you without notice and with immediate effect if:

  • you breach these terms either repeatedly or because of one serious breach;
  • any due fees remain unpaid after any request for payment by SRP;
  • SRP is of the opinion (acting in its discretion) that you are not suitable for continued use of our Services;
  • you put the health, safety or well-being of staff or other Clients or guests at risk;
  • there is an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, pandemic, 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.

All decisions made by us under this clause are final and binding. We are unlikely to accept a new application for any of our Services from someone whose Programme has been terminated in accordance with this clause.

13. OUR RESPONSIBILITY TO YOU

  • We also do not guarantee or promise any particular result or outcome if you complete a Programme.
  • There may be times when we have to suspend our Platform and the supply of our Services. This may be, for example, because we need to deal with technical or security issues on our Platform. We will try our best to let you know beforehand, but this may not always be possible.
  • If we suspend a Programme, we extend the time in which you have to complete the Programme by the length of the suspension. It will be very rare but, if we have to permanently remove any of the Services that you have bought from us at our premises or on our Platform, we will let you know and you will receive a full refund in respect of the Services that we have at that point been unable to perform.
  • Nothing in the Agreement (including the restrictions set out below) shall exclude or limit in any way our liability to you where it would be unlawful for us to do so (including where our negligence has caused you to suffer personal injury). However, we have no liability to you: for any loss of profit, sales or revenue; loss of business or loss of business opportunity; for any loss of data or information; for any loss of job offers or professional qualification; or if you try to make money from our Platform.
  • Following on from that though, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms, and up to a maximum amount of the value of the Service that you have purchased. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to these terms, both we and you knew it might happen.
  • During the course of providing the Services we may recommend third parties to you (e.g. certain chefs or health specialists). We are not liable for any services provided by such third party.
  • If any of the Services involve providing you with digital content which is defective and/or damage your device, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation limited to £100. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to have in place the minimum system requirements advised by us or reasonable virus protection software.

14. NOT HAPPY OR HAVE ANY FURTHER QUESTIONS?

We hope that you enjoy our Services and so let us know as soon as possible if you have questions or complaints, by emailing us at info@srperformanceservices.com. We will try our best to reply to your email within 5 working days. Our working hours are Monday-Friday 09.30-17.30.

15. CANCELLATION FORM

To: SR Performance Services Limited

Email: info@srperformanceservices.com

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following Programme:

[Please list]

Ordered on [*]/received on [*],

Name of customer(s):

Address of customer(s):

Signature of customer(s) (only if this form is notified on paper):

Date:

[*] Delete as appropriate

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