Terms and Conditions
The website (https://www.banishfitness.com/) and the Banish App (together “the Tools”) are operated by Reva App Limited (‘Reva’); registered office Oakland House, 21 Hope Carr Road, Leigh, Wigan, WN7 3ET; Company registration number 11959544.
You can email Reva at email@example.com.
In order to benefit from the use of the Tools and any offers/information set out in them, You must agree to these terms. You will enter into a contract with Us to use the Tools and the Reva Services (as defined below) under which We will both have the respective rights and obligations set out below. If You do not agree to these terms, You should not download or use the tools.
In these terms –
- ‘the Company’ ‘We’ ‘Us’ ‘Our ‘ ‘Ourselves’ and Reva refer to Reva App Limited,
- ‘You’ and ‘Your’ mean any person given access to the Tools in the section on Access, in the sections on Fitness Benefits, it means any person purchasing any of these products.
These terms apply to Your use of the Tools, as well as the purchases made via the Tools. The Tools may link into third party websites and any information, purchases or agreements You enter on those third-party sites will be the responsibility of those third parties. Additional terms may apply to any purchases which are made, or services provided.
Please note that entering this agreement and using the Tools do not affect Your statutory rights.
If You are based outside the UK, You will ensure that You are able to use the Tools and for Us to process Your data in accordance with UK law. If We cannot, You should not use the Tools.
You must be 18 to accept these terms and to use the Tools.
Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the Tools may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APP STORE AND GOOGLE PLAY TERMS ALSO APPLY
The ways in which You can use the Tools may also be controlled by the App Store and Google Play’s rules and policies (including their Privacy Policies), and those rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
The Tools require the following devices:
- iOS: iPhones and iPads that run with OS Version 11.X and above.
- Android: Smart phones and Tablets that run with OS Version 5.1 and above
IMPORTANT INFORMATION – HEALTH WAIVER
The Tools are intended to provide information, advice and assistance in engaging in physical activity/training. It is Your responsibility to ensure that You are fit to carry out any activity. We cannot confirm that You will be able to undertake any activity. You should always take medical advice before engaging on any new form of training and it is Your responsibility to do so. We are not responsible if You take up any form of exercise suggested in the Tools without consulting your Doctor.
If You undertake any activity and You feel unwell and in particular if You experience dizziness, faintness, any pain or shortness of breath, You should stop the activity and seek medical advice.
You agree to the following terms for the use of the Tools.
Changes to the terms
All of the terms set out for the Tools are subject to change at any time without notice. We will make reasonable efforts to notify You of any significant changes via email, however it is up to You to regularly check the terms to make sure that You are still able to comply with them. The changes may be in any section of the terms and will apply from the date We made the change for future transactions and use of the Tools.
By registering to use the Tools You will agree that You are bound by the current terms and You should check these each time You use the Tools. If You do not accept the terms or any changes to the terms You should not continue to use the Tools.
The Tools are provided for users authorised by Reva who have agreed to the terms. They are provided to access the services and benefits We provide including any benefit offers and other information We will share using the Tools. By accessing the Tools You confirm and agree that You are entitled to do.
You agree to comply with all of these Terms and shall only access the Tools where You remain authorised to do so.
How You may use the Tools, including how many Devices You may use it on
In return for Your agreement to comply with these terms, You may:
- download, view, use and display the Tools on any of Your own devices for Your personal purposes only; and
- receive and use any free supplementary software code or update of the Tools incorporating “patches and corrections of errors as We may provide to You.
We are giving You personally the right to use the Tools as set out in these Terms. You may not transfer the Tools or share Your account details with anyone else, whether for money, for something else or for free. If You sell any device on which the Tools are installed, You must remove the Tools from it.
If You download the Tools onto any device not owned by You, You must have the owner’s permission to do so and You will be responsible for complying with these terms, whether or not You own the relevant device.
Data which We may collect
By using the Tools, You agree to Us collecting and using technical information about the devices You use the Tools on and related software, hardware and peripherals to improve Our products and provide the Tools and Reva Services to You.
The Tools may use location data sent from Your device. You can turn off this functionality at any time by turning off the location services settings for the Tools on the relevant device. If You use any location-based element of the Tools, You consent to Us and Our affiliates’ and licensee’ transmission, collection, retention, maintenance, processing and use of Your location data and queries to provide and improve location-based products and services. You can stop Us from collecting location data at any time by turning off the location services settings on Your device.
Whilst We believe the content of the information and offers accessed by the Tools to be accurate, We provide no warranties for this and do not accept responsibility for the accuracy or otherwise of any information. Please note in particular that third party information is not confirmed with Us and may be inaccurate, incomplete or out of date. We are not liable in any way for any third-party content. As set out in the Health Waiver You must ensure that exercises are suitable for You.
The information provided on via the Tools is not warranted by Reva and is not designed to provide any form of advice. It is provided for information purposes only and nothing on the pages of the website or the Banish app shall constitute the provision of professional advice in any way.
You agree that where the Tools allow You to make comments or publish any information You are responsible for it and liable in the event You make any defamatory or inappropriate comments.
Uninterrupted and error free access to the Tools is not guaranteed. Nor are the Tools guaranteed as virus or bug free and availability may be suspended from time to time for maintenance. It is Your responsibility to ensure that You have the appropriate hardware, software or protection (including virus protection) to enable You to use the Tools and download information from it safely and securely.
The Tools may provide access to links to other websites. These links are provided for Your convenience and/or to access services. We are not responsible for any other sites and You should confirm the basis on which You use those sites (including their content and practices) before using them. You are strongly advised to check any terms that may be imposed or apply on other sites or for goods/services purchased from them.
The Tools may contain advertising and access to services from providers of the benefits. Those providers are responsible for their material included on the Tools and for their respective products and services.
Access to some of the services and offers will change and are subject to additional terms. We are not responsible for the availability of any offer or service other than on the terms a service is provided by Reva.
Where the Tools provide links to third party websites these are selected by Us to provide goods, services or information to You. The links provided allow You to access benefits which may not be generally available. In order to access these links, You agree that We may pass Your information to the third party site when You click on to their site from the Tools.
Push notifications may be provided via the Tools. Where such notifications are provided You may remove or limit these by altering the settings on Your mobile device. You accept that push notifications may be provided. Push notifications may be provided based on Your location to provide information about nearby service providers.
Development of the Tools and Benefits
Functionality, offers and information accessed via the Tools may change from time to time to improve performance, enhance functionality, reflect changes or address security issues and We are not bound to provide any notice of changes or planned changes. We have no liability to You in the event that any of the Tools, the Reva Services or any functionality is withdrawn. We may ask You to update the Tools from time to time, and if You choose not to install such updates or opt out of any automatic updates You may not be able to continue using the Tools. The Tools will always match their description on Our website and in the App Store and Google Play.
You agree that We may provide anonymised information about You and Your activities on the Tools to other service providers so that they can consider how they wish to provide or change services that link to the Tools.
Intellectual Property Rights
All intellectual property rights in the Tools, such as images, graphics, text, logos, databases, trademarks and names and the technology in the Tools are reserved to Us or to the relevant owner. No rights are conferred on You or any other person by virtue of these terms.
You may print a copy of the contents of the pages of the Tools for non-commercial use, provided that You keep intact all or any copyright and proprietary notices. Otherwise You may not modify, publish, reproduce, store, utilize or commercially exploit any part of the Tools. In particular You are not authorised to use any logo or trademark of any partner of Ours whose services or goods are available via the Tools.
Ownership of Materials
Unless otherwise stated, Reva App Limited is the owner or licensee of the copyright and any other rights in the Tools, its pages, the screens displaying the pages and all information and material contained herein.
You may not reproduce, republish, transmit or distribute the Tools in whole or in part without the prior consent of Reva App Limited.
You will either be allocated or choose a login and password to use the Tools. You agree to access the Tools only using Your own login and password. You agree to keep these confidential to prevent unauthorised access to the Tools and Your own account. You will inform Us immediately if You know or suspect that Your login or password is no longer secure. Failure to comply may result in access being revoked, suspended or a new password being issued.
You are responsible for the Use of Your login and password. If Your misuse or negligent use of Your login and/or password causes Us (or any other person) any loss You agree to reimburse those losses.
We have the right to disable any such code or password, whether chosen by You or allocated by Us, at any time, if in Our opinion You have failed to comply with any of the provisions of these terms.
General – these terms apply to all sections of the Terms
You acknowledge and agree to the Health Waiver set out above.
We make no promise that materials accessed by the Tools are appropriate or available for use outside the United Kingdom and accessing the Tools from territories where its contents are illegal or unlawful is prohibited. If You choose to use the Tools from locations outside the United Kingdom, You do so on Your own initiative and are responsible for compliance with local laws.
You agree to use the Tools on the basis they were designed for use by individual consumers. In particular (without being limited) You agree not to attempt to disassemble, decompile, reverse-engineer, create derivative works or attempt to fraudulently access any part of or service available on or via the Tools.
You agree not to use the Tools in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Tools, any service or any operating system.
You agree not to make any purchases from the Tools other than for Your own personal use and in particular that You shall not use the Tools as part of any commercial activity undertaken by You or in which You participate. We may limit access to information, any transactions and cancel any purchases which appear to Us to be part of a commercial arrangement. You are not permitted and agree not to sell on any goods, services, vouchers or anything purchased via the Tools.
We advise You never to enter Your password for the Tools, bank card or bank account details into an email. We will never solicit such information from customers by email.
We cannot be held responsible in the unlikely event of Phishing by any third party.
Phishing refers to an email that attempts to fraudulently acquire personal information from You, such as your password and/or credit card information. On the surface, the email may appear to be from a legitimate company or individual, but it’s not.
If You are concerned that Your Banish app password has been compromised then please contact the support team at firstname.lastname@example.org or for any concerns over your bank details, please contact Your bank or card provider immediately.
If We end Your rights to use the Tools and Reva Services:
- You must stop all activities authorised by these terms, including Your use of the Tools and any Reva Services.
- You must delete or remove the Tools from all devices in Your possession and immediately destroy all copies of the Tools which You have and confirm to Us that You have done this at Our request.
- We may remotely access Your devices and remove the Tools from them and cease providing You with access to the Reva Services.
These terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Section 2 – Reva Services
The Reva Services are the paid-for services which can be accessed via the Tools. In order to access these services which are set out below You must subscribe on the basis set out in the Tools. The Tools will provide the fees for the Reva Services You select.
When You register, You will need to subscribe for Reva Services. We will record the Reva Services You select and the basis on which You have chosen to pay.
Subscription Payment. To use the Reva Services, You must purchase a subscription. You will be charged the stated subscription fee on registration, unless Your membership starts with a free trial, as detailed below.
Free Trial. If Your membership and use of the Reva Services begins with a free trial period for a specific length of time on registration, We will charge Your designated debit or credit card for the full subscription fee at the end of the free trial period, unless You cancel prior to the end of that period. By providing Your payment details for the free trial on registration, You agree that We can charge for the subscription fee via Your designated debit or credit card at the end of any free trial period.
Subscription Renewal. If You purchase a subscription to the Reva Services, You agree that, when the initial subscription term expires Your subscription will automatically renew for successive periods of the same duration as the initial subscription term unless and until You cancel, and You authorise Us to charge any renewal subscription charge to Your account using Your designated debit or credit card. You will be charged for the same level of subscription at the price stated at the time of renewal. Subscription fees may change at any time.
Cancellation. You may cancel Your subscription to the Reva Services at any time, after which We will not automatically renew Your subscription.
You agree, as per the terms set out above, that the Reva Services are for Your own personal use and You will not sell on or allow any other person to use Your Reva Services.
As part of the Reva Services You may upload content using the Tools. The data will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but You are required to grant Us and other users of the Tools (who provide the Reva Services) a limited licence to use, store and copy that content and to distribute and make it available to third parties.
We have the right to remove any post You make if, in Our opinion, Your post does not comply with Our standards.
Rights You are giving Us to use material You upload
When You upload or post content, You grant Us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the provision of the Reva Services.
Credit/Debit Card Information
All Reva Services must be purchased using the UK credit or debit cards on the Tools. Not all cards are accepted by the Tools and a list of accepted cards are below:
- American Express
The card types that may not be accepted may change from time to time. If a card does not work on the Tools You should review this list which may have been updated.
Card services are provided by carefully selected third parties to ensure the high level of security We require. When making a purchase You agree to this processing on Our behalf. Currently We use Stripe to process Our transactions.
You can register a new card or update a card that has expired by clicking on ‘My Account’ on the Tools. You can register a new payment card at any time but cannot change the card associated with a given order once You have checked out.
At point of registration, You will provide an email address which will be used by Us to contact You. You have the option to edit this in ‘My Account’. If there has been an email failure or an issue with payment details, You will be notified. If You have any problems then contact Our Customer Support Team by sending a support request email to email@example.com. Office hours are Monday – Friday 9.00am – 5.00pm GMT. If a support ticket is sent outside of office hours, it will be processed the next working day. If We have to contact You, We will do so by e-mail or SMS, using the contact details You have provided to us.
Refund / Returns Policy
You consent to the supply of the Reva Services prior to the end of any cancellation period which may apply and acknowledge that the 14 day statutory cancellation period will end on the supply.
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 actual loss or damage You suffer that is a foreseeable result of Our breaking these terms 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 You accepted these terms, both We and You knew it might happen. Our liability shall not in any event include losses such as lost data, lost profits or business interruption and consequential loss.
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 or for fraud or fraudulent misrepresentation.
When we are liable for damage to Your property. If defective digital content that We have supplied damages a device or digital content belonging to You, We will either repair the damage or pay You compensation. However, We will not be liable for damage that You could have avoided by following Our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
We are not liable for business losses. The Tools are for domestic and private use. If You use the Tools for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Tools and the Reva Services. The Tools and the Reva Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of the Tools and the Reva Services (as described on the App Store or Google Play sites) meet Your requirements.
We are not responsible for events outside Our control. If Our provision of the Reva Services or support for the Tools or the Reva Services 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 that 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 Your contract with Us and receive a refund for any Reva Services You have paid for but not received.
Any other losses are excluded to the fullest extent permitted by law.
The agreement under which We arrange for the supply Reva Services is personal to You and confers no rights on any other party. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999.
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.
You may only transfer Your rights or Your obligations under these terms to another person if We agree in writing.
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.
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.
If You have a complaint regarding the site or services provided on the site, please send Us a ‘Support Request’ and Our support team will review Your complaint and respond to You within 3 business days.