Online+ Membership Terms and Conditions

These terms and conditions (“Conditions”), together with the digital rules (“Digital Rules”) and your digital Health Commitment Statement (“Health Statement”) form an “Online+” membership contract between “you” and “us”, Virgin Active Limited (registration number 03448441) (“Contract”). If you have any questions about these Conditions or the Contract, please contact us.

We will provide Digital Content to you via our Virgin Active App (“App”) and our website available at www.virginactive.co.uk (“Website“) or any other website, device or platform, along with the classes with the Virgin Active trainers available on iOS and Android devices (the “Virgin Active Product”).

These Conditions apply to you whether you are a user that registers an account with us or an unregistered user or visitor to the App or Website. You agree that by subscribing or otherwise registering, downloading, accessing or using Digital Content, you are entering into a legally binding agreement between you and us regarding your use of the Digital Content.

By using Digital Content, you are also agreeing that you have read and understood our Privacy Policy, which sets out how we collect, process and use your information. Please read these Conditions carefully before you start to use our Digital Content. We recommend that you print a copy of these Conditions for future reference. If you do not agree to them, you must not continue.

Health and Safety

Exercising and using the Digital Content may involve the risk of injury and you exercise and use the Digital Content at your own risk. Please monitor your physical condition at all times and exercise to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur, immediately stop what you are doing and seek medical assistance.

Defined Terms

“Club” means any of the Virgin Active health clubs, physical or virtual in existence anywhere in the world.

“Club+ Membership” means other types of Virgin Active membership based at one or more of our Clubs as defined from time to time. For the avoidance of doubt, your Online+ Membership does not grant you any Club+ Membership which would be governed by a separate agreement with us.

“Digital Content” means Virgin Active’s digital, video, audio, pre-recorded, live-stream and other audio-visual exercise and wellness presentations and resources we make available to you (whether live, on-demand or pre-recorded ‘live’ or otherwise circulated in any form), virtual personal training, coaching, partner content and any other services that we may provide in relation to the same, such as customer support, social media, community channels, events and other websites that we may operate from time to time and all content or features on the App and/or Website.

“Existing Membership” either a Club+ Membership or an Online+ Membership, as defined from time to time. We may use these definitions when we correspond with you if you have more than one type of membership with us.

“Online+ Membership” is a membership that gives full user access to our App and Digital Content. An “Online+ Member” is any individual who has a Virgin Active Online+ Membership in their name. An “Online+ Membership Holder” is anyone who activates and pays the subscription fees for an Online+ Membership.

“Website” means www.virginactive.co.uk

1. Information about us and how to contact us

How to contact us. You can contact us by emailing our member services team at info@virginactive.co.uk or writing to us at our postal address stated on our Website. You may contact us from within the App.

How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us and we may use Push Notifications in the App.

"Writing / written" includes emails and Push Notifications within our App.

Our contract with you

As an Online+ Member, you agree to follow the rules of membership relating to using our products and accessing our Digital Content (“Digital Rules”). Please view them on our App or Website.

The Contract will come into existence between you and us when you accept these Conditions. If we are unable to accept your membership, or unable to verify your account or email for any reason, we will try to inform you of this and will not charge you for the Online+ Membership.

Your Online+ Membership number. We will assign a number to your membership and tell you what it is when we verify your account. It will help us if you can tell us your Online+ Membership number whenever you contact us about your membership.

We only sell to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

Updates to Digital Content. We may update Digital Content, provided that it shall always materially match the description of it that we provided to you before you bought your Online+ Membership.

Delivery. When you accept these Conditions and we verify your subscription, we commit to supply the Digital Content to you until either the subscription expires or you or we end the Contract as described herein.

Your membership will start on the date (“Membership Start Date”) set out in your sign up process and contained in our confirmation email to you, provided that:

(a) you have accepted these Conditions, completed the Health Statement, read the Digital Rules and authorised payment;

(b) you have if applicable, provided preactivity questionnaire answers and any other medical details of your health and fitness to our satisfaction; and

(c) we have received any required payments as set out in your Online+ Membership.

2. Data Privacy

2.1 How we may use your personal information

We take the privacy of our members seriously. This clause explains the ways in which we use your personal information (data). If you have any requests about your personal information, please contact data.requests@virginactive.co.uk

We will collect personal information from you through your sign-up process on the Website, emails you send to us, your Health Statement and any pre-activity questionnaires you complete; any information (including personal information) you provide on our Website or our partners’ websites, or through your involvement with us, including information you provide for other services (for example, personal training sessions), or competitions, trials and challenges. The information we collect may relate to your physical and mental health or condition.

We can keep, for a reasonable time, copies of all documents and information you have provided as a member, (Online+ or otherwise), even if we refuse your application for membership or if you or we end your Online+ Membership for any reason. This includes information relating to your physical and mental well-being as shown on the pre-activity questionnaire or Health Statement, or provided to any of our staff. We will keep any information relating to your well-being confidential and will not reveal it to anyone else (other than to an organisation which takes over our business or to which we transfer our rights and obligations under this Contract) and we will not use sensitive personal information for marketing purposes.

We may give your personal information to our business partners, those who take over our business and suppliers we ask to provide services on our behalf, which relate to this Contract (including a debt collection agency or other organisation we ask to recover payments from you).

2.2 Marketing

We would like to keep you updated by post and electronic methods (for example, email, SMS, Push Notifications and MMS) about our special discounts, offers, products and services that we think may be of interest to you.

We would also like to send you details of, and share your information with, other Virgin companies and other carefully selected organisations, companies and individuals so that they may send you marketing information about their special offers, products and services which may be of interest to you. They may send this information by post and electronic methods (for example, email, SMS and MMS).

You have the opportunity to opt in or out of receiving marketing during the sign-up process. For more information and for our full Privacy Policy, please click here: https://www.virginactive.co.uk/the-legalstuff/privacy-policy

3. Intellectual Property

3.1 All intellectual property rights within the Digital Content (including all text, software, graphics, sounds, music, videos, images, instructional content and any trademarks or logos) remain our property or are licensed to us. By using the Digital Content and maintaining a Membership account with us, you agree:

(a) you do not acquire any intellectual property rights in the Digital Content, other than a limited non-exclusive, non-transferable, non-sublicensable licence to personally use the Digital Content for your non-commercial personal use in accordance with your Membership Contract;

(b) not to copy, reproduce, alter, remove, broadcast, distribute, publish, damage or otherwise interfere with the Digital Content; and

(c) to use the Digital Content for your own personal use and not for any commercial purpose or any purpose prohibited by law.

You agree that you will not:

3.2 impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Digital Content for any unlawful purposes;

3.3 use the Digital Content for any commercial or business purpose or the benefit of any third party;

3.4 sell, transfer or try to sell or transfer an account with us or any part of an account;

3.5 contravene any regulations or requirements of any network connected to our Digital Content;

3.6 disrupt or interfere with our Digital Content or networks or servers that provide our Digital Content;

3.7 use virtual private networks, false email addresses or any other means to mask your identity; or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;

3.8 disable or modify any copy protection technology used on our Digital Content;

3.9 make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Website, App or any of the Digital Content;

3.10 collect, harvest or ‘scrape’ any data from any web pages contained in our Website / App;

3.11 upload, share or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libellous, maliciously false, inaccurate, misleading, depicting violence (in a explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;

3.12 upload, share or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trademark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;

3.13 do or omit to do anything which would bring us, the Digital Content, our suppliers or other users into disrepute or in any way damage our or their reputation;

3.14 interfere with another user’s use and enjoyment of the Website, App or the Digital Content; or

3.15 use our Digital Content in any other way not permitted by these Conditions. We may suspend, restrict or terminate your account and your access to our Digital Content and Virgin Active Product with or without notice if we believe that you have breached these Conditions. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.

4. Copyright infringement and content takedown

4.1 Please note that we have no obligation to monitor, review, filter, moderate or remove any content from the Digital Content. Nevertheless, we reserve the right to take any such actions in our sole discretion.

4.2 If you believe that your work, or the work of someone you are authorised to represent, has been uploaded to our Digital Content, without your authorisation, or in any other way, that constitutes copyright infringement, you should notify us of your copyright infringement claim in accordance with the procedure below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To be effective, your notification must be in writing and contain the following information:

4.2.1 a statement that you have identified works which infringe your copyright, or the copyright of a third party on whose behalf you are entitled to act;

4.2.2 a description of the works that you claim is infringing or where it is located on the Digital Content, with enough detail that we may verify its existence;

4.2.3 a description of the copyright works that you claim have been infringed;

4.2.4 your full name, address and telephone number and a valid email address on which you can be contacted;

4.2.5 a statement that you believe in good faith that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and

4.2.6 a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or otherwise authorised to act on behalf of the owner of, the copyright work that is allegedly infringed.

Please send the notice containing the above information by email to info@virginactive.co.uk

Notwithstanding our position at 4.1, it is our policy to: (i) block accessto or remove material that we believe in good faith to be copyright works that have been illegally copied and distributed by any of our advertisers, affiliates, suppliers or users; and (ii) terminate repeat offenders’ use of the Digital Content.

We do not warrant in any way that the content or materials provided by our users or third parties are accurate, legal, non-infringing, reliable, current or error-free.

5. Membership coverage

Purchasing an Online+ Membership subscription provides you with full access to Digital Content. In addition, you can:

5.1 book and attend group exercise classes when you visit a Club (a “Club Visit”). The available Club Visits will appear in your account on the App. You are entitled to a number of Club Visits at certain Clubs which are included in your Online+ Membership subscription and as explained in our Digital Rules;

5.2 pay in advance for additional Club Visits;

5.3 use our Club facilities or attend a booked class where you have paid for your Club Visit in advance, and have received a Club Visit booking confirmation. You may only use the facilities of a Club:

5.4 for one occasion only, for each Club Visit confirmed by us;

5.5 at the time and in the location where you have booked your Club Visit; and

5.6 if you have received a Club Visit confirmation, or have been granted access by our Front of House staff.

We reserve the right to withdraw Club Visits by giving you at least 2 days’ notice by updating the membership portal.

As an Online+ Membership Holder you may possess one or more Memberships. We may impose restrictions on the number of streams that can occur simultaneously under a single Online+ Membership or the maximum number of users per Membership. The Online+ Membership Holder is responsible for all activity under the Membership(s) concerned. You will be able to book Club Visits or access the Digital Content from your Membership Start Date. You cannot suspend or freeze your Online+ Membership.

6. Membership Fees

6.1 Billing and Auto-renewal

A monthly Online+ Membership recurs on a monthly basis until cancelled in accordance with these Conditions. Billing occurs at the beginning of the Online+ Membership cycle and provides access for one month thereafter. An annual Online+ Membership recurs on an annual basis until cancelled in accordance with these Conditions. Billing occurs at the beginning of the Online+ Membership cycle and provides access for one year thereafter.

6.2 Renewal

By purchasing an Online+ Membership, you acknowledge that your Online+ Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Online+ Membership by you or Virgin Active. You pay upfront for a period of one month or 12 months for your Online+ Membership, depending on whether you are purchasing a monthly Online+ Membership or an annual one. At the end of this prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Online+ Membership will automatically continue on a rolling basis at the then-existing nonpromotional price for your Online+ Membership. To change or terminate your Online+ Membership, go to your Account Settings in App, or visit the Website.

6.3 Billing authorisation

You will be asked to provide a payment method that we accept in order to activate your Online+ Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorisation also applies to our payment processors and any companies who act as billing agents for us. You hereby authorise us to charge your specified payment method on a monthly or annual basis, in advance, for your Online+ Membership(s). You authorise the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Conditions shall be accepted as authorisation to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorise us to continue to attempt to charge with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and at any time the information you previously supplied becomes invalid. You acknowledge and agree that neither Virgin Active, nor any Virgin Active agent will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Conditions.

6.4 Payment

Online+ Membership Holders. You agree to pay the monthly fee specified when you purchased your Membership(s) (plus any applicable taxes or charges). If the amount to be charged varies from the amount you preauthorised (other than due to the imposition of, or change in, applicable tax), you have the right to receive and we will provide, notice of the amount to be charged and the date of the change before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Online+ Membership reaffirms that we are authorised to charge you for that Online+ Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.

We accept payment using MasterCard or VISA.

6.5 Third party payment processors

You agree to pay us, through our payment processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your Membership Account. We reserve the right to correct, or to instruct our payment processor to correct any errors or mistakes even if payment has already been requested or received.

6.6 Bill inquiries and refunds

If you believe you have been charged in error for an Online+ Membership, please notify us within 60 days of the billing date by emailing info@virginactive.co.uk. Virgin Active will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

6.7 If you are late paying your membership fees

We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

If you fail to make payments due under this Contract, we may contact a debt collection agency to help us get payment from you. We will only do this after we have written to you (at the email address we have on our records) asking for payment. We will add a fee of £30 to the amount you owe to cover our reasonable administration costs if we contact a debt collection agency. We will charge this fee each time we contact a debt collection agency, unless the missed payments are your bank or credit card provider’s fault. We also have the right to suspend your Online+ Membership (and refuse you entry to the Clubs) until you have paid the full amount you owe (including any administration fees) and the right to take legal action to recover the amount you owe.

7 How can I end my Online+ Membership?

Your rights to end the Contract.

7.1 You can always end your Contract with us.

If you have changed your mind about the Online+ Membership, you may be able to get a refund if you are within the cooling-off period (14 days from and including Membership Start Date), but this may be subject to deductions and you will have to pay the costs of return of any goods which were supplied with the Online+ Membership. In all other cases (if we are not at fault and there is no right to change your mind).

7.2 Ending the Contract because of something we have done or are going to do.

If you are ending the Contract for a reason set out below the Contract will end immediately and we will refund you in full. The reasons are:

(a) we have told you about an upcoming change to these Conditions or the other Contractual documents which you do not agree to and you let us know in writing within 7 days of the notification of change; or

(b) we have told you about an error in the price or description of the Membership you have requested and you do not wish to proceed.

7.3 You do not have a right to change your mind in respect of:

(a) online PT services, once these have been completed, even if the cooling-off period is still running; or

(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

7.4 How long do I have to change my mind?

You have 14 days after the day we email you to confirm we accept your Online+ Membership. However, if we have completed services purchased or given within the Online+ Membership you cannot change your mind about those, even if the cooling-off period is still running. If you cancel after we have started such services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

7.5 Even if we are not at fault and you do not have a right to change your mind, you can still end the Contract before it is completed.

If you want to end the Contract in these circumstances, just contact us to let us know. You can cancel at any time and you will have access to your Online+ Membership until your next payment date is due. You will not be entitled to a refund.

8. Tell us you want to end the Contract

To end the contract with us, please let us know by doing one of the following: (a) Email us at info@virginactive.co.uk Please provide your name, home address, Online+ Membership number and, where available, your phone number. (b) Online. Complete the form on our Website or App.

9. How we will refund you

If you are within your cooling-off period, we will refund you the price you paid for your Online+ Membership, by the method you used for payment. However, we may make deductions from the price, as described above.

10. Other Offers

We may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of this Contract. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified period of the trial or promotion. You will be required to have a valid payment method on file in order to initiate a free trial; in which case, if you do not cancel before your free trial period ends, your account will be converted to a paid Online+ Membership and will be charged in accordance with these Conditions.

11. Account registration

You can register by successfully completing a Virgin Active Online+ Membership purchase, and creating an Account on the Website. All information that you provide must be accurate, including your name, address, credit card number and expiration date, and any other payment information. You are responsible for keeping such information upto-date and must provide changes promptly to your Membership Account. Virgin Active’s use of your information is set out above and governed by our Privacy Policy here: https://www.virginactive.co.uk/the-legalstuff/privacy-policy You must promptly notify us or our payment processors if your payment method is cancelled, lost, stolen or if you become aware of a potential security breach such as the unauthorised disclosure or use of your card, username or password.

12. Suspension / termination by Virgin Active.

Virgin Active may immediately terminate or suspend your account and all or some of your Online+ Membership without notice if:

(a) Your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);

(b) You provide false or inaccurate information;

(c) You violate these Conditions, the Virgin Active Club Membership Terms and Conditions or any other Virgin Active Club Rules or Digital Rules then in effect;

(d) You engage in conduct that is a violation of any applicable law (including, without limitation copyright and intellectual property laws); or

(e) If you engage in conduct that is threatening, abusive or harassing to Virgin Active Members, staff, employees, agents or partners, including making threats to physically harm or damage property or expose confidential information.

(f) If we reasonably think that allowing your Online+ Membership to continue would be dangerous to, or would have any kind of negative effect on Virgin Active.

(g) If you give us details which you know to be false when applying for Online+ Membership and these false details may have reasonably affected our decision to grant your Online+ Membership. If we end your Online+ Membership for any of these reasons, we can keep part of the money you have paid to us under these Conditions to cover any reasonable costs we have to pay as a result of you breaking the terms of the Contract.

If we terminate or suspend your Online+ Membership, your licence to use any software or content provided in connection with the Membership is also terminated / suspended (as applicable). If your Online+ Membership is terminated, we have the right to immediately delete all files, data and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Online+ Membership after suspension, a restoration of service fee may apply. This fee would be in addition to all past due unpaid charges and other fees.

13. Summary of your legal rights

For detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or call 03454 04 05 06. See also exercising your right to change your mind (Consumer Contracts Regulations 2013).

14. Our responsibility for loss or damage suffered by you

14.1 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.

14.2 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; or for breach of your legal rights.

14.3 We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you within the Digital Content or the App generally, free of charge. We will not be liable for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.

14.5 The Digital Content is provided electronically and may be temporarily suspended without notice for security upgrades, maintenance, repair, systems failures, enhancements, modifications or failure of third party services (such as the internet). You release us from all claims arising from such service interruptions.

15. Other important terms

15.1 We may transfer this Contract to someone else. We may transfer our rights and obligations under these Conditions to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we deem our products or services to be unsuitable.

15.3 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.

15.4 We can make reasonable changes to these Conditions or the Digital Rules at any time for security, legal, regulatory or operational reasons. We will give you reasonable notice of any changes by displaying the new conditions or Digital Rules on our Website and App and sending them to you if you by email. If any change to these Conditions or the club rules significantly reduces the benefits of your Online+ Membership, you have the right to end your Online+ Membership see Clause 7.2 (a).

15.5 If a court finds part of this Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions 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.

15.6 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 Conditions, 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 products, we can still require you to make the payment at a later date.

15.7 These Conditions 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.

15.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Consumer Dispute Resolution Limited via their Website at https://www.cdrl.org.uk/