Own Your Goals Davina – Terms of Use

By using the Own Your Goals Davina website (currently, ownyourgoalsdavina.com) or the Own Your Goals App (Android or iOS) and thereby accessing the Own Your Goals Davina service (“OYG”), the user agrees to be bound by these terms and conditions.  

OWN YOUR GOALS DAVINA TERMS OF USE

1. AGREEMENT

1.1. These terms and conditions (the Terms) are the terms on which OYG is made available to you from time to time. By accessing OYG you agree to be bound by these Terms.

1.2. Please note that in order to subscribe to OYG you must be aged 18 years or older.

2. GENERAL INFORMATION ABOUT US

2.1. The OYG service is provided by Universal Pictures Visual Programming Limited, a company registered in England and Wales under registration number 00879487 and our registered address is 1 Central St. Giles, St. Giles High Street, London WC2H 8NU ("we"/"us"/"our").

2.2. If you have any feedback, questions,  or comments about OYG or any requests for technical support, please email us at support@ownyourgoalsdavina.com or visit https://www.ownyourgoalsdavina.com/for more information.

2.3. Our VAT number is: GB832636429.

3. THE OYG PLATFORM

3.1. Your subscription to OYG will continue on a recurring basis until you tell us you wish to cancel (in accordance with Section 11) or if we cancel your subscription in accordance with Section 13. Payments for the OYG service will be taken on a recurring basis (either monthly or annually, depending on your chosen subscription model), until the subscription is cancelled.  

3.2 In using OYG , you will be entitled, subject to these Terms, to access the audiovisual fitness and well-being features, materials and content, made available by us (the Content) on your PC, laptop, or any other authorised device capable of hosting the the Content, which may include iPads, mobile devices and web-enabled devices (each a Device), provided that such Device meets the minimum system requirements referred to in Section 4 below.

3.3. We reserve the right to change, suspend, remove or disable access to any Content or other materials on the OYG platform at any time without notice. This may be, for example, if there are any regulatory or legal changes or legitimate business reasons to do so. In no event shall we be liable to you for the removal or disabling of such Content or other materials on OYG.

3.4. To maximise your enjoyment of OYG from time to time we will need to fix bugs, install updates and carry out general diagnosis and maintenance. We will endeavour to operate scheduled maintenance during periods where we anticipate low levels of online use. We will also need to be able to do emergency maintenance and/or suspend access to OYG where, in our reasonable discretion, we see the need to do that. We will use reasonable endeavours to have the OYG available again as soon as practicable. 

3.5. We do not guarantee that OYG, or any of the Content, is virus free. We strongly recommended that you install virus protection software on your Device.

3.6. Please contact us at support@ownyourgoalsdavina.com should you have any problems accessing any of the Content available on OYG.

4. TECHNICAL REQUIREMENTS

4.1. To be able to use OYG you will require an internet connection speed of at least 1Mb with a recommended speed of at least 3Mb, You will also need to be in the UK to subscribe to OYG.

4.2. It is your responsibility to ensure that you are able to comply with any technical requirements that must be met for you to be able successfully to access OYG. We accept no responsibility for any lack of functionality that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software).

4.3. We may, in our sole discretion, from time to time amend the technical requirements required to avail of OYG features. It is your responsibility to ensure that your Device (as defined above) fulfils any minimum technical requirements set out in these Terms.

4.4. Please note that we may make upgrades to OYG from time to time. These upgrades may be needed to access Content or to take advantage of any new features on the OYG platform which we may make available. 

4.5. You acknowledge that the availability of OYG may be affected by internet traffic congestion or by other network, ISP, electronic or other communication problems or failures and that we are not responsible for the unavailability of any Content due to any such congestion, problem or failure.

4.6. It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges, mobile, data, subscription, or other charges or internet service provider access or subscription charges) that you may incur connecting to the internet in order to use OYG.

5. REGISTRATION, PASSWORDS AND SECURITY

5.1 Please note that in order to register an account you must be aged 18 years or over, and be fully able and competent to enter into these Terms, and abide by and comply with these Terms.

5.2 In order to use OYG, you will need to register a personal account.

5.3 To register your account you will be required to provide your email address and a password and to enter other information that we may ask for on our registration form such as (but not limited to) your first and last name and billing information (Registration). You should ensure that the password you choose is unique and not the same password that you use for other services. Your personal information will be processed in accordance with our Privacy Policy.

5.4 We reserve the right to refuse to allow any user to register for the OYG service.

5.5 When we receive your Registration details, we will send you an email confirming your Registration details and the details of your subscription to OYG. Your use of OYG will be deemed to have started when we send this confirmatory email. You can cancel your subscription to OYG in accordance with Section 11 below.

5.6 You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time by accessing ‘My Account’, however you will not be able to change the details of any Promotional Code and such Promotional Code may only be used once..

5.7 You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using OYG and we will not be responsible for losses suffered by you where your password or user name is used by someone else to access OYG, unless this is due to our negligence. You agree to notify us immediately by email to support@ownyourgoalsdavina.com if you become aware of or suspect any unauthorised use of your password or user name.

6. SUBSCRIPTION CHARGES

6.1. The charges payable for OYG are as set out on the OYG platform (or any accompanying promotional material) at the time you subscribe to OYG. Subscription charges may be varied by us from time to time on reasonable notice to you.

6.2 Your initial payment will be debited from the payment card details you supplied during Registration. This payment will be taken on the same day as Registration, unless you are availing of a Free Trial, where the payment will be taken on the day following the end of the Free Trial (unless you cancel the subscription at least 24 hours before the end of the Free Trial).

6.3 If you have chosen our monthly subscription package, payments will be taken on the same date each month as your initial subscription payment, or the next working day where applicable.

6.4 If you have chosen our annual subscription package, payments will be taken on an annual basis, with each subsequent payment being taken on the anniversary of the last payment (or the next working day thereafter).

6.5 Subscription charges may be varied by us from time to time, but you will receive reasonable notice (at least one month) and the opportunity to cancel your account before any price changes take effect.

6.6. The subscription charges include VAT or other sales taxes, if applicable. If your payment card processor or company imposes handling charges (as provided for in their terms of use) we may add such charges to the total charge you pay. By providing us with your payment card details you are specifying the country of issue as your country of residence for tax purposes.

6.7. We will make every effort to ensure that our subscription prices appear correctly wherever shown, however we will not be obliged to honour prices that are the result of obvious errors or mistakes.

7. YOUR PROMISES TO US

7.1 You confirm that:

(a) you are aged 18 years or over at the time you register for OYG, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms; and

(b) all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details in the ‘My Account’ section.

7.2 You agree to compensate us against the reasonable costs we incur in defending claims or legal proceedings brought against us by any other person as a result of your breach of these Terms (and that may include money we pay to them to settle claims).

7.3 If we take legal action against you for any breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.

7.4. You agree that you will not:

(a) use OYG in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;

(b) use OYG in any way that interrupts, damages, impairs or renders OYG  less effective;

(c) use OYG for any purpose other than your personal use;

(d) use OYG  to transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or which may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability:

(e) use OYG to advertise or promote third party or your own products or services, including (but not limited to) by way of the distribution of 'spam' email;

(f) transfer files that contain viruses, trojans or other harmful or malicious programs and/or software;

(g) share access with others, access or attempt to access the accounts of other users or to penetrate or tamper with or attempt to penetrate or tamper with OYG security measures including digital rights management (DRM) technology protecting the Content;

(h) reverse engineer, decompile (apart from where necessary for the purposes of interoperability), modify, copy or make backups of any of the software used in the provision of the OYG service, or attempt to do any of the foregoing; or

(i) other than with our express permission, copy, scrape, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, perform, communicate to the public or distribute in any way, all or any portion of: (i) the OYG platform software or (ii) Content on or made available via OYG, in each case other than for your own personal use or otherwise than in accordance with these Terms.

7.5. We reserve the right to suspend, restrict or cancel your access to OYG at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions contained in these Terms. This suspension or cancellation (as applicable) shall be in accordance with Section 13.1 below. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

8. RIGHTS GRANTED AND RIGHTS RESERVED

8.1. These Terms apply to all users of and visitors to OYG. We reserve the right to discontinue any aspect of OYG at any time. If we discontinue the OYG service as a whole, the provisions of Section 13.2 shall apply.

8.2. The content on OYG, including without limitation, the Content and any text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, logos, branding or any other intellectual property rights contained therein are owned by or licensed to us.

8.3. Save for your rights under Section 3.2 of these Terms, your use of OYG does not constitute any grant, assignment or transfer of rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties on OYG.

8.4. Any use other than that permitted under this Section 8 may only be undertaken with our prior express authorisation.

9. LINKS TO AND FROM OTHER WEBSITES

9.1. We permit you to link to materials on the OYG website for personal, non-commercial purposes only and provided that you immediately stop providing such links if notified by us.

9.2. We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.

10. PROMOTIONS

10.1. We may offer free promotional periods for OYG from time to time, enabling new subscribers to subscribe to OYG without paying a subscription fee during a free promotional period (Free Trial). Any Free Trial which we may offer you shall be subject to these Terms. Any such offer of a Free Trial shall be entirely at our discretion. Please note that unless otherwise stated, Free Trial offers are only available to new subscribers and cannot be used in conjunction with any other promotion or offer (including any Promotional Code). If you have previously received a Free Trial or other promotion, you may not be entitled to receive a further free promotional offer. Please contact us if you are not sure if you are entitled to a promotional offer or not. You may cancel your subscription during your Free Trial in accordance with Section 11.2 of these Terms. If you do not notify us of your intention to cancel before the end of the Free Period, you will be liable for subscription charges, in accordance with Section 6.

10.2. We may from time to time issue (directly or through a third party) OYG ‘Promotional Codes’ (each a Promotional Code) meaning a promotional code, unique activation link or voucher number for use on OYG, offering a free or discounted period on OYG.

10.3. When redeeming a Promotional Code, you need to make sure that you enter it accurately when prompted by the Service during registration.

10.4. Any other promotion or offer we provide (whether directly or through a third party) in relation to OYG may not be used in conjunction with any other current or past promotion or offer provided by us in relation to OYG .

10.5. Any use of a Promotional Code will be subject to these Terms and also the terms of the voucher/communication containing the Promotional Code. In the event of a conflict between these Terms and the terms of the voucher/communication containing the Promotional Code, Free Period or other offer (Offer Terms), the Offer Terms will apply.

11. CANCELLATION BY YOU

11.1. You can cancel your subscription at any time by (i) logging into ‘My Account’ and cancelling your subscription; or (ii) by contacting support@ownyourgoalsdavina.comproviding your account details and requesting to cancel.

11.2 Cancel at any time. If you cancel during a Free Trial, you will have access to OYG until the end of the Free Trial. If you cancel during a paid subscription, you will continue to have access to OYG until the end of your paid-up subscription period, and you will not be charged any further payments.

12. COOLING OFF PERIOD

12.1 For most products and services bought online, you have a legal right to change your mind within 14 days of entering the contract (the “Cooling-Off Period)”, cancel and receive a refund of any subscription fees paid during the Initial Cooling-Off Period. These Terms govern the supply of digital content. Digital content may only be accessed / made available before the end of the Cooling-Off Period if you expressly request it. However, this is subject to your express acknowledgement that, once the Content is made available to you, you will lose your right to receive a refund by cancelling during the Cooling-Off Period. Your general right to cancel your subscription (without a refund) is unaffected and will still apply, as described in Section 11.2.

13. SUSPENSION OR CANCELLATION BY US

13.1. If you breach any of these Terms we may immediately suspend your account and your access to OYG. If we reasonably believe that you have flagrantly or persistently breached any of these Terms we may cancel your subscription. If we cancel your use of OYG under this Section 13.1 such cancellation shall be immediate and without notice or refund.

13.2. In addition, we reserve the right to cancel your OYG subscription if we no longer provide the OYG service.

14. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

14.1 We accept liability for death or personal injury caused by our negligence or that of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

14.2. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, which means that they could be contemplated by you and us.

14.3. We make no guarantee that OYG will be provided uninterrupted.

14.4. We do not accept any liability for any losses, damage, costs or other liabilities incurred by you or for any loss of data from your computer system that results from:

(a) your negligence;
(b) your breach of these Terms; or
(c) anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, industrial action, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

14.5. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on OYG itself will be free from errors or omissions.

14.6. Access to OYG may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (as described in Section 14.4.(c)).

14.7. You have certain statutory rights, including those contained in Part 1 of the Consumer Rights Act 2015 pertaining to contracts for the supply of digital content. Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office or Consumer Protection Bureau.

14.8. Our total liability to you for any loss or damage arising out of or in connection with these Terms shall be limited to the total amount paid from you to us in the calendar month preceding the relevant incident.

15. PRIVACY

15.1. For more information on how we process your personal data and who we share it with, please read our Privacy Policy (https://www.nbcuniversal.com/privacy/european).

15.2. We will comply with any applicable law or binding court order requiring or directing us to disclose the identity of and/or to locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of OYG.

16. CHANGES TO THESE TERMS
We may change these Terms at any time. If we do so, we will give you reasonable notice and publish the modified Terms on the OYG platform. It is your responsibility, however, to review these Terms as amended by us from time to time. If any amendment to these Terms is unacceptable to you, you should cancel your subscription to OYG. Your continued use of OYG following any amendment of these Terms will signify your agreement to and acceptance of its revised terms.

17. SEVERANCE
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

18. TRANSFER

18.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

18.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that OYG will be made available to you on the same terms or terms that are no less advantageous to you.

19. THIRD PARTY RIGHTS

These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under Section 18.2.

20. DISPUTES 

20.1. We will do our best to resolve any disputes in relation to these Terms. By using OYG, you agree that the laws of England and Wales shall apply in relation to any disputes between us.

20.2. If you have any complaints about OYG then please email us at support@ownyourgoalsdavina.com or visit https://www.ownyourgoalsdavina.com/ for more information. We will do our best to address and resolve your complaint. If you are not satisfied, the Chartered Trading Standards Institute contains a list of approved alternative dispute resolution ("ADR”) bodies, however we are not obliged to engage with ADR bodies, and assessments will be made on a case-by-case basis.  

These Terms and Conditions were last updated on 18 October 2024.

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Source Citations can be found here https://ownyourgoalsdavina.com/pages/references