4d.me Terms & Conditions of supply

 

Our terms

 

1. These Terms

  • What these terms cover. These are the terms and conditions on which we supply “products” to you, whether these are goods, services or digital content provided via our website, mobile body mapping booths and/or mobile applications.
  • Why you should read them. Please read these terms carefully before you submit your registration application and/or scan request to us. These terms tell you who we are, how we will provide services and/or products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

 

2. Information About Us and How to Contact Us

  • Who we are. We are 4D Reality Limited (Company Number 11830535) registered in England and Wales and whose registered office is located at Ground Floor, 19 New Road, Brighton, East Sussex, United Kingdom, BN1 1UF. Our registered VAT number is 319 2550 09.
  • How to contact us. You can contact us by writing to us at support@4d.me.
  • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your registration application or as otherwise updated from time to time.
  • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. Our Contract With You

  • To use and obtain the Products, you must register a user profile. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that we may use your Member Data to provide the Products for which you have expressed interest and as otherwise set forth in these terms. If you provide any information that is inaccurate or not current, or we have reasonable grounds to suspect that such information is inaccurate or not current, we have the right to suspend or terminate your account and refuse current or future use and/or provision of the Products.
  • How we will accept your order. Our acceptance of your order will take place when (1) you have created a valid operating profile and (2) you have successfully obtained credits or a QR Code for a body mapping session and you complete a scan at one of our mobile units. It is at this point at which point a contract will come into existence between you and us.
  • If we cannot accept your order. If we are unable to accept your order and process a scan, we will inform you of this and you will not be charged for the product. This might be because the booth is out of service, because of unexpected effects on internet access as the site of the booth, limits on our resources which we could not reasonably plan for, because a credit has not been made to your account, because we have identified an error in the price or description of the product. In such circumstances, we will organise either a further scan and delivery of product or, if this is not possible a refund to you for the cost of the failed scan from the relevant gym operator or other provider as soon as is reasonably practicable.
  • Account and Passwords. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Products. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We shall use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your digital content or scans (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Products or its contents. You agree to immediately notify us of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Member Data and any other information or content you provide to us.

 

4. Our Products

  • Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the style, colours and appearance accurately, we cannot guarantee that a device’s display accurately reflects the products. Your product may vary slightly from those images.

 

5. Your Rights to Make Changes

  • If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

6. Our Rights to Make Changes

  • Minor changes to the products. We may change the product:
    • to reflect changes in relevant laws and regulatory requirements; and
    • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product
  • Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it we provided to you before you bought it.

 

7. Providing the Products

  • Delivery costs. The costs of delivery will be as told to you by the relevant gym operator or other provider where the 4d.me scanning booth is located.
  • When we will provide the products.
    • If the product is a one-off purchase of digital content. We aim to make the scan and digital content available for online access by you as soon as reasonably practicable following the body mapping scan. We will require a minimum of 3 hours to process the scan and make it available for access within a period of up to 24 hours from your scan.
    • If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you in accordance with the timescales identified under clause 7.2.1 and until either you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
  • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. We will organise such refund from the relevant gym operator or other provider as soon as is reasonably practicable.
  • Access to the products. The body mapping scans and all other digital content shall only be made available from our website www.4d.me or via our approved 4d.me App. As detailed above you will require a registered and authorised profile before and in order to access the products. The products will not be available for download nor will you be provided with any other information other than access, via our approved site or App, to the products.
  • Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
    • we have refused to deliver the products; or
    • delivery within the delivery deadline was essential (taking into account all the relevant circumstances).
  • Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
  • Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 5 or clause 7.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them. After that we will organise a refund from the relevant gym operator or other provider as soon as is reasonably practicable for any sums you have paid for the cancelled products and their delivery.
  • When you own goods. You own a product which is goods once we have received payment in full.
  • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the registration application or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (see clause 1). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
  • Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 6).
  • Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will organise the refund any sums you have paid for the product in respect of the period after you end the contract.

 

8. Your Rights to End the Contract

  • You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”).
  • What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
    • we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
    • there is a risk that supply of the products may be significantly delayed because of events outside our control;
    • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 weeks;
      or
    • you have a legal right to end the contract because of something we have done wrong (but see clause 4 in relation to your rights to on end the contract if we deliver late).
  • What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund £3 as compensation for the net costs we will incur as a result of your ending the contract.
  • What happens to the products if you end the contract. Where you end the contract your access to your profile will be closed and you will no longer be able to view the products.

 

9. Our Rights to End the Contract

  • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
    • you do not complete your profile registration or you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
    • you do not access your profile or there is a period of inactivity in relation to your profile which (in our reasonable opinion) would indicate that you no longer wish to use or access the products.
  • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we may refund any money you have paid in advance for products we have not provided but we may deduct or charge you £3 as compensation for the net costs we will incur as a result of your breaking the contract.
  • We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

10. If There Is a Problem With the Product

  • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at support@4d.me. Alternatively, please speak to one of the staff members from the relevant gym operator or other provider where the 4d.me mobile scanning booth is located.
  • Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

 

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

As the principle product is digital content, for example, online access to the body scans, a mobile phone app or a subscription to a streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

if your digital content is faulty, you’re entitled to a repair or a replacement.

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example continued access to the online platform to assess your scans, the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

  • Your right to change your mind. We, 4D Reality Limited (Company Number 11830535) registered in England and Wales and whose registered office is located at Ground Floor, 19 New Road, Brighton, East Sussex, United Kingdom, BN1 1UF, offer the following guarantee which is in addition to your legal rights (as described in clause 2) and does not affect them. If you change your mind about a product before it is delivered please contact us to arrange for a full refund. There is no obligation to return digital content or services. This guarantee is only offered to consumers resident in the UK. Please be aware that where access to the product has been uploaded to your profile and you have accessed your profile, you will then not be able to change your mind and cancel the contract unless the provisions in this clause 10 above are applicable.

 

 

11. Price and Payment

  • Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in the price list in force at the date of your order and informed to you by the relevant gym operator or other provider where the 4d.me mobile scanning booth is located unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct.

 

  • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

  • When you must pay and how you must pay. We have organised for the relevant gym operator or other provider where the 4d.me mobile scanning booth is located to collect payment prior to any scan being completed. You will be presented with a QR Code in order to operate the relevant scanning booth and you will also, as detailed above, require a valid and registered profile in order to operate the booth and completed a body mapping scan.

 

 

12. Our Responsibility for Loss or Damage Suffered By You

  • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

 

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987

 

  • 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.

 

13. How We May Use Your Personal Information

    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the products to you;
      • to process your payment for the products; and
      • if you agreed to this during the registration process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
    • We may pass your personal information to the relevant gym operator or other provider where the 4d.me mobile scanning booth is located. We may pass your personal information to the relevant gym operator or other provider where the 4d.me mobile scanning booth is located and they may keep a record of any search that they do.
    • We will only give your personal information to other third parties where the law either requires or allows us to do so.

 

14. Other Important Terms

  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • 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.
  • 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.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the 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.

 

 

 

 

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