Terms and Conditions of Sale

Diverse Active C.I.C. – Consumer Terms and Conditions of Sale (online) – www.MamafitUK.com

Contents

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Clause

1. These terms1
2. Information about us and how to contact us1
3. Our contract with you1
4. Our products2
5. Your rights to make changes2
6. Our rights to make changes2
7. Providing the products3
8. Risk5
9. Your rights to end the contract6
10. How to end the contract with us (including if you are a consumer who has changed their mind)9
11. Our rights to end the contract10
12. If there is a problem with the product11
13. Your rights in respect of defective products11
14. Price and payment12
15. Our responsibility for loss or damage suffered by you if you are a consumer13
16. Our responsibility for loss or damage suffered by you if you use the products for any commercial, business or re-sale purpose14
17. How we may use your personal information14
18. Other important terms15

Schedules

Schedule 1      Terms of Membership16

Schedule 2      Model Cancellation Form for consumer customers18

 

Our terms

1. These terms
   1. What these terms cover. These terms and conditions, and your order acknowledgment, are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. In the event of any inconsistency or conflict between these terms and conditions and your order acknowledgment, these terms and conditions shall have priority.
   2. Why you should read them. Please read these terms carefully before you submit your order to us via our website (www.MamafitUK.com). These terms tell you who we are, how we will provide 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, please contact us to discuss.
2. Information about us and how to contact us
   1. Who we are. We are Diverse Active C.I.C. a company registered in England and Wales. Our company registration number is 09653555 and our registered office is at 28 Immingham Drive, Liverpool, Merseyside, L19 2HB.
   2. How to contact us. You can contact us by writing to us at info@diverseactive.org.uk.
   3. How we may contact you. If we need 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 order.
   4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
   1. How we will contract with you. We offer all our goods for sale on an individual, per-transaction basis. We offer all our services and digital content under an ongoing membership (subscription) basis only, the terms of which are set out at Schedule 1 of these terms and further details of which are set out here:- Membership Packages. For purchases of all products you must submit an order via our website (www.MamafitUK.com).
   2. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
   3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to fulfil the order.
   4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
   1. Products may vary slightly from their pictures. Although we make every effort to display the nature of our products accurately on our website, the images of the products on our website are for illustrative purposes only. Our services (e.g. class size, location, identity of trainer etc.) will be dependent on the particular class or activity booked.
   2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
   3. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
   4. Provision of equipment. Unless you are notified otherwise, you shall be required to provide your own equipment required for engaging with our services or digital content.
5. Your rights to make changesIf 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
   1. Minor changes to the products. We may change the product:
      1. to reflect changes in relevant laws and regulatory requirements; and
      2. to implement minor technical adjustments and improvements.
   2. More significant changes to the products and these terms. In addition, we may:
      1. cancel services due to unforeseen circumstances (including, but not restricted to, lack of trainer availability, low participation numbers, weather conditions and issues with the proposed location/facilities);
      2. change the time and location at which we deliver our live services;
      3. change the platform on which we deliver our remote live services; and
      4. change the format in which we deliver our digital content.

      In the event any of the scenarios at clause 6.2(a) – 6.2(d) above occur, we will endeavour to notify you as soon as possible and, where possible, we shall seek to reschedule any services affected. You will not be entitled to a refund or part refund in such circumstances.

   3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description we provided to you before you bought it.
7. Providing the products
   1. Delivery costs. Any costs of delivery will be as displayed to you on our website during the order process.
   2. When we will provide the products.
      1. If the products are goods. If the products are goods we will provide you with any delivery options available, which shall include an estimated delivery date (where possible) within 30 days after the day on which we accept your order.
      2. If the products are services or digital content. We will supply the services available under your level of membership as per our services timetable, which runs for a minimum of 44 weeks per annum and is set out within the online dashboard made available to members. We will make any digital content available under your level of membership on demand from the date your membership begins. We will supply such services and access to digital content to you until you end the contract as described in 9 or we end the contract by written notice to you as described in 11.
   3. 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.
   4. Collection by you. If you have chosen to collect the products during the order process, you can collect them from us by a prior arranged appointment and we will contact you about this.
   5. If you are not at home when the product is delivered. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 11.2 will apply.
   6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and 11.2 will apply.
   7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address (or allocated safe place) you gave us or you collect it from us.
   8. When you own goods. You own a product which is goods once we have received payment in full.
   9. 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, for example (but not restricted to), the size of goods or certain information for provision of services (such as customer evaluations and feedback) or digital content. We will contact you in writing 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 either end the contract (and 11.2 will apply), suspend the provision of certain services until such information is provided or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. 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.
   10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
       1. deal with technical problems or make minor technical changes;
       2. update the product to reflect changes in relevant laws and regulatory requirements;
       3. make changes to the product as requested by you or notified by us to you (see 6); or
       4. satisfy, for our own purposes, that we deem it suitable to provide the products to you (see clause 8.2).
   11. 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. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. 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 21 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
   12. We may also suspend supply of the products if you do not payIf you do not pay us for the products when you are supposed to (see 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see 14.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see 14.5).
8. Risk
   1. Your responsibilities. You shall:-
      1. ensure you have adequately assessed (or have sought the requisite medical advice which shall enable you to assess) your suitability to safely use or engage with our products;
      2. ensure you have adequately warmed up and have access to the appropriate space, facilities and equipment to safely engage with our products; and
      3. provide us with accurate information in respect of your health through the completion of our questionnaires at the beginning of your membership and you shall continually keep such information up to date (and inform us of any changes to your health or fitness) for the duration of our contract via the functionality within your user dashboard. In providing us with such information, and in agreeing to these terms, you specifically authorise us to hold such data in accordance with our Privacy Policy.

      We shall bear no responsibility for such matters set out within this clause.

   2. Our responsibilities. We are not qualified to provide you with any medical advice in respect of your obligations under clause 8.1 and we do not hold ourselves out to be. We require information relating to your health for the sole purpose of conducting our own risk assessments only. In doing so, we may determine at our sole discretion that particular products may, in our opinion, perhaps present risk to you, and for which we may decide not to accept your order (see clause 3.3) or we may suspend or delay the provision of your order until you obtain the requisite medical advice (see clause 7.10).
9. Your rights to end the contract
   1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
      1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see 13;
      2. If you want to end the contract because of something we have done or have told you we are going to do, see 9.2;
      3. If you are a consumer and have just changed your mind about the product, see use 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
      4. In all other cases, see 9.7.
   2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming change to the product or these terms which you do not agree to (save for the exceptions noted at use 6);
      2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
      4. 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 21 days; or
      5. you have a legal right to end the contract because of something we have done wrong.
   3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms
   4. Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by Diverse Active C.I.C. a company registered in England and Wales to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see 13.1):
      

      Right under the Consumer Contracts Regulations 2013.	How our goodwill guarantee is more generous.
      14 day period to change your mind.	21 day period to change your mind.
      Consumer to pay costs of return.	We pay the costs of return.

   5. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
      1. digital products after you have started to download or stream these;
      2. services (such as classes), once any of these have been accessed, even if the cancellation period is still running;
      3. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
      4. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
   6. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
      1. Have you bought services? If so, you have 21 days after the day we email you to confirm we accept your order. However, once we have started or completed the services you cannot change your mind, even if the period is still running, as per clause 9.5.
      2. Have you bought digital content for download or streaming? If so, you have 21 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered or provided access to the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
      3. Have you bought goods? If so, you have 21 days after the day you (or someone you nominate) receives the goods, unless:
         1. Your goods are split into several deliveries over different days. In this case you have until 21 days after the day you (or someone you nominate) receives the last delivery.
         2. Your goods are for regular delivery over a set period. In this case you have until 21 days after the day you (or someone you nominate) receives the first delivery of the goods.
   7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see se 9.1), you can still end the contract before it is completed, but you may have to pay us compensation.
      1. For goods. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
      2. For services and digital content. As per clause 3.1, contracts for services and digital content are under an ongoing membership (subscription) basis only, the terms of which are set out at Schedule 1, and is completed upon acceptance of an order, given access to services and digital content will be made immediately available to you. If you wish to end a contract for services and digital content before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. On the basis you have neither engaged with any services nor downloaded or streamed any digital content, it will be at our sole discretion to agree to end the contract and, in the event we do agree, we may deduct from any refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. How to end the contract with us (including if you are a consumer who has changed their mind)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
       1. Online. Complete the online form set out within the user dashboard on our website.
       2. Email. Email us at info@diverseactive.org.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
       3. Print off the form set out at Schedule 2 and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you collected them by a prior arranged appointment, post them back to us at 28 Immingham Drive, Liverpool, L19 2HB or (if they are not suitable for posting) allow us to collect them from you. Please email us at info@diverseactive.org.uk for a return label (where applicable) or to arrange collection. If you are a consumer exercising your right to change your mind you must send the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
       1. if the products are faulty or misdescribed; or
       2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

       In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
    5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
       1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
       2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
       3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
       1. If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see 10.2.
       2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
11. Our rights to end the contract
    1. 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:
       1. you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
       2. 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; or
       3. you do not, within a reasonable time, allow us to deliver the products to you (or collect them from us, where applicable).
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in se 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    3. We may withdraw the product. As per clause xii of Schedule 1, some of our products are only available on a seasonal basis and we also reserve the right to remove products from our offering at any point. We may write to you to let you know that we are going to stop providing a product.
12. If there is a problem with the productHow to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@diverseactive.org.uk.
13. Your rights in respect of defective products
    1. If you are a consumer 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 products. Nothing in these terms will affect your legal rights.
       

       Summary of your key 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. If your product is goods, for example a water bottle, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also 8.3. If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: a) If your digital content is faulty, you’re entitled to a repair or a replacement. b) 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 c) 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 See also 9.3. If your product is services, for example an exercise class, the Consumer Rights Act 2015 says: a) 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. b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable. c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time. See also 9.2.

    2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at info@diverseactive.org.uk for a return label or to arrange collection.
14. Price and payment
    1. Where to find the price for the product. 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.
    2. We will pass on changes in the rate of VAT. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    3. What happens if we got the price wrong. We accept payment via our third party payment provider Stripe, who accept the credit cards and debit cards noted on their website (www.stripe.com/gb). When you must pay depends on what product you are buying and the basis upon which you are contracting with us:
       1. For goods, you must pay for the products before we dispatch them.
       2. For ongoing digital content and/or services, you must subscribe to one of our membership packages which require you to pay a monthly, quarterly or annual amount in advance of us making the products available to you, details of which are available here:- Membership Packages. Our terms of membership are set out at Schedule 1.
    4. When you must pay and how you must pay. We accept payment via our third party payment provider Stripe, who accept the credit cards and debit cards noted on their website ( www.stripe.com/gb ). When you must pay depends on what product you are buying and the basis upon which you are contracting with us:
       (a) For goods, you must pay for the products before we dispatch them.
       (b) For ongoing digital content and/or services, you must subscribe to one of our membership packages which require you to pay a monthly, quarterly or annual amount in advance of us making the products available to you, details of which are available here:- https://mamafituk.com/join/. Our terms of membership are set out at Schedule 1.
    5. 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 4% a year above the base lending rate of Barclays bank 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.
    6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
    1. 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, for example, if you discussed it with us during the sales process.
    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; for breach of your legal rights in relation to the products as summarised at 13.1 and for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or 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.
    4. We are not liable for business losses. If you are a consumer we strictly only supply the products to you for your own domestic and private use. If you use the products for any commercial, business or re-sale purpose, which shall be a breach of these terms and conditions, our liability to you will be limited as set out in use 16.
16. Our responsibility for loss or damage suffered by you if you use the products for any commercial, business or re-sale purpose
    1. Nothing in these terms shall limit or exclude our liability for:
       1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
       2. fraud or fraudulent misrepresentation;
       3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
       4. defective products under the Consumer Protection Act 1987.
    2. Except to the extent expressly stated in 16.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to ause 16.1:
       1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
       2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
17. How we may use your personal information
    1. How we will use your personal information.We will only use your personal information as set out in our. Privacy Policy
18. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    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.
    4. 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.
    5. 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.
    6. Which laws apply to this contract and where you may bring legal proceedings. If you are a consumer, please note that these terms, its subject matter and its formation are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    7. Alternative dispute resolution. If any issue arises in respect of these terms then you must contact us at info@diverseactive.org.uk to arrange a meeting (to take place either remotely or in person) to discuss matters and seek to have the issues resolved before any form of litigation is contemplated. Should you fail to take such steps, we reserve our right to highlight this term to any court, tribunal or any other body in respect of costs.