Terms & Conditions

FitMixPro Terms of Use

The Main Points:

A. By using this site you confirm that you are a fitness professional.

B. You accept that to play music purchased from FitMixPro.com in public you are responsible for ensuring you are covered by an appropriate public performance licence.

For the rest of the terms and conditions please read below:

Privacy

You can always see and edit the info we hold about you in 'My Account' on the website. If you have any questions on Privacy or Data please email us on info@fitmixpro.com.

How we use your information: The email address you register with will be used to send you receipts, and to tell you when a mix has been completed. If you've ticked the newsletter box you'll also receive emails about new music and features. We use cookies to track your mix details and track selections. We may use your purchase info to monitor piracy.

If you have used a credit code from a partner company we may need to provide them with your details to verify records. Under our licence with PPL UK Ltd we are obliged to share with them the Name, Address and Postcode you enter when registering. You consent to this on registration. For the avoidance of doubt, we never share your email or Paypal details.

Refund Form

If you are not happy with a mix and have not yet used it, you can request a refund for the music provided (unless the mix was bought with credit, has been used in public already, is older than 14 days, or you have already received a refund for a previous mix). Refunds may take up to 14 days. To request a refund please print, sign and post/scan the following text, which we need in order to comply with licensing:

Name:

Email:

Address (inc Postcode):

Please refund me for the mix I purchased on ________ from FitMixPro.com. I confirm that I have not used it, and will destroy all copies of the mix. I understand that after requesting a refund my purchase details will be updated with PPL UK Ltd.

If you accept the conditions please sign and date it below, and post it to: Customer Services, MixAlbum.com, Suite 1, Higher House, Kingscott, Torrington, Devon, EX38 7JJ. Once we've received your request we'll refund the money to the Paypal address used to purchase the mix.

FitMixPro.com Use Other Than For Professional Fitness

Music supplied from FitMixPro at the prices given in the Track Details pages is strictly for bona fide professional fitness use. You agree that we hold the rights in the download delivery system, and website FitMixPro.com, and if you use any of our services for any purpose other than as a fitness instructor using them within professional fitness, in consideration of these services provided by us, you agree to pay us £500 + VAT per track downloaded. This fee does not include any rights to use the music for anything other than professional fitness.

The Service

Although we strive to provide the best facilities we can to ensure maximum speed and availability from our servers and software, FitMixPro does not offer any SLA (Service Level Agreement) or any guarantee in relation to Service up-time or availability for any service. All Services provided are on an 'as is' basis.

FitMixPro reserve the right to add, remove or amend any feature or Service at any time without notice, explanation or liability without limitation. FitMixPro reserves the right to alter the content or features of any Service without prior notice, explanation or liability.

Security

We take all reasonable precautions to protect information about you from loss, misuse and alteration. Agents, partners and sub-contractors who have access to your information have a duty of care as detailed in our contracts with them and are not permitted to use it for any other purpose unless you have given your explicit permission in detail that they may do so.

Payment Encryption Technology (full site only)
To protect security we use the most advanced Encryption Technology, anti-intruder and anti-infection techniques when you are providing payment details. You can download an update to the default browser we recommend you use with this site, Internet Explorer 5 or above, which will give you 128 bit encryption.

Destruction of Confidential Materials
Manual destruction of files, records and computer print-outs containing sensitive data are carried out in a secure way by either internally shredding or using a supplier who uses secure disposal methods.

Automated Collection of Other Information
Some non-personal information may be collected automatically, such as the computer operating system and the type of browser software you are using, along with special codes that tell us which pages you have visited. Some information is stored in the form of a 'cookie', a small file which remains on your computer but which acts as a reminder about any preferences or tracks you have selected when visiting our site. We only use 'cookies' to improve our service to you. We may occasionally allow this non-personal data to be used by third party content suppliers, to help us serve you with more relevant content. We may also store your log in details on your computer, but only if you explicitly request us to do so. Remember that if you opt for us to do this, any other user of the same computer can access your account. You can delete this 'cookie' by clicking the Log Out link at the top of any page.

Switching Cookies Off
Cookies are required in order to become a member of FitMixPro, or to use the FitMixPro Services.

Linked Sites
This Privacy Promise does not apply to any third parties over whom we have no control.

Changes to our Privacy Promise
We reserve the right to change this statement at any time without warning to meet any statutory requirements or changes in the nature of our activities and services. This privacy statement does not form the basis of any contract between any party. You agree to check for changes to this policy before using this service.

Some personal information you provide to FitMixPro may be stored outside of the country in which you reside.

Subscriptions

Registration on FitMixPro.com is free. If you choose a Premium Subscription package, Premium Subscription credit will be added to your account each month as soon as payment is made, and all music and unused credit will roll over and be available until the Premium Subscription expires - Premium Subscription Credit is for use during the subscription period only, and will be void once the Subscription expires. Any mixes you had saved on the app before subscribing will still be available.

Each account can only be used by one person, the instructor as named on the account at the time of signing up. Accounts are non-transferrable. Sharing mixes is copyright theft, which could be the subject of criminal and civil proceedings.

PPL licences cannot be purchased with music credit. PPL Licences are not included in Subscriptions agreed to after 30th April 2013. Savings calculation based on an hour long mix having 17 tracks on average.

To use this service you will need good WiFi internet access to download the mixes (but subscribers can play the mixes offline).

Unused credit rolls over during your subscription. Mixes created, and any credit added during the subscription, are only available during your subscription. Playing music from a subscription requires you to refresh the app online at least once every 30 days. We have absolutely no connection with Spotify(R), and any references to third party services are purely for descriptive purposes.

Backup Included: Mixes bought during a subscription can also be downloaded to your App once extra per year, provided you're still a Premium subscriber. Let us know if you need a hand with this.

Nothing stated on the site constitutes legal advice, you are responsible for using the music within the licences you have.

Membership Offers: Offers must be claimed within 30 days of Premium membership starting. New customers only. Cashback/Refunds cannot be made if a Refund has already occurred on the account. One Refund per customer. We reserve the right to withdraw this offer at any time without prior notice.

To cancel the subscription: Log into Paypal, click on Settings (Gear icon) > Payments > Manage your Pre-approved payments > Click on us, then click Cancel.

Credit Codes and Track Use

Credit Codes cannot be resold at a higher value than as supplied. Credit Codes cannot be refunded.

If an extra mix use is included in the track price, the funds are allocated such that the initial price of the first mix is split pro rata over the two mixes.

REPs Mix Offer additional terms: For current REPS members only. By sending us your information you are allowing us to share it with REPs. One free mix per instructor. We may withdraw this offer at any time without giving notice. Not available in conjunction with any other offer. Please allow 3 business days for the credit to be added. Subject to the checks, £11 of music Credit will be added to your account, which will allow you to download a 10-track mix for free. The credit cannot be claimed against previously purchased mixes. You may add more tracks at cost to you.

Prize Draw: Winner will be selected at random within 5 days of the end of the previous month. Administrators descision is final. We reserve the right to close the prize draw at any point.

FITMIXPRO acceptable use policy

IMPORTANT NOTICE: This policy (the "Acceptable Use Policy" or "this Policy") sets out the terms between you and us under which we will provide you with access to the information and services we offer from time to time via the FitMixPro website located at www.FitMixPro.com (the "FitMixPro Service"). It is, therefore, very much in your interests to read them carefully.

If there is anything in this Policy that you do not understand then please contact our Customer Care Department at info@FitMixPro.com

Unless otherwise stated, the FitMixPro Service is provided to you by Higher House Productions Ltd, a company registered in England and Wales (company number 5001955) whose registered office is located at Kingscott, Great Torrington, Devon , EX38 7JJ . References to FitMixPro in this Policy are to "we", "our" and "us".

1. Your Use of the FitMixPro Service
1.1 The FitMixPro Service is intended to appeal to a wide range of audiences and as such not all of the FitMixPro Service is suitable for use by children. Parents and guardians are reminded of the importance of supervising young children's' use of the FitMixPro Service. Parents or guardians of children shall be responsible for the actions of any children using the FitMixPro Service.
1.2 You may use the FitMixPro Service only for lawful purposes. You may not use, and shall take all reasonable steps to ensure that no other person uses, the FitMixPro Service:
1.2.1 in a way that does not comply with the terms of any laws applicable to you or that is in any way unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
1.3 If you do not follow the guidelines set out herein, you agree to indemnify us against all claims, demands, actions, costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred as a result of your actions.
1.4 You hereby agree to indemnify, defend and hold harmless Higher House Productions Ltd, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from: (i) any violation by you of these Terms of Use; (ii) any third party claim of invasion of privacy or infringement of copyright or other intellectual property rights arising from your use of the content; (iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Higher House Productions Ltd.
1.5 In accordance with this agreement, you agree to pay us a fee of £40 to cover any PayPal claims, or credit card charge back fees, and associated administration costs we incur if you initiate a credit card charge back or PayPal complaint without first applying for a refund using the form above, and allowing 7 days for the refund to be applied.

2. Intellectual Property Rights
2.1 You agree that the material and content contained in, or provided by, FitMixPro as part of the FitMixPro Service is for your use only and may not be distributed to anyone and you are prohibited from using such content commercially without our permission.
2.2 Your use of the FitMixPro Service carries with it no rights in relation to copyright, trademarks or other intellectual property rights that belong to us or third parties that have granted us licences to use their intellectual property. The FitMixPro.com logo and FitMixPro.com name are trademarks of Higher House Productions Ltd.
2.3 You may not display the contents of the FitMixPro Service or any part of them in a frame surrounded by other material not originated by us.

3. Limitations on the FitMixPro Service
3.1 You should note that various elements of the FitMixPro Service may not provided by us but instead by other companies. We are therefore unable to guarantee that such products and services or any websites accessible via the FitMixPro Service are virus or error free. You should check all emails, attachments and files before downloading them.
3.2 You agree that all music downloaded from FitMixPro is for use in the EU under a valid public performance licence, and you are responsible for ensuring you are covered with such licence.
3.3 You agree that all music downloaded from the website remains the property of Higher House Productions Ltd, and if we request you to do so you agree to return or destroy any copies any downloads so requested. 3.4 Your dealings with, and interest in, promotions, services, or merchants found via the FitMixPro Service are solely between you and the person with whom you are dealing unless we expressly state otherwise.
3.5 We, or merchants and content providers found via the FitMixPro Service, may provide links to other web sites or resources. We are unable to accept responsibility for these web sites or resources; neither have we endorsed their content, products or services merely because they are accessible via the FitMixPro Service.
3.6 We make all reasonable efforts to ensure that all information provided by us in connection with the FitMixPro Service is accurate at the time of its inclusion, however, there may be errors, inaccuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about the information included on our web pages (including links to third parties' web pages). You shall be solely responsible for any decisions based on the information contained on such web pages.
3.7 Information provided by FitMixPro does not constitute legal or professional advice and should not be relied upon without taking independent advice.
3.8 We take reasonable steps to safeguard the security of any information you input or send to us in connection with the FitMixPro Service by using secure services and encryption technology where we deem appropriate, however, we accept no responsibility for any damages that you may suffer as a result of the loss of confidentiality of such information.
3.9 You acknowledge that licensed telephone operators provide the telephone networks which are utilised by us and therefore we cannot guarantee that the FitMixPro Service will be uninterrupted or error free. Similarly, we cannot guarantee that the transmission of information over the Internet will be secure or that you will be able to access the Internet at all times or at the speeds that we have indicated are available.
3.10 You agree that any credit codes purchased from us are non-refundable, can not be resold, and can only be used in accordance with these Terms and Conditions.
3.11 You agree that, unless we specifically state otherwise, we shall provide the FitMixPro Service to you without any conditions, warranties or guarantees whether express or implied, including but not limited to any implied warranties or conditions as to satisfactory quality or fitness for a particular purpose, which are expressly excluded, to the extent permitted by law.

4. Our Liability to You
4.1 We do not limit our liability if you die or are injured as a result of our negligence or you suffer loss as a consequence of any fraud by us.
4.2 We shall not be liable to you in contract, tort (including negligence) or otherwise for:
4.2.1 any damage or loss arising from the consequences of viruses received by you via the FitMixPro Service or of our failure to provide the FitMixPro Service in accordance with this Policy; or
4.2.2 any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to losses caused by viruses.
4.3 Except as set out in paragraph 4.1 any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the FitMixPro Service is limited to £200 in any 12 month period.
4.4 We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; fire; flood or storm).
4.5 Each provision of this section 4 operates separately. If any part is held by a court to be unreasonable or inapplicable then the other parts shall still apply.

5. Suspension and Termination of the FitMixPro Service
5.1 We may suspend or terminate the FitMixPro Service without giving notice to you.

6. Changes to the FitMixPro Service
6.1 We may alter and/or amend the FitMixPro Service at any time without giving notice to you.

6.2 If any part of the agreement between you and us is found to conflict any prior agreements between us and our suppliers, then the agreement between us and our suppliers remains in force, and we may amend the agreement between you and us accordingly.

7. Other Things You Need to Know
7.2 If any part of this Policy is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of the Policy.
7.3 The provision of the FitMixPro Service and the application of this Policy are governed by English law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with this Policy.