Subscriber terms & conditions

Introduction

Welcome to the Trundl! Trundl Limited is incorporated in England and Wales, and our registered office at Suite 4, Grosvenor House, 3 Chapel Street, Congleton, Cheshire, CW12 4AB. Our registered number is 13016890.

Trundl operates an interactive online platform and mobile app (“the Platform”) and we aim to connect, and create new opportunities for people who are, or want to become, more active and health conscious.

For our Website Terms of Use and Privacy Policy please follow the links here: https://newsite-nc.co.uk/terms-and-conditions/; https://newsite-nc.co.uk/privacy-policy/

Membership registration

By subscribing as a member of Trundl, you’ll be a “user” of our Platform, and you need to accept and agree to be bound by these Subscriber Terms & Conditions (“Subscriber Terms”) before you can use the Platform. If you do not accept these Subscriber Terms, you will not be able to access or use the Trundl Platform.

You register as a user by successfully creating an account on the Trundl Platform. The minimum age for registration is 18. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. The use of fantasy names or pseudonyms is not possible. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page. If you don’t keep your Subscription up to date, we may have to suspend or terminate your Subscription.

Followifg successful registration, you can log on to the Platform by (i) entering you email address and the chosen password.

When you register as a user, it does not give rise to any rights to any third parties under the Contracts (Rights of Third Parties) Act 1999, for third parties to enforce any of these Subscriber Terms.

Subscription fees

Depending on what you have signed up for, your monthly subscription fee is between £3.99 and £9.99 a month including VAT, every month. It will be debited from your account immediately upon signing up, and will be deducted monthly 30 days thereafter, unless and until cancelled. The minimum Subscription period is 30 days and a subscription can only be cancelled after the minimum period.

Subscription fees, along with any required taxes(VAT), is paid to us monthly, 30 days after the date of sign up. The monthly subscription fees is payable in advance, and you will be charged this immediately when you sign up as a user. You agree to pay the subscription fees, and other charges you incur in connection with your subscription and account. Trundl reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Payment can be made using our different online payment systems, we currently use Stripe. By providing your payment information, you authorise us and our third-party service providers to receive, store and encrypt your payment information. If Trundl is unable to collect subscription fees from an account designated by the user due to lack of funds, the user shall bear all costs arising which might include bank charges related to any debit entries or similar charges.

Other than funds paid via Apple and Google platforms and donations made by brand partners directly to a Charity Partner, the funds will be passed on to the Charity Partner on the last working day of the month, this will be for the period up to and including the last working day of the previous calendar month; this is to allow time for the relevant financial information and funds to be processed.

Free trials

Your subscription may start with a free trial. The period of your free trail will be specified when you register as a user. If you begin your subscription with a free trial, your first payment monthly subscription fee will be debited at the end of the free trial period unless you cancel your subscription before the end of the free trial period.

Our charities

We have a number of carefully selected Charity Partners. Please see here for a list of our Charity Partners: https://newsite-nc.co.uk/walk-for-charity/
When you sign up, you can select your Charity Partner/s to donate part of your subscription fee to. The donation amount will be a minimum of 10% of the subscription fee and can be donated to one charity or divided between one, some or all of the charities partnering with us.

No less than 10% of your subscription fee will be paid to the chosen Charity Partner, depending on the arrangement we have reached with each Charity Partner and you when you sign up. The portion paid to the Charity Partner will be paid over within 60 days of your subscription being deducted from your account. This allows us time to manage the cooling off periods and cancellations and adhere to our arrangements with the Charity Partners.

Should a charity partnership agreement with us come to an end, we will communicate this with you, and you will have the opportunity to update your selected Charity Partner/s.

Cooling off

You have 14 days after Subscribing, which is a Cooling Off Period, to change your mind and receive a refund. If you have changed your mind in this time frame, and have asked

for a refund, and you try to access the Platform during this 14-day period, you may not have access to the Platform due to this decision. To exercise this right during the Cooling Off Period, please contact hello@newsite-nc.co.uk or write to trundl Limited, Suite 4, Grosvenor House, 3 Chapel Street, Congleton, Cheshire, CW12 4AB within 14 days of Subscribing.

Cancellation

After the Cooling Off period, you may cancel your Subscription to the Platform at any time by initiating the cancellation on the Platform or if you have subscribed with Stripe via the Stripe Portal. Your Subscription will be cancelled before the next debit order, provided you make the cancellation more than 5 days before the debit order is scheduled by the payment provider. You may continue to use your Subscription until the end of the current subscription period until it is cancelled, and your Subscription will not be renewed after that period expires. You will not be eligible for a refund of any portion of the Subscription fee paid for that period.

Material breach

You agree that the following actions shall be a material breach of these Terms:
i. signing in as or pretending to be another person;
ii. transmitting material that breaches, or could breach, the intellectual property
rights of others or the privacy of others;
iii. using interactive services in a way that will result in abuse or cheating;
iv. using interactive services in a way that is intended to harm, or could result in
harm, to you or to other users of the Site

Health disclaimer

The Platform may include features that promote physical activity, nutrition or general wellness. They are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Always consider any risks involved with physical activity and if you need to, please consult with your medical professional before engaging in physical activity. Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform

Your use of the Platform and undertaking physical activity is at your own risk. To the maximum extent allowed by applicable law, Trundl is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features on the Platform or when you undertake activity at any location.

Account security

You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. Please notify us immediately by email at hello@newsite-nc.co.uk, of any unauthorised or fraudulent use of your account, or if you suspect that your account may be at risk. We have the right to suspend or terminate the account of a user if we suspect any unauthorised use or fraudulent activity on the account.

Partners on the platform

From time to time, Trundl may link to or partner with third-party websites, social media platforms, mobile apps, and other products and services (“Third Parties”). This includes the Charities we partner with. You may be able to connect with these Third Parties through the Platform or follow links to their websites, but this does not mean Trundl endorses, monitors or has any control over these Third Parties or their activities, which are subject to separate terms of use and privacy policies. You should carefully review any Third Party’s sites and terms of use and privacy policy. Trundl is not responsible for the content, or activities of Third Parties and you interact with Third Parties, and their websites, social media platforms, mobile apps, and other products and services at your own risk.

Ownership of content

All content on the Platform, and which we use in running our business, including our logo, brand assets, and trademarks or service marks are our exclusive property. Our property also includes without limitation the text, site design, software, scripts, graphics, logos, icons and images, audio and video clips, interactive features, news stories as well as the selection, assembly and arrangement, or other materials appearing on the Platform. The marks, logos or content or intellectual property of others, including our Charity Partners or Third Parties, is not our property. The reproduction, distribution, modification, adaptation, retransmission, or publication, partially or intotality, of any of these is strictly not allowed.

Posting content on the platform

User Content Licence

Some parts of the Platform allow users to post photos, videos, comments, feedback or ideas and other content, which we refer to as “User Content”. User Content is provided by users and could include images or videos of other Trundl users, for example in the context of a group activity. These are posted on a non-confidential basis and Trundl is not responsible for User Content posted by you or by others that may affect you to the Platform. User Content is owned by you or whoever created it, but when you post User Content you license it to Trundl for uses described below.

You represent that you have the right to post your User Content, and you grant Trundl a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide licence to use any of the User Content that you post on or in connection with the Platform, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. Trundl may, in its sole discretion, remove any User Content at any time. Our use of it shall be without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.

User content and personal data

When you upload User Content you warrant and undertake that you have the permission from any third party featured that is necessary under any applicable privacy laws including UK GDPR and you will not upload these without the consent you require, and you will not upload any copyrighted images. If you do so, you will be responsible for any licence fee that has to be paid for it and for any legal costs and penalties incurred by us or that reasonably need to be paid as a result.
Disclaimer liability

All express warranties, representations, conditions of any kind or other terms implied by statute or common law with respect to the Platform or the information, content, materials or products included on the Platform are hereby expressly excluded to the fullest extent permitted by law.

Trundl shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for profit or loss or otherwise) costs, claims, expenses or other claims for compensation what so ever, whether caused by the acts, omissions or the negligence of Trundl, its employees or agents, which arise out of or in connection with the use of the Platform or the information, content materials or products included on the Platform, except in respect of death or personal injury caused by Trundl, its employees’ or its agents’ proven negligence.

Views expressed in User Content, whether on the Platform or on other Platforms (including such content posted on other websites using this Platform or any tool available through it) are the views of the author alone, are not the views of Trundl unless expressly stated otherwise and are not endorsed by Trundl. Trundl does not accept responsibility for or any liability arising out of such user content.

Indemnity

When you use our Platform, including when you upload User Content or Personal Data you do so at your own risk at all times. You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Subscriber Terms, your User Content, or your access to, or use or misuse of the Content or the Services. We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to pay all reasonable legal costs and cooperate with any reasonable requests assisting our defence of such matter.

Limitation of liability

Nothing in these Subscriber Terms shall limit or exclude our liability: for death or personal injury as caused by our negligence, or that of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation; for breach of any obligation as to title or quiet possession implied by statute; or for any other act, omission, or liability which may not be limited or excluded by law.

Changes to legal notices

We reserve the right to revise these Subscriber Terms from time to time and you should look through them as often as possible. Your use of the Platform after a change has been made signifies your acceptance of the revised Subscriber Terms.

Promotional activity

From time to time we may run competitions, prize draws or other prize promotions via the Platform, our social media accounts or otherwise. These will have their own separate promotional Terms & Conditions, and they are not covered in the Subscriber Terms. You will need to make yourself familiar with them prior to participation and you should read our privacy policy which applies in the promotional Terms & Conditions. These will be easy for you to identify.

Law, jurisdiction & language

This Platform, our content and any contract brought into being as a result of using this Platform are governed by and are to be construed in accordance with English Law. The jurisdiction of the courts of England and Wales will exclusively apply. All contracts are concluded in English only. If any of these Subscriber Terms are found to be illegal, invalid or otherwise unenforceable, then to that extent only, such terms shall be deleted and severed from the Subscriber Terms. The remaining enforceable terms shall continue in full force and effect and continue to be binding. Nothing in these Subscriber Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or shall affect your statutory rights if you are a consumer.