Terms & Conditions
Welcome to Cloud Nine Collective!
This page tells you the terms on which you may use our mobile application, Cloud Nine Collective, and associated website platform (throughout these terms, known as the “App” or “Cloud Nine Collective”), whether as registered user or guest. Please read carefully before use.
By downloading the App, you accept the terms and agree to obey them. If you don't accept them, please don't use the App.
We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the App. Please note that the app store from which you downloaded the App (e.g. Apple App Store or Google Play) will also have terms and conditions, and will apply to your use of the App.
Cloud Nine Collective is a fitness app that offers you a subscription to access fitness and nutrition support. We also sell fitness products via our website.
2. Who We Are
Cloud Nine Collective is operated by Cloud Nine Collective Limited, a limited company registered in England and Wales under company number 11258842. Our registered office is at B3 Kingfisher House, Team Valley, Gateshead, Tyne & Wear, England NE11 0JQ.
3. Registering for Cloud Nine Collective as a User
When you register for Cloud Nine Collective and purchase a subscription, you are known as a “user” in these terms and conditions.
You will require an iOS or Android device to download the App, or you can access it via a web browser.
You must be over the age of 16 to subscribe for the App.
4. Use of the App
You have permission for temporary use of the App, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use the App, you must make sure that they read these terms first, and that they follow them. If you download the App onto someone else’s device, it is your responsibility to ensure you have that person’s permission.
Only use the App as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the App and make changes to it, but we don't have to do this, and material on the App may be out-of-date. No material on the App is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the App by anyone.
Where we roll out updates for the App, these will be to improve functionality and performance of the App, address security issues or reflect changes to the operating system. If you do not update the App when requested, it may no longer run as expected.
If you have any issues using the App, please contact us at firstname.lastname@example.org
If we need to contact you about anything, we will do so by using the email address associated with your account, or we may communicate with you through the App.
5. Subscribing to the App
When you sign up to use the App, you will be automatically signed up to a subscription plan. Upon sign up, you will have the option to select a subscription plan (each a “subscription”). Each user is entitled to one 7-day free trial, after which their selected subscription will automatically begin. Payment is accepted via Stripe.
Where you select a monthly subscription:
Each billing cycle for your subscription is one month, and it will automatically renew each month. You will be automatically billed the monthly subscription fee, via direct debit from the card you used to make your initial payment (unless you update the payment method on the app store or via the website). Your direct debit will be taken on the same date each month.
Where you select a quarterly subscription:
Each billing cycle for your subscription is one quarter (a three-month period), and it will automatically renew each quarter. You will be automatically billed the quarterly subscription fee, via direct debit from the card you used to make your initial payment (unless you update the payment method on the app store or via the website). Your direct debit will be taken on the same date every 3 months.
Where you select an annual subscription:
Each billing cycle for your subscription is one year, and it will automatically renew each year. You will be automatically billed the annual subscription fee, via direct debit from the card you used to make your initial payment (unless you update the payment method on the app store or via the website). Your direct debit will be taken on the same date every year.
You must cancel your subscription at least 24 hours before it renews, whether this is for the free trial, monthly, quarterly or annual subscriptions, to stop future payments. You can cancel by logging in and accessing your subscription settings on app.cloudninecollective.co. No further payments will be taken, but you will continue to have access to the App for the remainder of the subscription period that you have already paid for.
By continuing your subscription (i.e. not cancelling), you authorise us to bill your payment method. If your payment method expires and you do not update it, we may cancel your subscription and you will lose access to the App. You must still pay for the App even if you do not use it until you cancel your subscription.
We reserve the right to change the price of subscriptions, but we will notify you of any price change before it happens. You can cancel your subscription if you do not agree with the price change. Price changes will not affect periods already paid for.
The subscription fees are non-refundable unless there is an issue with the subscription itself (for example, if it is not of satisfactory quality, fit for purpose or as we have described it to be). Fees are non-refundable on the basis that access to the App is a ‘digital download’, to which the usual cooling-off period for consumers is not applicable. If you do not cancel your subscription at least 24 hours before your next billing date, you are not entitled to a refund for any charges that may be automatically billed.
6. Placing an order for Fitness Products
We may sell various fitness products on our website from time to time. Where you decide to make such a purchase, you can place an order by going to the 'checkout' on our website, and entering your payment details (which are processed by our third party payment provider). At this stage, you have made an offer to purchase our product(s). Your order Is not confirmed until we send you an order confirmation. Once we do this, you have a legally binding contract with us. We may reject your offer to purchase for any reason, including but not limited to where your payment method Is unsuccessful, or whether we have accidentally misstated a price on our website.
We may offer you different delivery options for your products. Delivery times are estimates only. We cannot guarantee delivery times, as these are dependent on third party delivery providers.
When delivery Is finalised (including where the products are left at a safe place designated by you), you are responsible for taking care of those products. We are no longer responsible for them.
Please refer to our returns policy regarding returning fitness products.
7. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the App (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to stream or download one copy of the App onto your personal device, for personal purposes only. Please note that each subscription allows access for one person to use the App. You must not share your login details with any other person. If we believe you have done so, we can suspend or terminate your subscription, without a refund.
You agree that you will:
not rent, lease, sub-license, loan or otherwise make available the App to any person without our prior consent;
not copy the App, except as part of the normal use of the App;
not translate, merge, adapt, vary, alter or modify the App, nor allow the App to be incorporated into other programmes;
not disassemble, decompile, reverse engineer or create derivative works from the App; and
comply with all applicable law when using the App.
If you breach these terms, you may lose your right to use our App, and must destroy or return any copies you have made.
8. Acceptable Use of the App
When using the App, you must not:
use the App in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into the App);
infringe our intellectual property rights or that of a third party;
transmit anything which is defamatory, offensive or otherwise objective;
use the App in a way that could damage, disable, overburden, impair or compromise our systems; or
collect or harvest information from the App to attempt to decipher any transmissions to or from our servers.
9. Our Legal Responsibility to You
We do not guarantee the accuracy of material on the App. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of the App
Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes. This does not affect your consumer rights.
We are not responsible for any injuries you may sustain when using any fitness products we sell on our website.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
You understand and agree that the information and guidance provided in our App is for informational purposes only. We do not warrant that any workouts, fitness information or nutritional information is tailored to you or suitable for your particular circumstances. You should always consult a medical professional before participating in any new health and fitness programme, particularly if you are at risk due to any conditions like heart disease, bad cholesterol, obesity, high blood pressure, chest pain and/or bone/joint problems.
If you feel dizzy, faint or suffer from shortness of breath during any exercise, please stop exercising immediately and contact a doctor.
If you are pregnant, by using our App, you confirm your doctor has approved you participating in our programme.
Our recipes have been analysed and approved by a registered dietitian; however, we do not guarantee the accuracy of the nutritional information provided. Nutritional information can vary from product to product.
We are not medical professionals and do not purport to provide medical advice to you as part of your use of the App. We do not warrant that the App is suitable for particular health conditions, or can be used by people with food allergies or intolerances. If you have food allergies or intolerances, by using the App, you confirm that your doctor has approved our meal plan to be suitable for your dietary needs. If we state that a particular nutrition plan is suitable for a specific dietary need, this is based on our best efforts to ensure this is the case, but it is your responsibility to confirm this if it is relevant to you.
You understand that you are solely liable for any physical or other injuries that may occur as a result of following our programme and/or using our App.
Some of the workout videos we make available to you be accompanied by music, which may contain swear words or other offensive lyrics. We are not responsible for any offence caused, or other loss suffered by you, as a result of this.
10. Uploading to the App
If you upload material to the App and we do not deem your usage to be acceptable, we can remove the content and end your use of the App.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won't be legally responsible to anybody for the accuracy of material that you upload to the App, and we can remove it at any time.
11. Computer Offences
If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the App will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You must not try to get access to the App or server or any connected database or make any 'attack' on the App. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via the App.
12. Links to the App
You are allowed to make a legal link to the App from your website. We can end this permission at any time.
You must not suggest any endorsement by us or association with us unless we agree in writing.
13. Links from the App
Links from the App to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
We change these terms from time to time and you must check them for changes because they are binding on you.
15. Applicable Law
If there is a dispute arising out of these terms, the English courts will deal with it. English law applies to these terms and conditions.
16. Contact Us
We are here to help! Please email us at email@example.com to contact us about any issues regarding the App.