Terms of Service

1.0 General Information.

Hello and welcome to Eleven Nexus’ Terms of Service!

These Terms of Service (these “Terms”) cover the use of, and contain the terms on which we supply content, products or services provided by Eleven Nexus (as defined below), including without limitation during free trials, on the websites and associated domains of www.nexusonlinecoaching.com, www.elevennexus.com, www.crossfitxi.com (the “Websites”).

1.1 Nexus Products.

Content, products and services include via any delivery methods to you (the Websites and such content, products, services are collectively referred to herein as the “Product” or “Products” or “Services”), which may be updated from time-to-time at the sole discretion of Eleven Nexus.

Please read these terms and conditions, carefully before ordering any Products from the Websites. The terms “Eleven Nexus”, “Nexus”, “us” or “we” refers to Eleven Nexus, trading name of Eleven Eleven (UK) Ltd and all of it's associated Intellectual Property defined below in section 8. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.

1.2 Arbitration Notice and Class Action Waiver.

Please note that Terms contain an Arbitration Clause. Except for certain types of disputes mentioned in the arbitration clause, you and Eleven Nexus agree that disputes relation to these terms or your use of the products will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

1.3 Basis of License

(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Headspace.

(c) As part of your use of the products, you agree to the processing and storage of your personal information in the United Kingdom, including for the purposes of processing payments and tracking individual use of the products. By using the products, you acknowledge that you understand and agree that the United Kingdom may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the process and storage of your personal information in the United Kingdom. We will take measures as required to comply with applicable law regarding the transfer, storage and use of certain personal information.

1.4 Changes to Terms

Eleven Nexus reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to Websites. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or notifications within the Products or email.

2.0 Memberships and Subscriptions

(a) Upon purchasing a Product and receiving said Product, you become an (“Active Member”). You are responsible for maintaining the confidentiality of your product, account and password and for restricting access to your Device.

(b) In the course of your use of the Products, you may be asked to provide certain personalised information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the our  Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

(c) By purchasing any of Nexus Products, you warrant that:

(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

2.1 Use of Headspace by Minors

You must be 18 years of age to sign up as a registered user of the Products. Individuals under the age of 18, may view the audiovisual and written content displayed in the Websites only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.

2.2 Active Membership

As a Nexus Active Member you will receive access to certain sections, features and functions of the Products that are not available to non-members and inactive members.

By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Eleven Nexus commercial emails by following the opt-out instruction in these emails.

Nexus active membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.

2.3 Subscriptions

a) Non-members may access the Products via the Websites. You will only have access to free content on the Websites without purchasing a Product and therefor becoming an Active Member. You will only have access to certain sections, features and functions of the Products whilst your paid subscription is active and subsisting.

You may have access to a free trial period, which automatically converts to a paid annual or monthly subscription term after a certain period of time. In such instances, you can disable the automatic conversion by following the cancellation instructions set forth in section 3 prior to the date of conversion.

You may access Eleven Nexus in the following ways: by purchasing a subscription to the Products or item from the Website, within any Nexus associated apps, where allowed by the App marketplace partners, or through direct communication and invoicing.

Additionally, you may receive access to Eleven Nexus via your Community (as defined and further outlined in section 2.6 below). In such instances you may still be required to provide Your payment information in order to access Eleven Nexus and it’s services.

(b) You may access Eleven Nexus via a monthly option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

(c) Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Eleven Nexus is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.3(f) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Eleven Nexus offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in Products; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). To be considered a Qualified User, your information will be provided directly Headspace’s third-party verification system. Eleven Nexus reserves the right to determine if you are a Qualifying User in our sole discretion. The Special Discount Pricing Options will vary from time-to-time and Eleven Nexus reserves the right to amend in our sole discretion.

(e) You agree to promptly notify Eleven Nexus of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(f) In the course of your use of the Products, Eleven Nexus and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Headspace and Headspace’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(g) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Eleven Nexus for commercial purposes.

2.4 Device Requirements

To enjoy Nexus’ Products via your smartphone or other Device, your Device must be able to connect to the internet.

2.5 Gifting

“Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Eleven Nexus gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifts can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifts cannot be redeemed if the Recipient has already purchased a subscription. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Eleven Nexus will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Eleven Nexus is not responsible if a Gift Subscription is lost, stolen or used without permission.

2.6 Corporate and Other Consumer Communities

Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Eleven Nexus access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.

2.7 Changing Fees and Charges

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

2.8 Fixed Term Contracts

Fixed Term subscription contracts (“Fixed Term Contracts”) cannot be cancelled earlier than the agreed fixed term period. Fixed term subscription contracts will renew automatically onto the same fixed term length at the pricing respective at the time of renewal. You will receive a minimum of 30 days notice about the renewal and will be provided an option to continue or to purchase an alternate membership option, or cancel. A minimum of 14 days prior to your Fixed Term subscription renewal payment date must be given to cancel and prevent the automatic renewal.

3.0 Cancellation of Services

By You:

(a) Non-Fixed Term Contracts - You may cancel a Monthly subscription at any time of your contract. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by emailing James@elevennexus.com.

(b) Fixed Term Contracts - You will receive a minimum of 30 days notice about the automatic renewal date. You may cancel this automatic renewal with a minimum of 14 days prior to this date. Please make any such cancellation by emailing James@elevennexus.com.

By Us:

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

3.1 Promotions and Discounts

Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotions or offer, past or present. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

4.0 Prohibited use of the Products

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Eleven Nexus.

4.1 Copyright

(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by Eleven Nexus (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

(b) You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.

(c) Audio or video content from Eleven Nexus not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by Eleven Nexus through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), Eleven Nexus grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United Kingdom, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Eleven Nexus will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4.2 Trademark

Eleven Nexus, the Eleven Nexus and it’s subsidiaries logos and all other Eleven Nexus product or service marks are trademarks of Eleven Nexus. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Eleven Nexus will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.0 Availability of Products

Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at James@elevennexus.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing James@elevennexus.com.

6.0 User Material

The Products may let you submit material to us: for example, you may be able post comments or images in certain functions or features of the Product. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products.

This section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.

We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.

We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.

We may link User Material or parts of User Material to other material, including material submitted by other users or created by Eleven Nexus or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Headspace. You acknowledge that we may indirectly commercially benefit from use of your User Material.

When you provide User Material via the Services, you grant Us (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Material works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Material for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.

We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

You agree to indemnify Eleven Nexus and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

7.0 External Links to Websites

We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Eleven Nexus. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to ray@elevennexus.com.

8.0 Our Intellectual Property

Eleven Eleven (UK) Ltd, trading as Eleven Nexus, owns “CrossFit XI” and “Nexus Online Coaching”. The services are between you and Eleven Nexus, and are protected by copyright and other UK and foreign laws. This agreement doesn’t grant you any right, title or interest in the Services, others’ User Material, our logos, brand features, or intellectual property. You agree not to change, modify, translate or otherwise creative derivative works of the Services or other’ User Material.

We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

9.0 Products Disclaimer

The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

10.0 Medical Disclaimer

Eleven Nexus is a provider of in person and online physical, nutritional, mindful, social and emotional wellbeing content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your GP or other health care provider can do that. While there is third party evidence from research that exercise, healthy eating and sleep can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Eleven Nexus makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.

Any health information and links on the Products, whether provided by Eleven Nexus or by contract from outside providers, is provided simply for your convenience.

To the extent that you participate in any movement content featured in the Products, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed GP prior to beginning or modifying any exercise program that you undertake, including especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Eleven Nexus has advised you of the necessity of doing so.

Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.

11.0 End User License

Subject to the terms of this license agreement (“License Agreement”), as set out in this section 11, and these other Terms, and your payment of applicable subscription fees, Eleven Nexus grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products.

The Products contain or embody copyrighted material, proprietary material or other intellectual property of Eleven Nexus or its licensors. All right, title and ownership in the Products remain with Eleven Nexus or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.

You agree that you will not and you will not assist or permit any third party to:

• (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;

• (b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;

• (c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;

• (d) Tamper with the Products or circumvent any technology used by Headspace or its licensors to protect any content accessible through the Products;

• (e) Circumvent any territorial restrictions applied to the Products; or

• (f) Use the Products in a way that violates this License Agreement or the other Terms.

You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Eleven Nexus or its licensors and your use of them must be in accordance with these Terms.