User Terms and Conditions

The terms on this webpage set out the legal contract that applies when you purchase products and/or services from the Heka website or app. We’ve worked hard to make these terms easy to understand and avoid legal jargon. But please read them carefully because they are legally binding. 

 

Any purchase of products and/or services which you make through our Website (which we describe below) will be subject to these Terms. 

Who are Heka?

  • Heka is the trading name of GoSweat Ltd. We are the owner and operator of the website www.hekahappy.com its subdomains and app (the “Website”).
  • Our registered office is 65b Landor Road Landor Road, London SW9 9RT and we are a company registered in England and Wales under company number 10399802 
  • The term ‘you’ and ‘your’ refers to the customer, user or viewer of our Website (and ‘your’ will be construed accordingly).

 

How can I contact Heka?

  • You can find out more information about how to contact us Sayhello@hekahappy.com.

 

What do Heka offer?

  • Heka offers you the chance to book physical activities and mental wellbeing experiences (“Experiences”) and to purchase lifestyle products such as nutritional products and meals  (“Products”). This enables you to experience gyms, yoga studios and all types of sports clubs through purchasing vouchers (“Vouchers”) (for your chosen Experience or Product) or membership subscriptions with independent third party providers (“Membership Subscriptions”).
  •  Please be aware that the minimum required age to set up a User Account is 18 and you certify that you meet the minimum required age by agreeing to these Terms.

 

How do I create a User Account? 

 

    • As you are an employee of one of our partner organisations (our “Partners”) that has signed up to the Website this means you can set up a Heka user account (“User Account”) and become a Heka Member. All purchases are made and managed on your User Account.
  • To create your User Account you will need to register on our Website with your email. 
  • You will also be asked to provide some personal information to set up your User Account, This will only consist of your name, telephone number and email address. We will not store your payment details. You will be taken to a separate and trusted third party payment provider’s web page to set up your preferred payment method.

 

How do I purchase Vouchers and Membership Subscriptions from Providers?

 

Vouchers

 

  • On the Website you can browse the Experiences and Products via the search function. If are interested in an Experience you can select it and it will take you to the Experience page. This will contain a description of the Experience and the price.
  • If you would like to book an experience, simply click the “book” button on the Experience page.
  • Once you have booked the Experience you should receive an email. This will either contain your Voucher or contain information on how to confirm your purchase with the Provider and arrange for you to attend the Experience or for the delivery of the Product.
  • If you have any queries regarding the Experience or Product we would encourage you to contact the Provider directly.
  • For some purchases (if specified) you will need to contact the Provider to validate your Voucher.
  • If we are unable to accept your Voucher request for whatever reason we will inform you of this in writing and you will not be charged.
  • If your Voucher request is accepted, we will take the appropriate amount from your allowance or charge your chosen payment method. If this payment is not authorised by our third party payment system we reserve the right to cancel your Voucher.
  • Please note that some Experiences are provided to individuals and some are undertaken in groups together with other members of the public. This should be specified in the description of the Experience.

Membership Subscriptions

 

  • You can purchase Membership Subscriptions on your User Account by selecting the Subscription plan that appeals to you and clicking book.
  • Please see below for more information on Membership Subscriptions.

When I buy an Experience or Product through the Website who is my contract with?

 

  • All of the Experiences and Products available on the Website are provided by Providers. Whilst Heka is pleased to introduce you to these Providers, your agreement will be between you and the Provider for the provision of your Experience. 
  • As we only introduce you to the Provider you will also be subject to any terms and guidance they provide to you either on their premises or before you undertake their Experience. We would strongly advise that you review the Provider’s terms and guidance to check that the Experience is suitable for you. If you have any questions then you should contact them directly.
  • Whilst we have made all reasonable efforts to ensure that we provide Experiences from suitable and professional operators and that they provide to us accurate images and descriptions of their facilities, we do not guarantee the accuracy or suitability of any particular Experience.
  • Heka will not be involved in your agreement with the Provider and we will not have any responsibility for your use of the Voucher with the Provider. If you are dissatisfied in any way, you should contact the Provider. 
  • You are, however, welcome to provide us with your feedback in relation to any Experience you may book or Product you purchase through our Website.

 

What is my allowance?

  • Depending on your benefit plan with your employer, you will be allotted an allowance which can be used to purchase Experiences, Products or Membership Subscriptions on the Website.
  • Your allowance has no cash value or any other value outside of the Heka platform and is not redeemable for cash. You may not transfer, trade, gift or otherwise exchange your allowance.

 

Can I get a refund for my Voucher or Membership Subscription? 

  • As your agreement is with the Provider we are not responsible for your refund. However, we have set up a refund and cancellation page setting out your statutory rights in the event you need to cancel an Experience or Membership Subscription and obtain a refund from one of our Providers.

 What is my relationship with the Provider? 

  • Once you have purchased your Voucher or Membership Subscription, you have a direct contractual relationship with the Provider that we are not involved in. We simply collect your payment for the Experience through your preferred payment method on the Website on behalf of the Provider. 
  • Your access to the Provider’s venue will be governed by that Provider’s terms. If you are not provided with their terms and are not sure about your relationship with them, please talk directly to the relevant Provider. 
  • You should check the Provider terms or contact the Provider directly to ensure that your Experience meets your requirements and that you fulfil any conditions which may be required for participation in your Experience (such as health or age). 

 

What can I purchase on the Website?

 

  1. Timetabled Experiences
  • A Voucher for a timetabled Experience entitles you to participate in an Experience at a specified time and date.
  • If you cannot attend a timetable Experience you must give the relevant Provider at least 48 hours notice. 

 

  1. 100% Discount Codes
  • You may purchase a discount code on our Website. You will then need to contact the relevant Provider to redeem your discount code and organise when you will undertake the Experience or purchase the Product.
  • You will need to redeem the discount code within 31 days of purchase or the code will expire.

 

  1. Day Passes
  • A Day Pass Voucher is valid for one single entrance to the Experience that you have purchased and can be used within a period of 31 days from the time of purchase.
  • If you do not use this Voucher within the 31 day period it will expire.

 

  1. Block Purchase Vouchers
  • These Vouchers are made available by Providers for a series of Experiences over a stated period. This period will be made clear to you when you purchase the Voucher.

 

  1. Special offers 
  • Sometimes our Providers will offer a discount price for an Experience or membership. These may carry additional terms and conditions and may be non-refundable. Please closely read any information that is provided before you purchase anything on our Website that is subject to a special offer. 

 

  1. Membership Subscriptions with a Provider
  • We offer a Subscription plan that enables you to access a Provider’s facilities in a similar way to a traditional gym membership. See below for more details on Membership subscriptions.

 

  1. Product
  • Certain Providers offer Products. These Products and how to pay for them will be specified by the Provider on the Website. Please contact the Provider within 15 days of purchase if you want to exercise your right to have the Products replaced, to pay a reduced price; or to reject the Products and get a refund.

    8. Heka Academy

  • Heka regularly organises activities just for Heka members. By booking onto these sessions, you are understanding that these will be recorded and saved for future Heka members. By booking these sessions, you therefore agree that you may appear in these videos and are happy for the video to be shared with other Heka members.

 

 

How do I pay for a Membership Subscription?

  • You will be charged your monthly subscription fee (a “Subscription Fee”) on the day your subscription is validly purchased. Unless you terminate your subscription it will automatically renew each month. For example, if you purchase a subscription on July 3rd, you will be billed for the first Subscription Fee on that day (or as soon as practically possible after this date). Your subscription will then automatically renew on August 3rd. We shall contact you via email or on your User Account home screen to inform you that your subscription is renewing.  
  • When you purchase a Membership Subscription this may consist of different classes, services, and features and may be subject to additional and differing conditions, prices, policies and limitations which you will be made aware of before purchasing. Your Provider should make the contents of any subscription clear to you. If anything is unclear we recommend you contact them directly. 

What if I want to upgrade or downgrade my Membership Subscription?

  • You may upgrade (choose a higher value package) or downgrade (choose a lower value package) your subscription via your User Account and your Subscription Fee will be changed accordingly.
  • You may only upgrade or downgrade your subscription a maximum time of once per month and only before your Subscription Fee is due. 
  • Your upgraded subscription will commence from the day after your next Subscription Fee is due. 

 

Will my Membership Subscription be subject to change after I purchase it?

  • We may need to modify, cancel or otherwise amend our offered options at any time. 
  • In the event that this substantially impacts upon our agreement with you, we will notify you in advance of the changes via email or on your User Account. You will have the option to agree to the changes or cancel any affected Membership Subscription.

Can I cancel my Membership Subscription?

  • You may cancel your subscription at any time. In order to cancel your subscription and avoid paying your next Subscription Fee, you must cancel at least 5 days before your Monthly Renewal Payment is due. So if your Monthly Renewal Payment is due on the 30th of the month, the last day you may cancel it is the 25th. 
  • You may continue to make use of your subscription until the day before your Subscription Fee would have been due. 
  • If you are looking for a refund please refer to The Heka Knowledge Centre, available at https://www.hekahappy.com/knowledge

 

How will you use my information?

Why might Heka cancel my Vouchers or Membership Subscription?

  • We will have to cancel your Vouchers or Membership Subscription in the event that you stop working for our Partner or our Partner ends their agreement with us. In these scenarios we will contact you to inform you that you have 31 days to use any remaining Vouchers and then your User Account will be shut down. You will be entitled to make use of your membership until the day that your Subscription Fee is due.
  • If we, or one of our Providers, acting reasonably consider that your behaviour is threatening, abusive, or antisocial in any way we have the right to permanently suspend you from using or purchasing our Vouchers or Membership Subscriptions.
  • We may write to you to let you know that we are going to stop providing a particular Voucher or Membership Subscription. 
  • We operate a policy that if you are banned from one of our Providers you are banned from all of them. Please thoroughly review any applicable terms and conditions and club rules of our Providers when attending their premises. If you break their terms, the Partner Venue may ban you and subsequently we may ban you from all of Heka’s Partner Venues.
  • We will always respect our Providers’ right to refuse entry to anyone who does not comply with their terms.  

Is there any other reason my Voucher could be cancelled?

  • If we are unable to accept your Voucher request, we will inform you of this in writing and will not charge you for the Voucher. This might be because of unexpected issues with our Providers which we could not reasonably plan for.

Can the Provider cancel my Voucher?

  • Some Experiences may be dependent on weather conditions and you should check with the Provider for information relating to postponement or cancellation. In the unlikely event that one of our Providers needs to cancel an Experience they will contact you.
  • The Provider may also stop you from accessing their premises or attending their class if you do not comply with any terms that they have provided to you

Legal Stuff

  • Statutory rights. You will always have statutory rights in relation to services that are not as described.  Your statutory rights are not affected by these Terms.
  • What happens if we break these Terms? If we break these Terms, we are responsible for the proportion of loss or damage you suffered that happened as a foreseeable result of our actions, or because we failed to use reasonable care and skill. We are not responsible for any loss or damage that is not “foreseeable”. By “foreseeable”, we mean either it is obvious that it will happen or if, at the time the contract was made, we both knew it might happen.
  • We don’t exclude or limit our responsibility to you if it would be unlawful to do so.  This includes liability for death or personal injury caused by Heka’s negligence, fraud, or breach of your consumer rights. 
  • We are not liable for business losses. We only provide you with a User Account for domestic and private use. If you make any purchases with your User Account for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • What laws apply to these Terms? These Terms are governed by English law and you can bring legal proceedings in the English courts.  If you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.  If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.
  • Complaints handling. If you are not happy with how we have handled any complaint, you may want to submit the dispute to the European Commission Online Dispute Resolution platform, for online resolution by an independent body. 
  • Changes to these Terms. As Heka grows and improves, we might have to make changes to these Terms. We will do this by uploading the latest version with a date confirming when they went live. The new Terms will not affect any orders placed prior to the go live date, but will apply to future purchases.