TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (the “Terms and Conditions”) were last updated in April 2020, and describe how Actively Autoimmune (the “Company”) provides certain services to you (the “Client”). By proceeding to make any purchase with the Company, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not proceed to purchase any products or services from the Company.
Zoe Mckenzie trades as Actively Autoimmune, and operates from trading address Lum-Reek, Halstead Road, Fordham, Colchester, Essex CO6 3LL.
1. SERVICES AND CONFIDENTIALITY
The Company offers the following products and services:
11 an exercise e-book (the “E-Book”);
12 online exercise video subscription service (the “Video Services”); and
13 online services including virtual physiotherapy, virtual pilates and virtual exercise coaching consultations (the “Online Services”),
(the Video Services and the Online Services are, together, the “”).
1.2 The Company reserves the right to amend the content or delivery of the E-Book or Services as it sees fit in order to deliver the best possible service to the Client, or in order to comply with law or regulation.
1.3 Subject to the terms and conditions contained within these Terms and Conditions, the Client will, always, maintain the strictest confidentiality of the training methods, techniques, proprietary information and trade secrets provided by the Company to the Client. The Client is not to share any trade secrets, methodologies, training methods, techniques, or proprietary information to any parties other than the parties to these Terms and Conditions. The Client is, under no circumstances, allowed to share, disseminate, store, transfer, convey, sell, discuss, or distribute, in any way shape or form, either written or spoken, any material given, provided, shared or discussed between the Company and the Client (the “Proprietary Property”). All material, trade secrets, coaching techniques, training methods, and proprietary information are owned by the Company.
1.4 In respect of the E-Book, the Client shall be given electronic access to the E-Book as soon as payment is made.
1.5 In respect of the Video Services, the Client shall gain access to the Video Services for so long as the Client maintains payment for the Video Services in accordance with clause 2 below. Following termination by either party of the Video Services, and/or failure by the Client to make payment as required, the Client shall no longer have access to the Video Services.
1.6 In respect of the Coaching Services, the parties shall confirm the date and time at which the Coaching Services will be delivered. In the event that the Client cancels the Coaching Services, the Client shall not be entitled to a refund if the cancellation is 24 hours or less prior to the scheduled session.
1.7 All sessions for Online Services must be booked 48 hours or more in advance, and involve a consultation provided to the Client by the Company. The Services may also include provision of an exercise programme, and this will be confirmed by the Company during provision of the Services. Where the Company is at its maximum capacity for Services, the Client will be added to a waiting list. The Company will do its best to provide the Client with a timescale for the wait, but this is subject to change based on the circumstances. The Client acknowledges and agrees that the price for the Services may change while the Client is on the waiting list, and the Company will not be bound to offer the Client any previous pricing once the Client is accepted as part of the Services. The then-current pricing for the Services will apply as and when the Client begins participating in the Services.
1.8 In respect of the E-Book, the Company complies with all applicable consumer law and regulation for the sale of goods. The Company offers the Client the following promises regarding the E-Book:
1.8.1 the E-Book is the same in all material respects as its description. The Company has made every reasonable effort to ensure the E-Book conforms to illustrations, photographs and descriptions provided in any sales and marketing literature. However, the Company doesn’t guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If the Company finds, or is made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents or information on the Website, the Company will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible;
1.8.2 the E-Book is free from significant defects;
1.8.3 the E-Book is of satisfactory quality; and
1.8.4 the E-Book is suitable for any purpose that the Company has specified.
1.9 If the Client discovers that the E-Book does not meet the promises in clause 1.8, the Client can either reject them within 30 days of receipt, or require the Company to repair or replace it or (if the Company fails to do that) require the Company to refund the price of the defective E-Book. This will only apply if the Client has:
1.9.1 given the Company a reasonable opportunity to examine the E-Book; and
1.9.2 returned the E-Book and deleted all digital access to the E-Book.
1.10 The promises in clause 1.8 do not apply if:
1.10.1 the Client continues to use the E-Book after giving notice to the Company of the defect;
1.10.2 the defect has arisen because the Client has failed to follow correct instructions for use of the E-Book;
1.10.3 the Client altered the E-Book without the Company’s consent; or
1.10.4 changes were made to the E-Book to comply with law or regulation.
1.11 Other than as set out in clauses 1.9 and 1.10, the Client shall not be entitled to any refund of the E-Book or the Services for any reason whatsoever, on the basis that the E-Book and the Services are digital products and services which are fully delivered to the Client at the time of purchase and/or proceeding with a coaching session.
2. PAYMENT FOR THE E-BOOK AND THE SERVICES
2.1 In consideration for any product or service purchased under these Terms and Conditions, the Client shall pay the amount as confirmed to the Client in writing (including by advertisement on the Website), at the time of making the decision to proceed with the purchase.
2.2 All payments are required to be made upfront, otherwise the E-Book or the Services, as appropriate, will not be provided by the Company.
2.3 No refunds shall be provided in respect of the E-Book or the Services, except as detailed above under clause 1.
2.4 In respect of the E-Book, the Client shall make payment for the advertised price online, and this shall constitute full consideration for the purchase.
2.5 In respect of the Video Services, the Client agrees to a monthly subscription and, following payment of the first month’s subscription, the Client is provided with access to the Company’s members area. The Client must provide the Company with at least 30 days’ notice if the Client wishes to terminate the monthly subscription. Following termination, the Client’s access to the members area shall expire, and the Client will no longer be able to access the Video Services.
2.6 In respect of the Services, the Client is required to make payment at the time of booking each session. The price for each session shall be as advertised on the Website from time to time. Failure to make payment for an arranged session shall result in the session being automatically cancelled. As part of the Coaching Services, the Company may recommend that the Client purchases a coaching programme from the Company. Such coaching programme may attract an additional fee and work shall not begin on the coaching programme until payment of such fee is rendered to the Company, in the form confirmed by the Company.
2.7 The Company accepts payment by Wix payment or via PayPal.
3. USE OF TESTIMONIALS
3.1 The Company does not, under any circumstances, warrant or guarantee any specified results, or any goals reached by the Client. Results that the Client achieves are in no way, shape, or form, guaranteed by the Company. The Client acknowledges that results vary based on individual circumstances and the time and effort put into the Services by each individual client.
3.2 The Client hereby allows the Company to publicly use and disseminate the Client’s testimonials.
4. DATA PROTECTION
4.1 The Company will be required to obtain and process the Client’s personal data as part of tailoring the Services to the Client’s needs and requirements. Examples of some of the personal data that will be requested are:
Name, age/date of birth, contact details
Height, weight and measurements
Medical history and previous injuries
Previous experience in fitness training
Information on eating habits
Before and after photographs
(the “Personal Data”).
4.2 The Personal Data is required so that the Company can fully and effectively prepare the Online Services and monitor progress. This data will not be shared with third parties. The Client may withdraw his or her consent to the Company holding this data at any time, and the data will be deleted from the Company’s possession, by emailing email@example.com but please note that this will mean the Company is unable to continue to provide the Client with the Online Services. The Client may also request access to the information held about him or her at any time, free of charge. The Company will respond to such requests within 30 days or notify the Client if this is likely to take a longer period.
5. USE OF THE WEBSITE
5.1 The Client’s use of the Company’s website, www.activelyautoimmune.com (the “Website”), is temporary, and can be withdrawn by the Company at any time. This shall not impact any purchases already made by the Client.
5.2 The Client must treat all identification codes, passwords and other security information as confidential. If the Company believes the Client has failed to keep confidentiality, the Company is allowed to disable any security information, including passwords and codes.
5.3 The Company frequently updates the Website and makes changes to it, but the Company does not have to do this, and material on the Website may be outdated from time to time.
5.4 The Company is the owner of all intellectual property rights in the Website, the E-Book and the Services. All such intellectual property is protected by copyright, which is owned by the Company. The Client is provided with a licence to use the E-Book and/or the documentation associated with the Services, as appropriate, but shall at no time become owner of any of the intellectual property rights belonging to the Company.
5.5 If the Client does anything which is a criminal offence under the Computer Misuse Act 1990, the Client’s right to use the Website will end immediately. The Company will report the Client to the relevant authorities and give them the Client’s identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
6. LIABILITY AND GENERAL PROVISIONS
6.1 The Company’s liability under these Terms and Conditions shall be limited to the price paid by the Client for the E-Book and/or the Services, as appropriate. The Company excludes any liability for indirect, special or consequential loss.
6.2 The Client is advised to consult a doctor prior to commencing any activity or changes advised within the E-Book and/or the Services. The Company is a physiotherapist, but is not a doctor and is at no time deemed to provide the Client with medical advice outside the scope of physiotherapy practice. If the Client has any concerns about his or her health, the Client is responsible for bringing this to the attention of a doctor.
6.3 The Client acknowledges and appreciates that any new exercise or eating changes may involve a risk of injury or illness, and holds harmless the Company against any claims that the E-Book and/or the Services has caused any such injury or illness.
6.4 Nothing in these Terms and Conditions shall exclude any liability under the law that cannot be excluded.
6.5 The parties hereby agree that these Terms and Conditions, and any non-contractual obligations arising hereunder, shall be governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction.
6.6 These Terms and Conditions represents the entire understanding and agreement between the parties with respect to the subject matter of these Terms and Conditions, and supersedes all other negotiations, understandings, and representations, if any, may by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodies in these Terms and Conditions or any other agreement related to these Terms and Conditions and expressly references herein is of any force and effect.