WARRIOR WOMEN TERMS OF BUSINESS FOR FITNESS PLAN SALES IN THE UK
- These are the Terms of Business which govern our sales of fitness plans (Plans)
- Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.
- This constitutes a legal agreement between us and you.
- We do not provide medical advice. When following our Plans you are doing so at your own risk, and you must take full responsibility for the effects on your body that you may experience along the way. Any guidance we may provide is no substitute for professional medical or physiotherapy advice. Always ask your GP if in doubt.
- The Plans are not appropriate for you if you are under 18 years of age or pregnant.
1. INFORMATION ABOUT HOW TO CONTACT US
1.1 Who we are. We are Jamie Mckagan trading as Mckagans and our registered office address is Fleet House, Unit 3, 1 Armstrong Road, Benfleet, Essex, SS7 4FH.
1.2 How to contact us. You can contact us by email at firstname.lastname@example.org or by writing to us at the above address.
1.3 How we may contact you. If we have to contact you we will do so by by writing to you at the email or postal address you provided to us in your order.
2. THE PLANS
2.1 Physical training. The training routines contained within the Plans are to be followed as instructed. You will receive information on how to perform each exercise and how much time you should safely allow to complete each exercise in.
2.2 Timing. Once you purchase a Plan you have 12 months to complete it. Our plans are valid for 12 months from the initial order and needs to be completed within this timeframe. After this time your login details will expire. Your data is held for a maximum of 13 months after which time all information held on you will be deleted and removed from our system. After this 13 month period you will be required to sign up as a new client if you wish to restart your journey with us.
3. KEEP YOUR ACCOUNT DETAILS SAFE
3.1 In purchasing our plans you will have created a username and pass and you must treat such information as confidential. You must not disclose it to any third party.
3.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.
3.3 If you know or suspect that anyone other than you knows your user identification code or password, you must notify us promptly.
5. YOUR STATUS AND HOW YOU MAY USE MATERIAL WE PROVIDE
5.1 In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 18 years of age.
5.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.3 We are the owner or the licensee of all intellectual property rights in our Plans. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.4 You must not use any part of the content of the Plans for any purpose other than your personal fitness.
6. OUR SERVICES AND CONTRACT WITH YOU
6.2 A legally binding contract is formed when you are redirected to the Plan homee page on our website. During the order process you will asked to supply an email address and password which will be used to create an account for you.
6.3 After you have paid for the product you will be taken to the Plan home page for the plan and will have immediate access to the product and be able to view the content.Due to the nature of our Services, your right of cancellation described in clause 7 below does not apply to the supply of Services if you accepted when you placed your order that we could start to deliver the Service(s) in question prior to the expiry of your right of cancellation. You will only have the right to cancel the contract for those Services after they have commenced where the Service is defective for some reason.
6.4 You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.
6.5 Our Plans are primarily aimed to customers in the UK. We reserve the right to reject any orders of Plans from outside the UK. If we do so, you will be given a full refund.
6.6 In accepting these terms and conditions, you express a specific request that you require us to start performing any service before the end of your 14 day cancellation period. In making such a request you will lose the right to cancel your contract with us if you have been given access to our videos during the cancellation period.
7. YOUR CONSUMER RIGHT OF CANCELLATION
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.7. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, or (unless you have confirmed that we can provide you with a Service prior to the expiry of your cancellation period as described in clause 4.1) that you do not want a Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of:
7.3. any made-to-measure or custom-made products;
7.4 newspapers, periodicals or magazines;
7.5 perishable goods;
7.6 software, DVDs or CDs which have a security seal which you have opened or unsealed.
7.7 Your legal right to cancel a Contract starts from the date of the Email Confirmation, which is when the Contract between us is formed. 7.8 Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and providing the date of such amendment at the top of this page.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the Plan, please contact us by email at email@example.com.
9.2 Summary of your legal rights. We are under a legal duty to supply Plans that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Plan. Nothing in these Terms of Business will affect your legal rights.
Summary of your key legal rights:
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content, such as the Plan, must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you are entitled to a repair or a replacement
- if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation
10. PRICE AND PAYMENT
10.1 Ways to pay. Goods must be paid for in advance. Plans must be paid for by a one-off payment.
10.2 We are not liable for any charges that your bank may add to transactions.
10.3 You will be charged at the exchange rate available on the day of transaction.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE
11.1 We do not provide medical advice. When following a fitness plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.
11.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Business, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Plans; and for defective Plans under the Consumer Protection Act 1987.
11.4 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.5 We are not liable for business losses. We only supply the Plans for domestic and private use. If you use the Plans 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.
12. HOW WE MAY USE YOUR INFORMATION
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organisation.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Business to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Business, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Plans, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms of Business are governed by English law and you can bring legal proceedings in respect of the Plans in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Plans in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Plans in either the Northern Irish or the English courts. The foregoing is subject to mandatory consumer protections which apply in your country, which may offer you additional rights.
13.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Warrior Women Terms of Business: Last updated 21.12.2018
TERMS OF WEBSITE USE
INFORMATION ABOUT US
Warrior Women is Jamie Mckagan trading as Mckagans and our office address is Fleet House, Unit 3, 1 Armstrong Road, Benfleet, Essex, SS7 4FH.
ACCESSING OUR SITE
The materials on our site are directed solely at consumers who access our site from the United Kingdom. We do not represent that any product referred to in our site is appropriate for use, or available, in other locations. If you choose to access our site from another location, you are responsible for complying with any relevant laws in that other location.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time we may restrict access to some parts of our site, or our entire site, to users who have registered with us or registered users who satisfy certain criteria eg. age. If you would like to subscribe to the restricted areas of our site, please follow the instructions to sign up.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Blogs, commentaries, fitness/healthy eating guides and all other materials posted on our site are not intended to amount to advice on which reliance should be placed. Some of this material may have been provided by third parties or uploaded by registered users. We do not verify this information. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You should always seek to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site.
For our fitness plans, please carefully read the information provided on our site regarding that product or service or contact the manufacturer or third party service provider (where the service is not provided by us, for example, when we use YouTube videos on our site). We are not licensed healthcare professionals; if in any doubt, or if you are pregnant, breast-feeding, trying to get pregnant or taking any prescribed medication, please consult your medical practitioner before using any of the products or services.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms of Business. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
ACCEPTABLE USE OF OUR SITE
1. PROHIBITED USES
You may use our site only for lawful purposes. You may not use our site:
• In any way that breaches any applicable local, national or international law or
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or
• For the purpose of harming or attempting to harm minors in any way.
• To knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the operation
of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of any
of the other provisions of these terms of Website Use.
• Not to sell goods or services through our site.
• Not to access without authority, interfere with, damage or disrupt:
− any part of our site;
− any equipment or network on which our site is stored;
− any software used in the provision of our site; or
− any equipment or network or software owned or used by any third party.