- OUR TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products and courses to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you enrol on the Run with Ease course. These terms tell you who we are, how we will provide products and content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Danielle White a company registered in England and Wales. Our company registration number is 08727058 and our registered office is at 98a High Street, Potters Bar, Hertfordshire, England, EN6 5AT, United Kingdom.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07526 786087 or by writing to us 98a High Street, Potters Bar, Hertfordshire, England, EN6 5AT or by email at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your participation on the course. Our acceptance of you on the Run with Ease course will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept you on to the course. If we are unable to accept you on the Run with Ease course, we will inform you of this and will not charge you. This might be because of an injury you have, because you are unable to get hold of the equipment you need or because we feel you need to seek a health care providers opinion before joining the course.
4. MEDICAL DISCLAIMER
4.1 All material, information and/or advice made available to you (whether on our Site or otherwise howsoever) is provided for your information only and may not be construed as medical advice or instruction. None of the Materials are a recommendation as to how to treat any particular disease, health problem or health related condition. Nor has the course been evaluated by the Food and Drug Administration (FDA), Food Standards Agency (FSA), the National Institute for Health and Clinical Excellence (NICE) or any other Government or medical body in any country. This course does not supersede any advice given by any qualified medical practitioner, registered dietician or nutritionist.
4.2 The Run with Ease course is based on our own research and experiences. You should not use this course for diagnosis or treatment of any disease, health problem, health related condition or for prescription of any medication or other treatment. If you suspect you may have a health condition directly or indirectly related to pregnancy or post-pregnancy such as (but not restricted to) Hernia; Prolapse; severe or irreparable Diastasis Recti; Sacro-iliac pain; Sciatica, Symphysis Pubis Joint Diastasis; Pelvic Girdle Pain (also known as Symphysis Pubis Dysfunction) or Postnatal / Postpartum Depression you should consult with a medical healthcare professional BEFORE embarking on ANY exercise program (including for the avoidance of doubt, before using any Product). Surgical or prescription options, implications, outcomes and insurance policy cover vary widely across the world and can only be properly advised by your own medical healthcare professional.
4.3 We (nor any of our officers, employees, consultants, agents and/or representatives) do not provide medical advice, diagnosis, treatment or medical services of any kind.
4.4 We make no promises, assurances, warranties and/or representations that the Run with Ease course (or any part of our courses) will treat, control or cure any particular disease, health problem or health related condition.
4.5 The Run with Ease course is not a substitute for the consultation, diagnosis and/or medical treatment provided by your doctor, healthcare provider, nutritionist or dietician.
4.6 You must not rely on the Materials and/or course as an alternative to medical advice and we expressly disclaim all responsibility for, and shall have no liability for, any damage, loss, expense, injury or liability whatsoever suffered by you or any third party as a result of your reliance on any Materials and/or courses we provide to you.
4.7 If you have any specific questions or concerns about any medical matter, you should consult your doctor, healthcare provider, nutritionist or dietician as soon as possible.
4.8 If you think you may be suffering from any particular disease, health problem or health related condition (whether before, during or after the use of the Run with Ease course) you should seek immediate medical attention from your doctor, healthcare provider, nutritionist or dietician. You acknowledge that you will not delay seeking or disregard medical advice or discontinue any medical treatment because of the Materials we provide to you or because you have purchased the Products.
5. YOUR RIGHTS TO END THE CONTRACT
5.1 You can always end your contract with us. Your rights when you end the contract will depend on what course you have joined, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
5.1.1 If what you have joined has been mis-described you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back)
5.1.2 If you want to end the contract because of something we have done or have told you we are going to do
5.1.3 If you have just changed your mind about the course. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions
5.1.4 In all other cases (if we are not at fault and there is no right to change your mind)
5.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses below the contract will end immediately and we will refund you in full for any courses which have not been provided and you may also be entitled to compensation. The reasons are:
5.2.1 we have told you about an upcoming change to the course or these terms which you do not agree to
5.2.2 we have told you about an error in the price or description of the course you have joined and you do not wish to proceed;
5.2.3 there is a risk that supply of the course may be significantly delayed because of events outside our control;
5.2.4 we have suspended the course for technical reasons, or notify you we are going to suspend the course for technical reasons, in each case for a period of more than 7 days; or
5.2.5 you have a legal right to end the contract because of something we have done wrong.
5.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and courses bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.4 if you believe the goods, services or digital content delivered to you under these terms do not deliver the content you expected to obtain when you ordered them from us, we will offer you a full refund. Please tell us why the course or products did not deliver what you expect – you can contact us by email or telephone or post using the contact details in clause 2.2;
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14 day period to change your mind||90 days from the day of purchase when paid in full or the date of your first instalment when using the payment plan, to change your mind (at our discretion).|
5.4.2 you must immediately delete all digital content that has been provided or that you have in your possession;
5.4.3 you accept that we will withdraw your access to the digital content when we issues you with the refund; and
5.4.4 you will not share access details or any material or digital content with anyone at any time.
5.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
5.5.1 digital products after you have started to download or stream these, unless you are exercising our 100% money back satisfaction guarantee explained in clause 5.4;
5.5.2 services, once these have been completed, even if the cancellation period is still running;
5.6 How long do I have to change my mind? How long you have depends on what you have ordered or joined and how it is delivered.
5.6.1 Have you bought services (for example, private coaching)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
5.6.2 Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind, unless you are exercising our 100% money back satisfaction guarantee explained in clause 10.4.
5.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
6. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
6.1.1 Phone or email. Call customer services on 07526786087 or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
6.1.2 By post. Simply write to us at our contact address, including the information required above.
6.2 How we will refund you. We will refund you the price you paid for the course by the method you used for payment. However, we may make deductions from the price, as described below.
6.3 Deductions from refunds. If you are exercising your right to change your mind:
6.3.1 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
6.4 When your refund will be made. We will make any refunds due to you as soon as possible.
6.4.1 Your refund will be made within 14 days of your telling us you have changed your mind.
7. OUR RIGHTS TO END THE CONTRACT
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
7.1.1 you do not make any payment installment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
7.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to assist you;
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8. PRICE AND PAYMENT
8.1 When you must pay and how you must pay. We accept payment by the credit and debit cards listed at the checkout stage of your online payment on our website. When you must pay depends on what product you are buying:
8.2 For digital content, you must pay for the products in full before you download them. We may suspend access to this content if you do not pay any subsequent instalment. Payment plan instalments are automatically processed 30 days after the initial payment and your card details will be retained securely by our payment processor in order to take your second payment automatically.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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.
9.2 If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
9.4 We are not liable for you not following our instructions and your attention is particularly drawn to our medical disclaimer at clause 4.
10. HOW WE MAY USE YOUR PERSONAL INFORMATION
10.1 How we will use your personal information. We will use the personal information you provide to us:
10.1.1 to supply the course to you;
10.1.2 to process your payment for the course; and
10.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
10.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
11. OTHER IMPORTANT TERMS
11.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
11.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if you have not followed our instructions in relation to the products at any point or you have not followed these terms and conditions. However, you may transfer our guarantee at clause 10.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by email confirmation from you stating they are now the owner.
11.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 17.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
11.4 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.
11.5 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, 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 products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.