LOSERS FOR LIFE PROGRAM
TERMS OF BUSINESS FOR SALE OF THE PROGRAM WORLDWIDE
This constitutes a legal agreement between us and you. Please read it carefully.
Please note that we do not provide medical advice. When following The Program 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, psychological, psychiatric, or physiotherapy advice. Always ask your general practitioner or personal therapist if in doubt.
The Program is not appropriate for you if you have any of the following conditions or illnesses:
HOW TO CONTACT US
You can contact us by email: firstname.lastname@example.org.
How we may contact you. If we have to contact you, we will do so by e-mail.
PLAN SUPPORT - OFFICE HOURS
Support is provided by e-mail during the following times:
HOW YOU MAY USE MATERIAL WE PROVIDE
· We are the owner or the licensee of all intellectual property rights in our Program. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
· You must not use any part of the content of The Program for any purpose other than your personal involvement in The Program.
OUR CONTRACT WITH YOU – This described when the contract for a purchase of The Program comes in force.
· When you tick the box confirming that you accept these Terms of Business and then click the ‘PLACE ORDER’ button, making your payment, you are making an offer to purchase The Program. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.
· We may refuse to sell The Program for medical reasons. Our policy is that we will not provide fitness or nutrition plans if, by way of example, you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Plans are not appropriate for pregnant women, children under 18 or adults over 65.
· 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.
PROVIDING THE PROGRAM
· What will happen if you do not give required information to us.
· We may need certain information from you so that we can supply The Program to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end your access to The Program.
· We will not be responsible for supplying The Program late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
REASON WE MAY SUSPEND THE SUPPLY OF THE PROGRAM TO YOU
· We are addressing a technical problem with our technology providers (ZOOM, Facebook).
· If you do not pay. If you do not pay when you are supposed to and you still do not make payment within three days of us reminding you that payment is due, we may suspend supply of any elements of The Program until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply.
YOUR RIGHTS TO END THE CONTRACT
Rights and exclusions. You have the right to end the contract in certain circumstances. However, these are subject to certain important exclusions, which are set out below. Please check these carefully.
HOW TO END THE CONTRACT WITH US
If you are entitled to end the contract with us and wish to do so, please let us know by:
Sending an e-mail to email@example.com ‘Request to end contract’ in the subject line.
Completing the ‘Contact Us’ form on our website.
Where applicable, we will refund you the price you paid for The Program to the method you used for payment.
OUR RIGHT TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a Plan at any time by writing to you if:
You do not make any payment to us when it is due and you still do not make payment within five days of us reminding you that payment is due;
You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide The Program.
In respect to The Program, if you are pregnant or suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia.
If you are under eighteen or over sixty-five years of age.
You must compensate us if you break the contract. If we end the contract due to any of the above situations, we will refund any money you have paid in advance for The Program that has not yet been provided and we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
IF THERE IS A PROBLEM WITH THE PROGRAM
If you have any questions or complaints about The Program please contact us by writing to: firstname.lastname@example.org
SUMMARY OF YOUR LEGAL RIGHTS
We are under a legal duty to supply The Program that conforms with this contract.
See the box 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.
The Consumer Rights Act 2015 says digital content, such as The Program, 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.
PRICE AND PAYMENT
· Ways to pay. Goods must be paid for in advance. The Program may be purchased by a one-time payment or a payment plan option, payable by six monthly installments. Or, if offered, twelve monthly installments. An administration fee or equivalent may be payable to set up the instalments option and this fee will be non-refundable.
· Where to find the price for the Plan. The fee for The Program has the following two options: 1 payment (due today) or 6 monthly payments. If you select the 6 monthly payments, you will pay the first instalment today, and an additional 5 monthly payments from the date of purchase. If you choose to pick the payment plan option, you are responsible for all 6 payments unless a refund is requested according to the terms outlined. Please note that if you choose the 6-payment option, we retain the right to suspend access to The Program if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice and does not reflect the ongoing or remaining balance for the account. We reserve the right to collect all monies due or overdue either in lump sum or instalments. However, we will always work with a customer to help them to pay off an outstanding debt if communication lines remain open. Should you have any account questions you can email email@example.com at any time.
· We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
· We can charge an admin fee if you pay late. If a payment is cancelled, cannot be taken due to insufficient funds, or has been refused by Stripe, a reminder email will be sent to you requesting the outstanding payment. This can be paid from your original payment method, or by credit card. If the funds have not been received within five days of the due date, a $20 admin fee will be charged. At this stage, The Program will go on hold until the balance is paid. If payment is not received within five working days, a further email will be sent advising you that if outstanding funds are not received, we reserve the right to pass your details over to our chosen debt collection agency to enable us to recover the costs. This email will represent the final demand for payment. Additional charges may apply in this instance.
· What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
· We are not liable for any charges that your bank may add to transactions.
· You will be charged at the exchange rate available on the day of transaction.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE
· We do not provide medical or psychiatric advice. When following a fitness or nutrition 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.
· 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.
· 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.
· 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.
· We are not liable for business losses. We only supply The Program 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.
HOW WE MAY USE YOUR INFORMATION
OTHER IMPORTANT TERMS
· We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Business to another organization.
· 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.
· 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.
· 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.
· 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 contact you but we continue to provide The Program, we can still require you to make the payment at a later date.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: firstname.lastname@example.org.
-The LOSERS FOR LIFE Team