Terms and Conditions
Definitions. In these Conditions, the following definitions apply:
We / our / us: Leigh Brandon T/A BodyCHEK Client: the person or company purchasing the Program from us, further details of which are set out in the Order form overleaf. Commencement Date: the date that we commence provision of the Program to the Client in accordance with clause 2.1 below Contract: the contract between us and the Client for the supply of a Program comprising of the Order and these Conditions
The Materials: all documents, guides, booklets, digital or physical products, CD-ROMs, equipment, content on our website and any other proprietary information relating to the Program which are provided by us to the Client.
Fees: the fees payable by the Client for the supply of a Program in accordance with clause Client Data means all data (in any form) that is provided to BODYCHEK or uploaded or hosted on any part of any Program by the Client or by any Authorised User;
1. BASIS OF CONTRACT
1.1 The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in the Contract. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. We are under a legal duty to supply goods that are in conformity with the contract;
1.2 Any sample materials, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our website or brochures, are issued or published for the sole purpose of giving an approximate idea of a Program and the Programs offered by us. They will not form part of the Contract or have any contractual force.
1.3 :The client agrees that if they access or use the program materials supplied with the service before the end of the cancellation period provided for in regulation 30(1) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 they then understand and agree with explicit consent that the right to cancel the contract under regulation 29 (1) will be lost. The client understands that they will need to contact email@example.com if they maintain their rights to cancel.
1.4 : We are bound and follow the codes of conduct, as defined in regulation 5 (3)(b) of the Consumer Protection from Unfair Trading Regulations 2008.
2. THE PROGRAMS
2.1 We will supply a Program to the Client and we warrant to the Client that such Program has been prepared using reasonable care and skill. We provide no guarantee that a Program will provide any results for the Client.
2.2 We will use reasonable endeavour to meet any dates in relation to supporting the program (including but not limited to dates for the Client to attend calls) but any such dates will be provisional only and may be subject to change at the discretion of BODYCHEK, with no liability attaching to BODYCHEK in respect of such changes.
2.3 we will have the right to make any changes to the support of a Program which do not affect the nature or quality (including but not limited to: call length, call type, , Facebook group access)
2.4 The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times comply with all applicable laws relating to the use or receipt of the Program, including laws relating to privacy, data protection and use of systems and communications.
3. CLIENT’S OBLIGATIONS
3.1 The client will: a)ensure that the terms of the Order are complete and accurate; b)co- operate with BODYCHEK in all matters relating to a Program; c)pay the Fees strictly in accordance with the payment schedule set out in the Order; d)provide BODYCHEK with such information and materials as BODYCHEK may reasonably require in order to support a Program and ensure that such information is accurate in all material respects; (e) not use a Program or BODYCHEK Materials for any purpose other than that which has been expressly authorised under the Contract, nor will it compete or seek to compete, either directly or indirectly, with the business of ours at any time (f) respect the privacy rights of any other participants in a Program; g) permit us to use any examples of the clients in the online updated curriculum or in our marketing h) permit us to include information or video footage highlighting any benefits which the Client has obtained from using a Program and in this regard, the Client hereby grants to us a royalty-free, perpetual license to use any intellectual property rights of the Client for this purpose.
3.2 If our performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the Client to perform any obligation (Client Default), We, without limiting our other rights or remedies, will (a) have the right to suspend offering support of a Program until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays our performance of any of our obligations, and (b) not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 3.2.
4. FEES AND PAYMENT
4.1 The Fees for the program are detailed at the time of purchase (or any agreement made program). The Fees will be paid in accordance with the payment schedule set out in this order (or any agreement made with a finance company in accordance with payment for the program) in full. The fees will remain payable by the client even if it does not complete, access or use the entire Program.
4.2 Options 1 is payable on the day of signing up to the program and Option 2 is 6 payments, due on the day of signing up for the program and will continue for 6 months at monthly intervals.
4.3 The Client will pay all amounts due under the Contract in full without any deduction or withholding and the Client will not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount. We may set off any amount owing to it by the Client against any amount payable by us to the client.
4.4 We reserve the right to continue processing payments for any outstanding monies using any of the Client’s card details held on the Clients account.
4.5 Failure to make payment in a timely and collaborative fashion may result in your details and contract being handed to a 3rd party debt collection agency which may affect your credit rating and potential to get future credit.
4.6 The Client Acknowledges they signed the order via the website offer through their own choice without coercion or any unlawful tactics from us and are fully responsible for their decision.
4.7 If for any reason you are not happy with the program, you are entitled to a full refund up to 14 days from the purchase date. To request a refund, you can email firstname.lastname@example.org
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or arising out of or in connection with a Program and our Materials will be owned by us. We hereby grant the Client with a revocable, nonexclusive royalty free licence to use our Materials for the duration on of a Program.
6. LIMITATION OF LIABILITY AND DISCLAIMERS:
6.1 We will under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
6.2 We may provide the client with information relating to products that we believe might benefit the client, but such information is not to be taken as an endorsement or recommendation. We do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from that information.
6.3 We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be, and is not a substitute for, personal medical advice and instruction. Client should not take any action based solely on our advice. Client should consult their doctor before taking any nutritional, herbal, homeopathic or hormonal supplementation.
6.4 If client relies on, buys or uses a product or therapy, they do so at their own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how client may react to any particular product or therapy.
6.5 To the maximum extent permitted by law, we exclude:
6.5.1 Any and all liability for injury or loss arising out of the use of, or reliance on, the dietary, supplement and lifestyle suggestions we may provide;
6.5.2 Any and all liability for injury to client or loss arising from any product or treatment you may choose to take;
6.5.3 Any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.
6.5.4 All material and information we may provide about products and therapies is provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.
7.DURATION AND TERMINATION
7.1 The Contract will continue unless and until terminated in accordance with clause 7.2.
7.2 We shall be entitled to terminate the provision of the Service and/or the Contract by giving written notice to the Client, at any time, without penalty.
8. DATA AND INFORMATION
8.1 Client Data shall at all times remain the property of the Client or its licensors.
8.2 Except to the extent we have direct obligations under data protection laws, the Client acknowledges that we have no control over any Client Data hosted as part of the provision of the Programs and may not actively monitor or have access to the content of the Client Data. The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with the Program) complies with all applicable laws and Intellectual Property Rights.
8.3 If we become aware of any allegation that any Client Data may not comply with the Acceptable Use Policy or any other part of this Contract we shall have the right to permanently delete or otherwise remove or suspend access to any Client Data which is suspected of being in breach of any of the foregoing from the Programs and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful we shall notify the Client before taking such ac on.
8.4 Within  days of the earlier of the end of the provision of the Program (or any part) relating to the processing of the Client Data, unless otherwise set out in the Contract or subsequently agreed in writing, the Client hereby instructs that we shall securely dispose of such Client Data processed in relation to the Program (or any part) which have ended (and all existing copies of it) except to the extent that any Applicable Law (as defined in the Data Protection on Addendum) requires we store such Client Data. We shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Client Data undertaken in accordance with the Contract.
8.5 We shall have the right to suspend the Program at any time, and for any reason, without notice; the Client accepts and acknowledges that Programs of this nature can be withdrawn or may be unavailable due to technical and other issues, or as a result of updates, maintenance or similar. If such a suspension or withdrawal is to last for more than 10 days, the Client will be notified as to the reason.
9. CONFIDENTIALITY AND SECURITY OF CLIENT DATA
9.1 We shall maintain the confidentiality of the Client Data and shall not without the prior written consent of the Client or in accordance with the Contract, disclose or copy the Client Data other than as necessary for the performance of the Program or its express rights and obligations under the Contract.
9.2 We shall implement technical and organisational security measures in accordance with [the Information Security Addendum]. 9.3.1 We undertake to disclose the Client Data only to those of its officers, employees, agents, contractors and direct and indirect subcontractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under the Contract or as otherwise reasonably necessary for the provision or receipt of the Program, and
9.3.2 shall be responsible to the Client for any acts or omissions of any of the persons referred to in clause 9.3.1 in respect of the confidentiality and security of the Client Data as if they were our own.
9.4 The provisions of this clause 9 shall not apply to information which:
9.4.1 is or comes into the public domain through no fault of ours, its officers, employees, agents or contractors;
9.4.2 is lawfully received by us from a third party free of any obligation of confidence at the me of its disclosure;
9.4.3 is independently developed by us (or any of our Affiliates or any person acting on our behalf), without access to or use of such information; or
9.4.4 is required by law, by court or governmental or regulatory order to be disclosed, that clauses 9.4.1 to 9.4.3 (inclusive) shall not apply to Protected Data. 9.5 This clause 9 shall survive the termination or expiry of the Contract for a period of [ten] years.
9.6 To the extent any Client Data is Protected Data, we shall ensure that such Client Data may be disclosed or used only to the extent such disclosure or use does not conflict with any of our obligations under the Data Protection Addendum (which can be found by at http://bit.ly/LBPrivacyPolicyOct2018) . Clauses 9.1 to 9.5 (inclusive) are subject to this clause 9.6.
10.1 From the date the Contract commences any behaviour displayed by the Client that we deems as disruptive, threatening, abusive or untenable in anyway, either in person, via email, via social media or any other forms of means of communication either directed at us, our other clients, our team members or associates may result in the Client being denied access to the Facebook group and all other aspects of support to the Program including coaching calls and live events. All remaining fees would remain payable and any monies for the Program will be non- refundable.
10.2 Assignment and subcontracting: The Client will not, without the prior written consent of us, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract
10.3 Waiver: A waiver of any right under the Contract is only effective if it is in writing and will not be deemed to be a waiver of any subsequent breach or default.
10.4 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, will only be binding when agreed in writing and signed by us.
10.5 Other than the warranties provided in the Addendum which can be found upon logging into www.eliiminateadultacne.com, we give no warranties of any kind, whether express or implied, for the service it provides under the Contract. Use of any information obtained via us is at the Client’s own risk. We make no warranty whether express or implied as to the accuracy or quality of information obtained through its services.
10.6 Complaints: Please contact email@example.com and we will respond within 48 hours. We don’t currently subscribe to an alternative dispute resolution (ADR) scheme as we’re confident we will always attempt to resolve any complaint professionally and courteously. If you’ve been in touch and are unhappy with our resolution, please let us know. If you remain unhappy with any final resolution, we’re required to let you know about ADR. The full list of ADR providers, and more information on ADR, can be found on the Chartered Trading Standards Institute (CTSI) website. The list of ADR providers is regulated by the CTSI. If you need advice or wish to report problems with goods or services, bought from a trader based in the UK, the appropriate advice agency is the Citizens Advice Consumer Service which can be contacted on 03454 04 05 06.