Terms of Business
1. AGREEMENT OF TERMS
By using the Chicks of Wellness website and services, you hereby agree to be bound by these terms and policies. If you do not agree, please do not use the website or purchase a product or service.
Our products and services are provided for adults over the age of 18 only.
You can contact us at Chicks of Wellness, International House, 24 Holborn Viaduct, London, EC1A 2BN, United Kingdom or via email on [email protected]
Please note we may contact you via any means in which you provide to us at registration or payment which may include by phone, messenger, email or in writing to your postal address.
Please be aware that we do not provide medical advice and in using our website, products or joining our monthly membership you are taking part at your own risk, and you take full responsibility for any effects this may have on your body or health.
It is advisable that you consult a medical expert prior to commencement of any fitness or health improvement plan and obtain their expert medical opinion if you are in any doubt. Our products and services are not suitable for everyone and if you are pregnant (congratulations!) we recommend you discuss with your medical expert before using or purchasing any of our products or services, any action is otherwise at your own risk.
By purchasing a product or service you confirm you have no known physiological condition why you cannot carry out all elements delivered within.
Please do NOT access or use the service while driving, operating heavy machinery, or whilst performing any tasks that require added concentration. You are liable for your own health and safety using any of our products or services and use is entirely at your own risk.
The price of the membership and each product or service can be found on the order page where you make your purchase and we will do everything possible to ensure the price advertised is correct. If there is a mistake in the price as advertised, please contact us immediately and we will rectify the problem.
Monthly Subscription: Your subscription fee will be paid to us a month in advance using the card details you supplied at registration once your free 14 day trial period has come to an end and will auto-renew on a monthly basis on the same date until you decide to cancel it with us. Taking the action of ticking the box to confirm you accept our Terms of Business when you purchase the plan will take you through to our external payment processor which is Stripe. Once you submit your payment details and click to make your payment a legally binding contract will be formed between you and us, this will trigger a confirmation email and you will receive immediate access with your chosen email and password.
Please ensure you have saved a cope of these Terms of Business of which you agreed.
If based outside the UK, you may be charged the exchange rate available on the day of your purchase transaction, this is also the case for refunds, you will be refunded at the rate the bank provides on the day, please be aware this may alter the amount you receive back to be less than you originally paid.
We may cancel your membership and remove access to the Chicks of Wellness Member’s Club and/or any associated products/services or external platforms should your payment fail or we are unable to collect the monthly recurring payments. We are not liable for any charges your bank places on your account or adds to your transactions.
*Please only make your purchase if you are able to easily afford it and have available funds in order to make this purchase without putting yourself in any financial difficulty. We may from time to time decide to offer a discount and this will not affect these terms.
The membership material and products are provided as educational information to be used at your own risk and are solely for your own personal use.
Your subscription to the membership entitles you to one copy of any documents we provide, it does not entitle you to modify, edit or copy any of the content, use the content for commercial purposes or public display, transfer to another person by any means including digitally or by print. You are not permitted to take screenshots of any material inside the site or on our social media profiles to share publicly. Should you wish to share social media posts (content and/or images) then please do so crediting @chicksofwellness and use #chicksofwellness to acknowledge the copyright attached.
You must not disclose any part of the membership/products/plans including videos and any other digital format to any third parties, by doing so you will be in violation of these terms and legal action will be taken against you.
Rachel Sanderson and Stephanie Rice of the Chicks of Wellness are the sole owners of all property and content on this website, in all emails, messages, social media posts, videos, PDF’s, images and within all the materials which are protected by global copyright laws. All rights are reserved.
6. RIGHT TO CANCEL
If you subscribed through the Free Trial option and you cancel prior to the 14 days, your subscription will continue to the end of the 14 days and then cease.
If you cancel after the 14 trial day period has ended, your subscription will cease at the end of that payment cycle.
No refunds will be available for any unused time period remaining from your Free Trial following you cancelling your subscription, except in accordance with your statutory rights.
You may cancel your membership at any time by emailing our team via [email protected] Please include your original email address, your full name and any further details you shared at the point of registration for us to easily identify you and process your request efficiently.
You must contact us at least 7 days prior to your next billing date so we have enough time to process your request and ensure you are not charged on the next billing cycle. Your access to the content will cease once your cancellation request has been processed.
Under the Consumer Contracts Regulations (2013) you are entitled to a full refund within 14 days of the purchase date if you simply change your mind. If you contact us to request a refund within the 14 day (cooling off) period we will refund the full amount and that payment will be received back onto the card which you paid.
Please note that the time it takes to process the refund depends on your original payment method, we will process your refund as soon as possible and within 14 days of receiving your request.
Outside the 14 day period, no refunds will be available under any circumstance with the following exception: You have become gravely ill or injured and supply us with a signed medical certificate from your medical professional.
8. TECHNICAL REQUIREMENTS
Please note, in order to receive and participate in the members’ club or other plans/services we provide, you will need access to the internet, email and have sufficient security on whichever means you choose to view the content on.
The digital content delivered to you is only available in (British) English.
The content will be delivered via the Kajabi platform and/or email, social media, video streaming, other streaming services, PDF, and messenger. You understand that you alone are responsible for the actions of downloading or streaming our content. All materials and products remain the property of the Chicks of Wellness and are not permitted for reproduction or distribution.
Please ensure you have the basic requirements for you to access the members’ club on a computer/tablet/mobile device:
- The most recent version of Google Chrome, Firefox, MS Edge or Safari
- Operating system: Windows 8, Mac OS X v10.11 or Ubuntu 10+
- Internet connection with 3+ Mbps
- 1.5GHz or faster processor
- 1GB+ of RAM
- 4.5GB+ of available hard-disk space
- 1024x768 screen resolution
- Video hardware acceleration (optional)
- Intel processor
- Adobe Acrobat Reader: iOS, Android, Windows Phone
- Microsoft Office or equivalent
- Adobe Scan: iOS, Android
- *Malware protection, antivirus protection and data backup*
We accept no responsibility or liability for lack of access or functionality during your use of the service. It is your responsibility to ensure your equipment and devices are in good and safe working order and fulfil the minimum technical and streaming requirements.
Please inform us at your earliest convenience if you have any problems in accessing or using the membership site via desktop or app, we will endeavour to help resolve any issues as soon as is humanly possible.
Please email us at: [email protected]
Should a problem or complaint arise, please contact us first to discuss and see if we can help resolve the issue between us. If this isn’t possible you can choose to go through the dispute resolution process which is an independent body who will consider the facts from both parties, and find a way to resolve the issue without you having to attend court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
10. YOUR INFORMATION/OBLIGATIONS
Any content you share with us be that in written or image format must belong to you so you hold the rights to share that information with us. All personal and identifiable information will be kept as secure and confidential.
You are solely responsible for the safekeeping of your password and login details. We strongly suggest you create a unique password which contains at least 8 characters, one capital letter, one number and a special character. You are also responsible for keeping your details up to date and accurate in order to continue receiving access, you can do this via your account dashboard and also send us an email so we’re all up to date.
You agree that under no circumstance will you share your password or access details with anyone else. Should we discover this to be the case we will immediately cancel your access and delete your account across all platforms and may take legal action against you and hold you responsible for any costs incurred in doing so as this is a breach of these terms.
We can be contacted via email at [email protected] and will always endeavour to respond within 24 hours where possible.
Open: Monday to Friday between 9am and 5pm (GMT)
Closed: Saturday & Sunday, (UK) Bank holidays including Christmas Day, Boxing Day and New Years Day
We reserve the right to change these days, times and methods of communication at any point without prior notice.
Whilst a member, you will have access to us, other users and members of the public via our social media accounts and/or groups, and therefore we have set up some rules regarding your communication as part of our terms.
BE NICE - Please don't be unkind to anyone (we’re sure you won't be), we encourage positivity, kindness and support so please keep it that way! Anyone breaking these rules will be reported, blocked from future use on all platforms and your membership/plan/service will be terminated.
NO PROMOTIONAL POSTS - Please do not promote your own business, products, service or groups. We don’t mind being approached for any relevant joint ventures, but the promotion of any kind isn’t accepted and will be removed or simply unpublished. Continuation to try will result in blocking you from the group.
NO SUB-GROUPS - Please don't set up and promote your own sub-groups, we have worked hard to create the Chicks of Wellness online community, so please do not infringe upon this!
EVENTS & MEET-UPS - We love members connecting and meeting up with other members, so feel free to organise your own meetups. Please keep these FREE OF CHARGE (promoting paid events isn't allowed), and let us know about them so we can help you even more and maybe even make an appearance one day… We do love a Zoom and a podcast chat.
NO SELLING - Please don't use our accounts or groups to sell your products or services, if found doing so you will be removed, blocked and your membership will be cancelled!
NO SHARING - You are not permitted to copy, save, download, upload or share any information, images or content from within the group externally. Everything we share with you is our own unique content and is protected by international copyright law.
12. USER GENERATED CONTENT
You agree to grant Chicks of Wellness and all associated parties non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full sub-license right) to use, reproduce and publish your Unique Generated Content (UGC - content you share with us) in any manner, including the right to adapt, alter, amend or change in all media types and formats (either known now or to be invented) internationally without restriction.
You agree that you warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained explicit rights and permissions for the relevant parties and owners to share or use that work.
Please be careful with the content you choose to share or upload using our services or on our brand represented accounts. You agree to release the Chicks of Wellness and any associated persons from all and any liability for any content you or others share on any of our websites or platforms posted or shared by you and you accept full liability. If you are not happy with the service or object to any material, your first remedy is to cease use of the Service or site.
Any illegal content will be removed and reported and legal action will be taken against you.
We have a legal duty to supply our products and services to you under the rules set out in these Terms of Business contract and nothing in these Terms will affect your legal rights.
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 demand payment at the time, but we continue to provide the products and services, we can still require you to make the payment at a later date.
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 Products or Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products or Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products or Services 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.
14. KEY LEGAL RIGHTS
The digital content we supply via the membership must be described as ‘fit for purpose’, and ‘of satisfactory quality’ according to the Consumer Rights Act 2015.
We will replace or repair your digital content if found to be faulty. 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 as advised.
If it cannot be or has not been fixed within a reasonable time frame causing inconvenience you are entitled to a full or partial refund at our discretion.
If the digital content has been proven by a Computer Specialist (at your cost) to have been the sole cause of damage to your viewing device (in writing), you will be entitled to the costs of repair or compensation up to the current value of your device.
However, we will not be liable for any damage that would have been avoided by following any free advice from us on how to rectify the issue and for damage caused by you failing to have the proper system requirements and security in place as advised by us within these terms.
Please review your rights on the Citizens Advice Bureau website.
If you need help or have a complaint please email us at: [email protected]
If you have a dispute to raise, please visit the European Commission Online Dispute Resolution platform to submit one online.
We have a responsibility to you for any foreseeable loss or damage which is caused by us by failing to comply with these Terms of Business or breaking this contract. We are not liable or responsible for that which is not foreseeable and we have no prior knowledge or understanding that such would happen.
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.
15. FORCE MAJEURE
Except expressly stated in these conditions, we cannot accept liability or pay any compensation where the performance of our described services or outlined obligations under our contract with you is prevented or affected by us or you otherwise suffer any loss, expense or damage of any nature as a result of ‘force majeure’. This is a situation or an event that the service provider could not have foreseen nor could control, even with the best of intentions and due care, this could not be avoided by any means, therefore, no liability is accepted. A ‘Force Majeure’ may include such events as war, civil unrest, terrorist activity, natural disaster, adverse weather conditions, a virus pandemic and all other events which are out of our control.
16. BUSINESS COMMERCIAL
Our website, products or services are not supplied for business or commercial use and are only intended for use by private individuals on a domestic basis. Commercial and business resale is prohibited, and if found to be using our website, content or services for these purposes will result in legal action being taken against you for copyright infringement and we will not be liable for any loss you encounter such as profit, opportunity or business interruption.
We have the right to transfer this agreement to someone else. We will inform you in writing if a transfer is to take place and this will not affect your rights or obligations under this Terms of Business contract. You will have 14 days to respond and inform us of your position on this and if unhappy we will refund you any outstanding amount you have paid for, for any part of the Plan not yet received as a goodwill gesture.
You may not transfer the Product or Service to anyone else without our prior, written consent. To do so will be a breach of these Terms and our Copyright. This contract is solely between yourself and us and no other person has any rights to enforce any of its Terms.
We reserve the right to deny, suspend or remove your use or membership at any time without notice and for any reason.
18. UPDATES & CHANGES
We reserve the right to make occasional changes and updates to these terms and conditions as we find necessary and your continued use of our website and/or services signify your acceptance of any adjustments to these terms. We will inform you of changes to our policies via email and online announcements, however, we recommend you regularly check in on our website for updates too.
Terms of Business Last Update: June 2020