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Terms and Conditions

The following Terms and Conditions are entered into by and between You (“Client”, “your”, “user”, “Consumer”) and The Sculpting Susan (“Company”, “we”, “our” or “us”).

  • Please read the Terms and Conditions carefully before you start to use the Website as this constitutes a legal agreement between us and You.
  • The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of thesculptingsusan.com, and thesculptingsusan.wordpress.com including any content (inclusive of “Member’s Area” and “Forums”,), functionality, sales of fitness and nutrition plans (“Programs” or “Plans”) on or through thesculptingsusan.com (the “Website”), whether as a guest or a registered user. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
  • By using this Website, you accept these terms and conditions in full and you agree to be bound and abide by these Terms and Conditions and our Privacy Policy. Do not continue to access or use the Website if you do not want to agree to these Terms and Conditions.
  • Please note that we do not provide medical advice. Everybody is different and we advise that you seek advice from a medical professional before starting any fitness or nutrition program. When following our Programs or Plans you are doing so at your own risk, and you agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. Any guidance we may provide is no substitute for professional medical or physiotherapy advice.

 

CHANGES TO THE TERMS AND CONDITIONS

We may revise and update these Terms and Conditions from time to time at our discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.

 

  1. PRIVACY

1.1 Your privacy is important to us. Your use of the Website is also subject to the Company’s Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.

 

  1. HOW TO CONTACT US

2.1 Who we are. We are The Sculpting Susan, a sole trader registered in England and Wales whose registered office is at the address below.

2.2. How to contact us. You can contact us by email to [email protected] or by post to 7 Spinney Lane, Ashby de la Launde, Lincoln, Lincolnshire, LN4 3YD

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.

 

  1. ELIGIBILITY

3.1 By agreeing to these Terms and Conditions, you agree that you are over 18 years old and responsible for the content provided by the Website, Programs and Plans.

3.2 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.

3.3 We reserve the right to refuse to sell you a Program or Plan should we become aware of any medical reason that causes doubt as to your suitability for the Programs and/or Plans.

3.4 We reserve the right to reject any orders of Programs and Plans from outside the UK. If we do so, you will be given a full refund.

3.5 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of any Program or Plan, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Program or Plans or to the contents and components of the Program or Plans or are in any way in breach of these Terms and Conditions.

 

  1. LICENSE

4.1 As a result of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible License to personally access and use, for non-commercial purposes, the Program and Plans and any services offered on the Program. All intellectual property rights are reserved. You may view and/or print pages from http://www.thesculptingsusan.com for your own personal use subject to restrictions set in these terms and conditions.

4.2 This License shall continue until terminated in accordance with this Agreement.

 

  1. PROGRAMS AND PLANS

5.1 These Terms and Conditions govern your right to use the Website and your access to and use of the Programs and Plans both free and purchased, the Forum and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.

5.2 In downloading and/or printing any content from the Programs or Plans to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose. You also agree that your use of any Programs and/or Plans is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website and/or the Forum.

5.3 You agree that if you download any content from the Programs or Plans you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Program or Plans in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

5.4 You agree that in downloading any service or product from the Program and/or Plans, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Program and/or make it available over a network where it could be used by multiple devices at the same time.

5.5 You agree that your use of the Program and or Plans will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, stalking, obscenity, privacy, spamming, intellectual property rights and/or defamation in the UK and when accessed in another jurisdiction the laws of that jurisdiction and UK law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for England and Wales, UK.

5.6 You agree that in using Website, Program, Plans, Forums or Member’s Area, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

5.7 The content on the Program and Plans, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

 

  1. OUR CONTRACT WITH YOU

6.1 When the Contract (“Contract”) for a purchase of a Program or Plan comes into force. When you tick the box confirming that you accept these Terms and Conditions and then click the ‘PLACE ORDER’ button and made your payment, you are making an offer to purchase a Program or Plan. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.

6.2 When you purchase a Program or Plan, you will be given access to a “Client’s only” email subscription and Member’s Area access.

6.3 Access to the information provided to you through email subscription is for your sole use only.

6.4 Any password or right given to you to obtain access to the "Client’s only" email subscription and the “Member’s Area”, and the contents or use of either the email subscription or Member’s Area, is not transferable to any third party.

6.5 You agree to provide accurate and truthful details about yourself for the purposes of your purchase of the Program and/or Plans, inclusion in the Forum and/or Member’s Area and we reserve the right to suspend or terminate your Contract if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

 

  1. YOUR RIGHT TO END THE CONTRACT

7.1 Paying in Full: if you have changed your mind about the Program or Plan and you have paid in full, you may request to cancel your purchase within 14 days of the order by emailing [email protected]. Refer to clause 9. on how this should be carried out.

7.2 Paying in installments: If you have opted to pay for your Program or Plan by monthly installments: you may not terminate the plan after 14 days of the order. Your payments will be collected on a monthly basis, for a further 11 months from the date of purchase.

7.3 If you are ill or injured and cannot complete the Program or Plan, you are still contracted to pay for it. You have lifetime access to the Program or Plan and it can be modified to suit your needs when you are back to full health.

7.4 You may end the contract if we have told you about an error in the price or description of the Program or Plan you have ordered and you do not wish to proceed as a result. In which case, you will be refunded in full for any phases of the Program or Plan, which have not been provided.

 

  1. OUR RIGHT TO END THE CONTRACT

8.1 We may end the contract if you break it and/or you have not complied with these Terms and Conditions. We may end the contract for a Program or Plan at any time by writing to you if:

(a) 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;

(b) 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 or Plans; or

(c) in respect of a Program or Plan if you are pregnant or have withheld important health information such as but not limited to suffering an illness, injury or condition, which may result in the suffering or deterioration of your health.

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in 8.1, we will refund any money you have paid in advance for Programs or Plans 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.

 

  1. HOW TO END THE CONTRACT WITH US

9.1 Tell us you want to end the contract. If you are entitled to end the contract with us and wish to do so, please let us know by doing one of the following:

(a) Email. Email customer services as set out above.

(b) Online. Complete the ‘Contact’ form on our website.

(c) By post. Or simply write to us at the address above, including details of what you bought, when you ordered or received it and your name and address.

9.2 Where applicable, we will refund you the price you paid for the Plans including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 8.2

9.3 If your refund is authorised. We will make any refunds due to you as soon as possible, and in any event within 14 days of us receiving notice that a refund is due.

 

  1. PAYMENTS

10.1 In purchasing any Program or Plan from the Website ("the Purchase") you agree to:

(a) pay using a valid credit card (or other form of payment as we may allow);

(b) pay all costs, fees, charges, applicable taxes and

(c) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies.

10.2 If we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Website, the Program or Plans or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; other charges as may be incurred in respect of the Purchase ("the costs"); and

10.3 All costs will vary depending on the currency of your geographical region.

10.4 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact [email protected] within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.

 

  1. EMAIL SUBSCRIPTIONS

11.1 You agree to receive a series of email sequences and updates when:

(a) You use the “contact us” button on the Website and submit your email address.

(b) You sign up with your email address to receive a free download from the Website;

(c) You opt in to our list by providing your email address on the Website.

(d) You subscribe to the blog on the website thesculptingsusan.wordpress.com

11.2 Upon receipt of the email sequence, you can choose to unsubscribe at any time by clicking on the link at the bottom of any emails sent to you.

11.3 More details about how your email address and other data is stored and used can be found in our Privacy Policy.

 

  1. SUSPENSION OR WITHDRAWAL OF OUR WEBSITE

12.1 We do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

  1. VIRUSES

13.1 We do not guarantee that our Website will be secure or free from bugs or viruses nor are we liable for any loss to you incurred as a result of any bugs or viruses.

13.2 You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

13.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

  1. AFFILIATE PARTNERS

14.1 This website contains affiliate links. When you make a purchase from these affiliates using our discount code, the Company will earn a small commission to say thanks for referring you. If we recommend a brand it’s because we like the brand and use their products regularly.

 

  1. LINKS TO THIRD PARTY WEBSITES AND SERVICES

15.1 The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators unless otherwise stated.

 

  1. LINKING TO OUR WEBSITE

16.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

16.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

16.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

16.4 We reserve the right to withdraw linking permission without notice.

 

  1. REFUND POLICY

17.1 Unless otherwise stated, claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim. For the avoidance of doubt, any refund will only be provided in accordance with England and Wales Consumer Law.

17.2 If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan. Furthermore, if you purchased the program in knowledge of a pre-existing medical condition that may hinder your ability to follow the program, the 60 day guarantee does not apply.

17.3 All refunds are discretionary as determined us. To further clarify, we will not provide refunds after the 60th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay a 20$ admin fee and interest on all past-due sums at a rate of 4% per month or the highest rate allowed by law, whichever is greater.

17.4 If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]

 

  1. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES

18.1 If you are a Consumer: please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction the exception being that if you are a resident of Northern Ireland where you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

18.2 If you are a business: these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.      

Terms and Conditions, last updated 26/08/2019

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