Terms and conditions
Website Terms and Terms of Business
These Website Terms and Terms of Business govern your use of our website, www.mindlybody.com, and your relationship with Mindly Body. Please read these terms carefully as they affect your rights and liabilities under the law.
Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.
Mindly Body is not qualified to give medical advice. Mindly Body cannot be held liable for anything that happens to any participants while following the videos, advice, diet plan, and any routines/plans designed by Mindly Body Exercises have the risk of injuries,Mindly Body is nor liable for any injuries you may suffer from during the workout routine and by participating you will take full responsibility for your own health and safety and you are responsible to get the best result too.
We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program. Including any allergies, current injuries, heart disease, high blood pressure, diabetes, arthoritis or other health conditions which can affect your ability to exercise safely or if you are under treatment or medication. You should also see your doctor If you experience chest pain while exercising or at rest.
You agree to follow any exercise and diet plans for your own safety and responsibility!
- This Website provides an online personal training service through which you can purchase webinars, online video courses, live stream classes, fitness and diet programs,
- These terms will apply to all users of the Website and all purchasers of Products and all users of the free Products and Guides too!
- CHANGES TO OUR SITE We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
USE OF CONTENT
- We are the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws. All such rights are reserved.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
- OUR PRODUCTS
We will offer through the Website the following products:
- training and diet (video) guides;
- Training videos (Advanced & Beginner)
- Live Stream Classes (Live played, pre-recorded videos)
- Online coaching (one-to-one consultations;
- Meal plans (tailored macros, not personalized, not for any special dietary needs, current eating habits as the VIP diet plan has)
- Individually tailored personal plans (diet, exercises, videos, guides)
- You can view and access the Website free of charge, however in order to purchaser any of our Products you must register as a member.
- The fees payable in respect of the products and services will be clearly displayed on the Website.
- All Fees must be paid in order to and prior to get the products.
- If you fail to pay by your preferred payment, we will try to collect payment from you again. If payment will be unavailable your membership will be cancelled and you won’t have further access to the plan. Refund can’t be received.
- If you have special dietary needs, allergies, intolerances you will be offered to purchase with and extra charge, discounted rate a personalized diet plan for your own safety.
- HOW TO CONTACT US
- Mindly Body is registered in England. Our preferred contact is : [email protected]
- When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.
- On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should change it immediately.
- If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website.
- You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
- PRODUCTS: CANCELLATION
If you want to end your contract with us, please let us know by doing the following:
- Email us at [email protected] Please provide your name, details of the order and, where available, your phone number and email address. Telling us of the reason you wish to cancel.
- Refund can’t be received after any purchase.
- On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and :
- access videos on a streaming only basis;
- access and download e-books;
- access and download (personalized) fitness and diet plans;
- access webinars
- take part in challenges and win the price
- access workout videos (beginner or advanced)
- Injury prevention, movement assessment videos
- You are not permitted to share any of the content licensed under these terms with any other individuals.
- Except for the foregoing limited license, no right, title or interest shall be transferred to you.
- You can access the webinars, live stream classes and take part in challenges by purchasing my 3 Weeks Wellness Success Program. You will have access to this content for a lifetime, and also to any new content uploaded.
- You will not have access to any new program, that is not included to my 3 Weeks Wellness Success Program/.
- VIRUSES, HANCKING AND OTHER OFFENCES
- You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
- You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 membership and right to use the Website will cease immediately.
- We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
- Pictures and videos shared with Mindly Body on Social Media or the Website should belong to the participant and they should not feature or imply any association with violent, aggressive, illegal, dangerous or anti-social behavior they should not be showing or encouraging consumption of alcohol while taking part in this exercise routine or disrespect cultural or religious differences/sensitivities.
- Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with mindlybody.com you should report it to [email protected] and we will attempt to correct the fault as soon as we reasonably can.
- Your access toMindly Body website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). The website may be restricted of the reason of software transfer. In these events we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
- For this reason Mindly Body can’t be held reliable for any technical issues occurred during live stream classes, webinars, use of website and refund can’t be received!
- If Mindly Body choose/for some reason will not any longer be able to run/offer it’s services , you will get access to all the products you purchased when e-mailing: [email protected] or [email protected]
- OUR LIABILITY
Nothing in the agreement excludes our liability arising as a result of our negligence for:
- Death or personal injury;
- Fraud or fraudulent misrepresentation.
- Subject to clause 10.1, our total aggregate liability arising in connection with our performance of this agreement shall be limited to the greater of (i) £250 or (ii) three times the price paid for the Products during the 12 months preceding the date on which the claim arose.
- Mindly Body is not qualified to give medical advice or replace doctor’s advice. Mindly Body cannot be held liable for anything that happens to any participants while following the videos, advices, the diet plan and any routines/plans designed by Mindly Body. Exercises have risk of injuries, Mindly Body is nor liable for any injuries you may suffer from during the workout routine and by participating you will take full responsibility for your own health and safety and you are responsible to get the best result too.
- We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program. Including any allergies, current injuries, heart disease, high blood pressure, diabetes, arthritis or other health conditions which can affect your ability to exercise safely or if you are under treatment or medication. You should also see your doctor If you experience chest pain while exercising or at rest.
- Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
- Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
- Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
- Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
For example, we always recommend that you seek professional medical advice before embarking on any exercise programme. Your decisions to engage in any exercise programme should take into account any medical or other professional advice that it available to you as well as using your own personal judgment as to what activity is safe for you to engage in.
- The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
- You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
- Any information that we provide that does not form part of a Personal Plan (VIP Plan, Online one-to-one coaching), whether obtained through our website www.peakperformances.co.uk, e-book, video course, challenges, webinars, check lists, social media (such as Facebook, Instagram) or otherwise, is provided for the purposes of general information only.
- The 90 Days Strong and Lean Plan is not a Personalized, Individually tailored plan. The diet plan includes general calorie and macro requirement calculated by your BMR so it can’t be treated as personalized plan and does not consider any allergies, eating habits and others and can’t be compared to the individually tailored diet plan.
- For the reason mentioned in 3rd point, 90 Days Strong and Lean diet plan is not suitable for people with food intolerances, allergies, any special dietary needs, diabetes, if you take medication that can restrict curtain food sources you can eat or if you’ve been ask by your to consult your doctor before following a plan. You will be offered to purchase an Individually Tailored diet plan and fill out a special questionnaire by our dietitians for YOUR OWN SAFETY! This will be on a discounted rate.
- If the one-to-one coaching session is canceled less than 24 hours before the appointment or if a client does not show, sessions will not be rescheduled.
- EXPECTED RESULT
While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
- the effectiveness any techniques, diets or programmes that we deliver; or
- the results that you may achieve as a result of following our programs.
All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved. Result can vary by individuals!
- INJURY OF THE COACH/INSTRUCTOR
If Injury of the coach/fitness instructor occurs there may be repeated, pre-recorded live stream classes played for you to carry on with the training. Refund won’t be received for this reason.
- 13. Data Protection Policy
- We request that all personal information that you provide is accurate, current and complete.
- Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.
- All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy.
- Intellectual Property
- By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content. You agree these video or picture content of you can be used for further marketing purposes and Mindly Body does not need further confirmation from you!
- The format and content of the Website is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
- This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.
- International Use
- You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
- These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
- We may make changes to the format of the Website at any time without notice.
- We require that our clients be over the age of 18 or have express written permission of their parents before we can begin a coaching arrangement. Please do not purchase our products if you are under 18 without first getting written permission from your parent or guardian.
- If you are under 18 and take part in the exercise program without parental or guardian’s permission, Mindly Body can’t be held responsible for your safety.