Embodyment with Ferne
These terms cover both 'one off payment', 'subscriptions' and 'instalment packages'
Last updated 17.09.2020
1. Our website Use of this website provided by Vici Digital, (“Us”) by your business, officers and employees, (“You” )and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Use 2.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.
3. Account Integrity
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.
3.2 You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
3.3 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
4. Product & Service Pricing
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to alter all product and service pricing without notice.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase a product or service.
5.2 Your offer is only accepted by us once we have emailed you to confirm the creation of your account and your username & password details and the product or service has been provided to you.
5.3 Product or service items not included within your account email are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Subscription Period & Free Trials
6.1 After satisfactory payment of the subscription fees and confirmation of active account you will have access to the website content, and the products and services provided by the website for your access period.
6.2 If you choose a monthly subscription payment to any of our plans, the charges will be payable by you to us monthly in advance. Your first payment shall be debited from your bank account or charged to your payment card using the account details you supplied. Each subsequent monthly charge shall be debited from your account on the same billing date as the initial payment until such time as you cancel your subscription in accordance with Section 7 below or we cancel your subscription in accordance with Section 11 below.
7. Cancellation Rights, Defects and Refunds
7.1 Where your access grants you immediate access to any downloadable, electronic or “softcopy” goods or other electronic services of immediate value you will be required to tick the box at the checkout waiving your right to a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.2 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
7.3 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
7.4 Once a refund is issued your access will be terminated. Any content or data in your account will be deleted.
7.5 Where a term of 3 months instalments are chosen cancellation is not permitted until the end of the 3 month period and we will not issue you a refund or cancel any other pending payments within this time.
7.6 Where a subscription is chosen you can cancel anytime by emailing us at email@example.com or contacting us via live chat. You must give us notice to cancel at least 3 days before your next payment is due to be collected.
7.7. Where a monthly subscription is chosen you are able to cancel your account within that time but no refund will be given of any monies already paid.
7.8 Where a quarterly subscription is chosen you are able to cancel your account within that time but no refund will be given of any monies already paid.
7.9 Where an annual subscription is chosen you are able to cancel your account within that time but no refund will be given of any monies already paid.
8. Content Submission
8.1 Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of Emodyment with Ferne.
8.2 As a user you agree not to do any of the following:
8.2.1 Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
8.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
8.2.3 Use or harvest data provided by other users in a way that they would object to.
8.2.4 Contact other users in ways they may find inappropriate.
8.2.5 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
8.2.6 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
8.2.7 To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
8.2.8 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
8.2.9 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
8.2.10 Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
8.2.11 Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
8.2.12 Make commercial posts or comment spam or attempt to disguise such spam as content.
8.2.13 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
8.2.14 Use any robot, spider, scraper or other technical means to access the website or content on the website.
8.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
8.4 The above list is not intended to be exhaustive.
9. Content Ownership
9.1 As a user you retain all ownership rights to content provided by you.
9.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website and our social media channels. This allows us to place your content on the website and to the thehappybodyplan community and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the Site to ensure that they can be readily displayed for other users.
9.3 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.
9.4 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
9.5 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.
9.6 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
9.7 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
10. Content Monitoring Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not assume responsibility for removing any content or the conduct of any users.
11. Suspensions or Termination
11.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.
11.3 On termination any content or data in your account will be deleted.
12. Access We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.
13.1 We are not responsible for the accuracy of any content on the website nor any advertisements placed on the website.
13.2 You should consult with your doctor or other health care professional before partaking in this fitness, nutrition and mindset program in order to decide if it is right for your needs; especially if you (or your family) have history of heart disease or high blood pressure, if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, have high cholesterol, smoke, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.
13.3 Do not start Embodyment with Ferne Plan if your doctor or health care professional advises against it.
13.4 If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. If you think you are having a medical or health emergency, call a healthcare professional, or 999 (UK), 911 (US) or if those do not apply the nearest emergency services number to your location, immediately.
13.5 Embodyment with Ferne offers health, fitness, mindset and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional advice, diagnosis, or treatment. If you have any concerns or questions about your health, always consult with a doctor or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or watch on this site.
13.6 The use of any information provided on this site is solely at your own risk.
13.7 No assurance can be given that the content contained in Embodyment with Ferne will always include the most recent findings or developments with respect to the particular material.
13.8 We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third-party website by us.
14. Customer Complaints We endeavour to respond to all customer complaints or queries within five working days. Please send these complaints to firstname.lastname@example.org.
16. Events outside our control Weshall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
17.1 We grant you a licence to access the content, information and services contained within our website for consumer use only.
17.2 This licence allows you to download and cache (using your browser) individual pages from our website.
17.3 This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
17.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
17.5 Our website cannot be placed within the frame-set of another website.
17.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
17.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
18.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Embodyment with Ferne and its sub-contractors, unless expressly acknowledged as otherwise or provided by a user as part of content submission.
18.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
19. Severability The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
20. Waiver Failure by usto enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. The Consumer Rights Act 2015 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
22. Your Statutory Rights Where acting as a consumer your statutory rights are unaffected.
23. Entire Terms & Conditions These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, without giving notice.
24. Jurisdiction These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Our Contact Details are as follows: Vici Digital Ltd, c/o Aspreys Accountants Ltd, 1607 Wellington Way, Weybridge, KT13 0TT
Company registration number: 11864539
Embodyment with Ferne – www.embodyment.co.uk
Last updated 05.09.2020
1. Data Protection We comply with the principles of the General Data Protection Regulation (GDPR) when dealing with all data received from customers or visitors to our website.
2. Our Services We only hold the data necessary to offer services provided on our website. We do not ask for or use more data than necessary to provide you with a proper service. This means we only process and hold data related to purchases and subsequent support related to those purchases, in accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR). Any processing of your data is only done to provide or perform the services or products you have purchased.
3. Data Protection Register Data is only used for the purposes described in our entry on the Data Protection Register.
4. Required Period We only hold personal data for as long as necessary. Once data is no longer needed we delete it.
5. Card & Payment Processing Data We use third-party payment providers to handle card and payment processing data securely; Stripe and Chargify. We never see or store any card or payment information. In accordance with Article 6(1)(b) of the General Data Protection Regulation (GDPR) any other data is only used to process your purchase securely. In accordance with Article 6(1)(c) of the General Data Protection Regulation (GDPR), we need to retain data related to all purchases to fulfil our existing legal obligations to account for tax and VAT on all transactions.
6. Backup & Data Storage For administrative reasons, customer data and email subscription data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area). This is done to backup and preserve your data where it is needed to carry on offering a service to you.
7. Customer Requests As a customer, you can at any time (and free of charge) request details of the data we hold relating to you - and you can also request any such data is amended or deleted. Please note that if you request deletion of your data, this may prevent us from offering any further support relating to your previous purchases.
8. Email Updates We regularly email website news and information updates to our customers. All subscription emails sent by us contain clear information on how to unsubscribe from our email service. Our email service is an opt-in service only; with your prior consent required in accordance with Article 6(1)(a) of the General Data Protection Regulation (GDPR). Part of our thehappybodyplan programme is to provide you emails with information about new content, homework which fits alongside your programme and futher information to compliment your access to thehappybodyplan. When subscribing to the thehappybodyplan subscription you are also subscribing to these emails as part of the service which we provide as part of the programme. You are still able to unsubscribe from these emails however your programme would be effected as you will not receive all the information we provide as part of our service.
9. Our Promise We never sell rent or exchange mailing lists.
11. Spam In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
12. Product Updates We may send emails to existing customers or prospective customers who have enquired or registered with us, regarding products or services directly provided by us.
13. Email Content All emails sent by us will be clearly marked as originating from us. All such emails will also include clear instructions on how to unsubscribe from our email service and any future emails. Such instructions will either include a link to a page to unsubscribe or a valid email address to which you should reply, with “unsubscribe” as the email subject heading.