1 Our Terms
1.1 We offer nutrition, health, physical fitness and lifestyle advice and support (‘Our Services’) via this website, our Facebook Pages (including our closed private group), the SD Fitness and Health pages on other social media platforms that we run, from time to time (collectively referred to as ‘Our Sites’). These Terms set out your permitted use of Our Sites and your subscription to Our Services.
1.2 You should read these Terms carefully before signing up to Our Services.
1.3 By subscribing to Our Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should not subscribe to Our Services and you stop using Our Sites immediately.
1.5 If you have any questions, please contact us:
1.5.1 via our Facebook page: “SD Fitness and Health”
1.5.2 by email “firstname.lastname@example.org”
2 Our Services
2.1 Our Services include but are not limited to:
2.1.1 nutritional advice, tips and guidance personalised to your goals;
2.1.2 Educational videos to support nutritional advice and exercise;
2.1.3 Tailored exercise program, with online routines to follow; and
2.1.4 Online support, including live Q&A sessions, coaching support, interacting with other users in our closed social media groups and access to and use of the SD Fitness and Health pages.
2.2 Our Services are intended for your personal and non-commercial use only.
2.3 Our Services and the content on Our Sites are intended to assist you in your personal efforts towards understanding nutrition, health and physical fitness better. We are not medically trained and if you have any type of medical or health condition or if you are pregnant, you should seek your own professional medical advice prior to subscribing to Our Services. Nothing within Our Services and/or content on Our Sites should be construed as medical advice.
2.4 An internet connection is required to use the majority of Our Services as we provide this via Our Sites, which are online based.
3 Your Subscription to Our Services
3.1 You must be at least 18 years old to subscribe to Our Services.
3.2 When you place your subscription we will acknowledge it by email.
3.3 This means that your subscription has been accepted.
3.4 We may contact you to say that we do not accept your subscription. This is typically for the following reasons:
(a) we cannot authorise your payment;
(b) you are not allowed to buy the subscription from us (i.e. you are under 18 years old);
(c) we suspect that you intend to use Our Services for your own commercial gain; or
(d) there is some other conflict of interest (i.e. you are affiliated with other nutrition, health, physical fitness and lifestyle providers).
3.5 You have a right to cancel your subscription anytime and you do not have to provide a reason – to do so simply cancel your direct debit via your bank.
3.6 If you’re declined from Our Services we will refund you using the same means of payment as you used for the initial transaction. You will not incur any fees as result of the refund.
3.7 We reserve the right to cancel your subscription at any time, should we suspect that you intend to, or are using Our Services for your own commercial gain or these is some other conflict of interest. No refunds will be given in these situations.
3.8 If you cancel your membership the membership will continue till the last day of the month cancelled, no further payment will be taken from the cancellation point. If a refund is asked for it must be asked for within a 7 day period of cancellation.
4.1 We use a third party payment services such as, Paypal, to take payment.
4.2 The following credit cards and debit cards are accepted: Switch/Maestro,Visa, Visa Electron and MasterCard.
4.3 The price of the sign up fee (where applicable) and subscription:
4.3.1 is in pounds sterling (£)(GBP);
4.3.2 includes VAT at the applicable rate; and
4.3.3 all prices are shown here: https://sdfitness.co.uk
5 Using Our Sites
5.1 Our Sites are intended for your personal and non-commercial use only.
5.2 You agree that you are solely responsible for:
5.2.1 all costs and expenses you may incur in relation to your use of Our Sites; and
5.2.2 keeping your password and other account details confidential.
5.3 Our Site follow the guidelines of UK law. If you choose to access Our Sites from locations outside of the UK, you are responsible for compliance with local laws where they are applicable.
5.4 We seek to make Our Sites as accessible as possible. If you have any difficulties using Our Sites, please contact us on the details above.
5.5 While we try to make sure that Our Sites are available for your use, we do not promise that Our Sites are available at all times nor do we promise the uninterrupted use by you of Our Sites.
5.6 We may prevent or suspend your access to Our Sites if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
5.7 Our Sites contain information, text, images, sounds, photos, videos, ideas, recipes and other material (collectively referred to as ‘Content’) that belongs to us and/or our licensors. Such Content may contain intellectual property rights. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We (and our licensors) reserve all of our (and their) rights in any intellectual property in connection with these Terms. This means, for example, that we (and they) remain owners of them and free to use them as we (and they) see fit.
5.8 Nothing in these Terms grants you any legal rights in Our Sites other than as necessary to enable you to access Our Sites. You agree not to adjust to try to circumvent or delete any notices contained on Our Sites (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within Our Sites.
5.9 We have the right to protect our Content and Our Sites. We reserve the right to take legal action against real or suspected infringers of our Content, including but not limited to our Intellectual Property Rights.
5.10 While we try to make sure that Our Sites are secure, Our Sites do consist of pages and private groups set up on Social Media platforms and we cannot guarantee the security of these platforms. We cannot guarantee that any information that you supply will be kept confidential. For that reason, you should not provide us with anything via Our Sites that you regard as confidential, commercially sensitive or valuable.
5.11 While we try to make sure that the Content on Our Sites and Our Sites are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that Our Sites will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
5.12 We may suspend or terminate operation of Our Sites at any time as we see fit.
6 Social Media Program (Optional)
6.1 We understand and encourage the sharing of your experiences and progression in connection with Our Services on social media whether it’s for your personal accountability or monetisation.
6.2 Where you wish to promote our Services through your own Social Media and become a social media affiliate and represent our brand (‘Social Media Program’) you will be required to follow certain standards that we set (as set out below), in order to protect our brand.
6.3 We can also offer you as a Social Medial, support, guidance and audience reach in growing your Social Media following through bespoke tutorials.
6.4 A Social Media shall not, nor should their Social Media:
(a) promote or contain reference to competing services or providers i.e. services that are the same as or similar to Our Services;
(b) promote or contain reference to any third party sites, that are not pre-authorised by us;
(c) promote or contain violence, bad language or sexually explicit material;
(d) promote or contain any political or religious material;
(e) promote anything dangerous or illegal i.e. drugs;
(f) body shame;
(g) copy, share or disclose private Content from Our Sites;
(h) display, reference, “tag” or otherwise identify anyone under the age of 18 (including own family members), this includes featuring in videos and photos;
(i) do anything that we consider brings our brand into disrepute;
(j) run competitions without prior consent from us;
(k) promote charities without prior consent from us;
(l) promote or sell products that are not SD Fitness and Health products available on our shop page;
(m) any screenshots you wish to copy and share must have any names of individuals, brands, or companies removed or concealed and you should have the permission of that person, brand or company before sharing;
(n) use any other social media platforms other than Instagram or Facebook unless without prior consent from us;
(o) directly message or contact via private inbox anyone who contacts you via your social media account. An auto reply which redirects to SD Fitness and Health Facebook or Instagram account must be used;
(p) You should not share admin access to your social media accounts, other than with us;
(q) create a private group on any social media platform;
(r) provide our specific nutritional or exercise guidance to a third party;
(s) use any other affiliate codes.
6.5 If you fail to meet any of the standards set out in clause 6.4 then you will do the following immediately:
(a) remove or amend any post (including but not limited to text, videos and photos) where we consider this to be detrimental to our brand;
(b) issue a written apology, notification or correction, where any post has caused embarrassment and you have not immediately removed or amended the post.
6.6 Upon joining our Social Media Program you agree to allow SD Fitness and Health to have admin access to your social media page(s)if required by adding us as an admin on your page. We will use our admin access rights only in accordance with clause 6.7 below.
6.7 Where you fail to meet your obligations as set out in clause 6.4 and 6.5 above, we will have the right at our discretion to:
(a) immediately remove posts that violate the standards set out in clause 6.4
(b) deactivate page(s) either temporarily or permanently depending on the circumstances of the violation;
(c) cancel your subscription to Our Services, no refund will be given;
(d) remove you from our closed groups on Our Sites; and
(e) initiate legal proceedings if you are or have infringed our intellectual Property as set out in clause 5.7.
6.8 If you decided to leave the program you will give us 12 months written notice of your intention to leave.
7 Your privacy and personal information
8 Limitation on our liability
8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
8.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part
8.1.2 business losses;
8.1.3 losses to non-consumers; and
8.1.4 anything that you post- you remain fully responsible.
9 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated [22/11/2018]. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with us please contact us as soon as possible.
12.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
12.4 Relevant United Kingdom law will apply to these Terms.