Platform Terms and Conditions of Use
The Female Online Coach Programme (“FOCP”)
Our Platform is available for You to use subject to these Terms and Conditions of Use and You agree that these Terms and Conditions of Use constitute a legally binding agreement between Us and You for the content Platform. If You do not wish to be bound by them then You should leave the site immediately.
We reserve the right to amend these terms and conditions at any time and We will post such revisions on Our Platform.
Special terms and conditions will apply to products and services that are part of Our subscription services.
Using this Platform – Members
a) Our Platform enables Our Members to access Our online services covering fitness classes and nutritional guidance. You can become a Member by joining via the Platform.
b) Eligibility to become a member – general:
To become a member of The Female Online Coach Programme You will need to:
● Be over the 18 years of age;
● Subscribe to one of the programmes;
● Provide accurate and current information about Yourself.
c) Eligibility to become a member – fitness programme:
Your Health: Please note that whilst Our classes are delivered by an experienced and qualified fitness Coach we cannot assess physical fitness to participate in these classes as we do not have enough background health information. To assist You the following are some questions regarding Your health to which we do not need the answers but if You would answer “yes” to any of these questions then You MUST seek advice from Your doctor before subscribing to these classes.
Are You currently seeing Your GP for any medical reason?
Have You ever been seen by a doctor for heart conditions/problems?
Do You ever complain of chest/heart pains?
Do You ever feel faint or have spells of dizziness?
Do You suffer from asthma?
Has Your GP ever said that Your blood pressure was too high or too low?
Do You have any bone or joint problems such as arthritis that has been aggravated or made worse with exercise?
Do You currently take regular medications?
Do You currently have any open cuts or wounds?
Have You had any recent accidents or serious injuries?
Have You had any recent bone fractures?
Has Your GP told You NOT to exercise?
Do You suffer from diabetes?
Do You ever suffer from numbness or pins & needles?
Have You had any replacement joints such as kneecaps or hips?
Have You had any recent bone fractures?
d) Eligibility to become a member – nutrition:
IMPORTANT – You the Customer must check carefully the ingredients contained within any and all ingredients/products that we discuss on Our Platform. We shall not be held responsible for any harm suffered as a result of any allergy, intolerance or special dietary requirement held by You, or any other party that You allow to use information contained on Our Platform where, upon reasonable inquiry having been made, it would have been obvious that such a risk would, or would be likely, to exist. If in doubt, please consult Your doctor. In particular please note:
o Animal free vs “free from”. Allergen-free and vegan/vegetarian separate claims. Each communicates different information and are aimed at different consumer groups. Vegan and vegetarian relate in varying degrees to the exploitation of animals and their use in any foodstuffs. This however is different from allergen-free and some foods that are labelled as vegan or vegetarian may contain allergens that could be harmful or even fatal to people who are allergic to them. It is important that You understand any allergic issues that You have and what foodstuffs You need to avoid in order to stay safe.
o Vegan/vegetarian – there is currently no legal definition of these terms and there are differing views in society about this. The recipes that we provide will be guided as far as possible by the criteria for gaining the Vegetarian Society approved trademarks for vegan and vegetarian products https://vegsoc.org/vegetarian-and-vegan-trademarks/ .
o “Gluten free” – this is legally defined by EU law which is enshrined in UK law. “Gluten free” means that the foodstuff contains 20 parts per million (ppm) or less of gluten. Achieving this requires intensive precautions during the processing of the ingredients and then during any cooking or food preparation including environmental control to avoid cross-contamination. As We are not in control of these processes, We cannot take any responsibility for them. We will therefore only indicate how You can reduce the amount of Gluten in Our recipes. It is therefore important that You understand the nature and seriousness of any gluten intolerance and take appropriate medical advice.
Anti-discrimination – all forms of discrimination are unacceptable. We need to ensure that Our members are safe and do not harm themselves by using Our services and we therefore need to make the above checks. However, it is not Our intention that this should be discriminatory in any way or cause detriment to anyone who suffers from a disability. If this is the case, then please contact us so that we can review Your eligibility in a more flexible way.
If You have any questions, please do contact us at firstname.lastname@example.org
e) Member’s account, password and security –
i. Account registration – Full use of Our Platform as a Member requires users to open an account and complete the registration process by providing certain information about themselves including details after which You must register a username and password. A Member’s full use of the Platform only becomes valid once We have approved registration and We reserve the right to lawfully refuse registration which is exercised using Our sole discretion. Either party to this agreement is free to cancel the Membership at any time.
ii. Cancellation within 14 days of signing up – Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under these regulations, if You are a consumer (i.e. not acting as a business) You have the right to cancel within 14 days of FOCP accepting Your application. In order to do so cancellation must be made in writing or by fax or by email to FOCP. If You request an immediate start to Your membership service, then You may forfeit some or all of these rights to cancel and You may be liable for all or some of the costs of the services provided prior to cancellation. If You do not request an immediate start to the service, then We will not activate Your account for 14 days after acceptance of Your application.
iii. Cancellation after 14 days of signing up – You can cancel Your membership at any time by emailing us at email@example.com .
iv. Members are solely responsible for maintaining the confidentiality of their username and password and for all use and activities under their account. We will not be liable for any indirect or consequential loss or damage whatsoever resulting from a Member’s disclosure of their username and/or password.
v. Members are liable for the accuracy of the information You submit in their application and are also responsible for making sure that their account information is correct and always up-to-date and must immediately let Us know about any information changes (for example a change of email address) by logging into their account and making the changes on the dashboard or submitting a request at firstname.lastname@example.org . We may ask You to update Your information from time to time and not doing so upon request will result in the suspension of Your Membership. We may also change registration requirements from time to time and reserve the right to ask Members to change their usernames and/or password at any time to protect that account.
vi. Members who forget or lose their password or account details must follow the “Forgotten Password” process.
vii. Members must not in any way transfer their registration/account or obligations given to them and We advise Members not to allow anyone else to use their account without the Member’s express knowledge and permission. Members also specifically confirm that You will:
• Notify us immediately of any unauthorised use, including any unauthorised use of their registration/account with the Platform or any other known or suspected breach of security and
• Use their reasonable efforts to immediately stop any such misuse.
viii. Members who wish to cancel their account should contact us using email@example.com
f) Payment – As soon as a Member is approved their membership fee becomes due immediately.
g) Members must not share, provide, display or otherwise make content available to other people or organisations, including, for example, providing them on social networks or online forums. This includes any content which is sent to Members via emails or other communications.
h) Limitation of Liability (Members) – for the avoidance of any doubt, if the law allows We will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of data, profits, reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to the Platform or its use. In the unlikely event any Member has any right, claim or action against us, then, in so far as the law allows, the Member’s claim will be limited to the sum of £100.
i) Without limiting any other remedies available to us, we may terminate, suspend or limit any use/registration/account at Our absolute discretion, either with or without notice, particularly, where we suspect that You have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any of the Terms and Conditions or security. If we do not act upon any breach immediately, You should not assume we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
j) Each Member agrees to indemnify and hold The Female Online Coach Programme and its employees and agents harmless from and against all liabilities, damages, losses, costs and other expenses, including any legal fees, known and unknown, arising from or in any way connected with a breach of these Terms and Conditions by or connected with that of the Member or their use of the Platform.
Use of this Platform – all users
1) Parental supervision
Parents should supervise any children whom You allow to access Our Platform and accept responsibility for the child’s use. We specifically advise Users against revealing any child’s personally identifiable information.
3) Viruses and Web security
Whilst We take every precaution available to Us, We cannot guarantee that the site will be free from bugs or viruses. You are responsible for ensuring that the systems and hardware used to access Our site are fully protected.
4) Site availability
Full use of Our Platform and its contents will only be for registered Users (Members) who are signed in and do not disable cookies. If You are not registered as a Member or have disabled cookies, then You may be able to view some of the Platform but may not be able to fully participate.
We make every effort to make this site available all day, every day. We will from time to time update Our site and in order to do this We may need to suspend access to the site with or without warning. We make no warranty as to the ongoing availability of the site and You agree that in the event that We remove the site either temporarily or permanently that We will not be liable for any losses whatsoever incurred by You to the maximum extent permitted by applicable law.
5) Your licence to Use the Platform and its non-subscription content
You may view, download for caching purposes only and print pages from Our Platform subject to the following restrictions.
You must not:
a) Sell, rent or otherwise sub-license material from Our Platform;
b) Republish material from Our Platform anywhere including on another Platform;
c) Show any material from Our Platform in public;
d) Reproduce, duplicate, copy or otherwise exploit material on Our Platform for commercial purpose;
e) Edit or otherwise modify any material on Our Platform;
f) Redistribute material from Our Platform.
6) User content
Where You have submitted content including but not limited to text, images, audio material, video material to be published on Our Platform You:
a) Grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish and distribute Your content in any language and in any jurisdiction;
b) Warrant that the content does not infringe any 3rd party’s legal rights and that You will indemnify us against any legal action that may be taken against Us by any 3rd party;
c) Warrant that Your submitted content is not nor has ever been the subject of any threatened or actual legal proceedings or any similar complaint.
Note that We do not monitor the submission or publication of all User submitted content but We reserve the right to remove without notice any material submitted and published on Our Platform.
7) Unacceptable Use
Unacceptable use of Our Platform will result in Your right to access and Use it being immediately withdrawn. Unacceptable use includes but is not restricted to the following actions in contravention of The Computer Misuse Act 1990 and other current applicable laws:
a) You must not knowingly introduce viruses, trojans, worms, logic bombs or any other material that is maliciously harmful to the site or other users of the site;
b) You must not attempt to gain unauthorised access to Our servers, the server on which the site is stored or any other server or machine on which data connected with Our site is stored;
c) You must not attack Our site via either a denial of service attack or a distributed denial of service attack;
d) You must not use Our site in any way that causes or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way;
e) You must not use Our site for any unlawful purpose including but not limited to:
i. Any fraudulent purpose in connection with a criminal offence or otherwise in committing any unlawful activity;
ii. Sending, using or re-using any material that contains material that under the laws of England & Wales is deemed to be obscene (including material in breach of the Obscene Publications Act 1959, the Protection of Children Act 1978, the Sexual Offences Act 2003), blasphemous, offensive to religion or defamatory towards any person living or dead and does not contain material that has been obtained in violation of the Data Protection Act 1998, the Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communication Regulations 2003, the Official Secrets Act or any analogous domestic or foreign legislation or any material that will infringe any intellectual property rights, constitute a contempt of court or invasion of privacy;
iii. Sending, using or re-using any material that contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code that is designed and intended to cause harm or adversely affect the operation of any computer hardware or software;
iv. Attempting to use Our site for political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
v. Impersonating any third party or otherwise misleading as to the origin of material;
vi. Removing, obscuring or altering any copyright, trademark or other proprietary rights indications;
vii. Deleting falsifying any author attributions, legal notices or any other indications or the origin or ownership of any material on Our site;
8) Accounts and Passwords
It is a condition of this agreement that if You have registered as a Member to use all or parts of Our Platform then You must keep Your user identification and password confidential and only for Your use. Failure to comply with this term may lead, at Our sole discretion, to Your access being disabled on either a temporary or permanent basis.
9) Intellectual Property Rights
a) Subject to the express provisions of these terms and conditions:
i. We, together with Our licensors, own and control all the copyright and other intellectual property rights in relation to the content, layout, design, data, databases and graphics as provided under UK and other international intellectual property laws;
ii. All the intellectual property rights (including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software) in Our Platform and the material on Our Platform are reserved;
b) Subject to the provisions of section 9 You are granted a revocable, non-transferable licence to use material on Our Platform for personal, non-commercial Use. You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from either Us or Our licensors;
c) You may not create any derivative work or make any changes to the content without Our prior written consent;
d) You must not separate content and use the parts independently and out of the context in which they appear on Our site;
e) You must maintain all trademarks, copyright notices and bibliographical citations as they appear in the content.
10) Links to and from 3rd party Platforms
a. Links to 3rd party sites – You will find links on Our Platform that will take You to 3rd party Platforms. These are provided for Your convenience and do not imply that We endorse or approve the content or operators of those Platforms. We are not responsible for the operation or content of any Platform other than Our own and if You visit any 3rd party Platform via one of these links then You do so at Your own risk.
b. Links from 3rd party sites – any 3rd party wishing to link to Our Platform is entitled to do so subject to the following conditions:
i. You do not misrepresent Your relationship with Our site or Our business;
ii. You do not imply that We endorse Your products, services or business operation unless We have agreed this with You in writing;
iii. Your Platform complies with the provisions given in section 7 above regarding unacceptable use and content;
iv. You will indemnify Us against any and all damage suffered by Our Platform as a result on the linking.
11) Limitation and exclusion of warranties and liability
All material contained within or displayed on Our Platform is provided without any guarantees, conditions or warranties as to its accuracy or completeness or that it is up to date. To the extent permitted by applicable law We, and any associates or 3rd parties connected with Us expressly exclude:
a. All representations, warranties and conditions relating to this Platform and the use of this Platform including without limitation any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill;
b. Any liability for any direct, indirect or consequential loss or damage incurred by You in connection with use of the site or the material contained within it. This includes, but is not limited to, liability for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Wasted management or staff time;
Nothing in this or any other disclaimer will:
a. Limit or exclude Our or Your liability for death or personal injury resulting from negligence;
b. Limit or exclude Our or Your liability for fraud or fraudulent misrepresentation;
c. Limit any of Our or Your liabilities in any way that is not permitted under applicable law;
d. Exclude any of Our or Your liabilities that may not be excluded under applicable law.
Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from these terms and conditions or in relation to the subject matter of the terms and conditions including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
12) Force Majeure –
We shall not be liable for delay in performing or for failure to perform Our obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Our reasonable control.
We may alter, amend or update these Terms and Conditions of Use at any time and such revised terms will apply from the date and time of publication. You are responsible for ensuring that You are aware of the latest Terms and Conditions of Use and should therefore check this page regularly as You are legally binding upon You. Some of the provisions within these terms and conditions may also be superseded by notices published elsewhere on this site.
If any provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in force. If any part of any provision of these Terms and Conditions of Use is determined to be unlawful or unenforceable then that part will be deemed to be deleted and the rest of the provision will remain in effect.
15) Entire Agreement
These Terms and Conditions of Use constitute Your entire agreement with Us regarding Your Use of Our Platform and You supersede all and any previous agreements regarding Your Use of Our site.
16) Applicable law and jurisdiction
These Terms and Conditions of Use will be governed by and construed in accordance with the laws of England and Wales and any disputes relating to these Terms and Conditions of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
17) Content concerns
If You have any concerns about any of the content on Our site then please contact Us on firstname.lastname@example.org with details of those concerns and contact details where We can respond.