Terms and conditions of services
Terms & Conditions
Your Subscription is governed by these Terms & Conditions as well as our Billing Terms.
For the purposes of these terms and conditions the following definitions apply:
(a) Herbivore Health App means the App operated by us, including the products and/or services offered or provided by Herbivore Health excluding the Herbivore Health Website;
(b) Licence means the licence granted by us to you governing your use of the Programme and the Services in accordance with these terms and conditions;
(c) Our, ourselves, us, we, refer to the Herbivore Health Limited and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
(d) Party refers to a party to these terms and conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
(e) Programme means the Herbivore Health programme offered via the Website and the Herbivore Health App;
(f) Subscription means the subscription with Herbivore Health entitling you to use of the Programme;
(g) Terms and Conditions means these terms and conditions as amended from time to time;
(h) Website means the website https://herbivorehealth.co.uk, Programme, products and/or services offered or provided by Herbivore Health excluding the Herbivore Health App;
(i) You or yours refers to you, the person accessing the Programme and agreeing to the terms and conditions of your use of the Programme and its contents;
(j) The single includes the plural and the plural includes the singular;
(k) One gender includes each other gender.
2.1 By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Programme and the services offered on the Programme (“Services”).
2.2 Full-scale reproduction of the Programme or Services is expressly prohibited.
2.3 This Licence shall continue until terminated in accordance with this Agreement.
3.1 These Terms and Conditions govern your right to use the Website and your access to and use of the Herbivore Health App, Programme and/or any products or services acquired in relation to the Programme and/or any links provided on the Website to other websites.
3.2 In downloading and/or printing any content from the Programme 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 and you agree that your use of the Programme 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 App.
3.3 You agree that if you download any content from the Programme 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 Programme 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.
3.4 You agree that in downloading any service or product from the Programme, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Programme and/or make it available over a network where it could be used by multiple devices at the same time.
3.5 You agree that your use of the Programme will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in England and Wales and when accessed in another jurisdiction the laws of that jurisdiction and English law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for England and Wales.
3.6 You agree that in using the Programme, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
3.7 You agree that you will not post comments about the Programme, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
3.8 The content on the Programme, 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.
4. Your Agreement and Subscriptions
4.1 In accessing, registering or using the Programme and/or the Services and products, information, text and images offered or provided on the Programme, you are deemed to have read and personally agreed to the Terms and Conditions.
4.2 Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
5.1 You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This Programme is not designed or recommended for anyone under 18 years old. If you are accessing and using the Programme or any of the Programme's services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you will indemnify us for any losses or damage suffered as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
5.2 Without limitation, the Programme is available only to individuals with whom legally binding contracts can be formed under English law.
5.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, or our other users into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Programme or to the contents and components of the Programme or are in any way in breach of these Terms and Conditions.
6.1 You agree to provide accurate and truthful details about yourself for the purposes of your Subscription and/or for the Programme and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
7. Third parties
7.1 We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function.
8. Renewal & Termination
8.1 If you are not satisfied with the Programme and/or Services, you can terminate your Subscription within the first 4 weeks of the 12 week programme. If you wish to terminate your subscription, please contact us at firstname.lastname@example.org.
8.2 We can terminate your Licence and/or Subscription at our sole discretion if we believe you have breached any of the Terms and Conditions of the Licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Programme and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
9.1 In purchasing any product or Service from the Website or App ("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;
(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 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 Programme 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 ("costs").
9.2. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
10. Risk and Limitation of Liability
10.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.
10.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
10.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact us via email at email@example.com within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
11.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Programme, and as we make no representations to you in respect of your use of the Programme and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Programme, nor in respect of any use of the products or services offered by the Website.
11.2 You expressly acknowledge that your use of the Website and/or App and its products and/or services is at your sole risk.
11.3 At our sole discretion, any 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.
11.4 For the avoidance of doubt, any refund will only be provided in accordance with English Consumer Law, and any refunded amount will be paid in GBP (£). Any refunded amount will be minus the applicable transaction fee.
13. Medical Disclaimer
13.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Programme or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Programme and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Programme and/or its products or services.
13.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Programme, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Programme or its products and services, is at your sole risk.
13.3 Before releasing the Programme to you, we require that you complete and return to us a PAR-Q form stating that you are fit to participate in exercise. We will email this to you after you sign up, and participation in the Programme is conditional upon you returning it to us.
14. Limitation of Liability
14.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
15. Our rights to modify services
15.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Programme, Website or App and/or the Terms and Conditions, as we see fit.
15.2 We will publish any intended changes on the Programme and/or advise you via email and you will be deemed to have accepted such changes based on your continued use of the Programme following our publication of the notice of change via email and/or on the Website.
15.3 You agree that we may transfer, assign, license or deal with our interest in the Programme, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 28 days in the manner provided by clause 15.2.
16.1 These Terms and Conditions are governed by the laws of England and Wales, and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
17.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Programme and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
17.2 You are liable for all content posted by you in relation to the Programme.
17.3 You are required to exercise due care to conform to any English laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Programme.
17.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
a. Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the Programme and your use of it.
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.