Terms and Conditions

Fat Loss For Life

www.jonnymudd.com

By agreeing to our terms and conditions you also accept our

1. Introduction

1.1 What these terms cover. These are the terms and conditions on which we supply our content to you, and which describe the relationship between us if you subscribe to our website. In these terms, “subscribing” means applying to join a mailing list, joining our website as a member and/or signing up for one of our plans.

1.2 Why you should read them. Please read these terms carefully before you subscribe. These terms tell you who we are, how we will provide content to you, how you are responsible for using our content, how you and we may change or end the contract, what to do if there is a problem and other important information including the limitation of our liability to you.

2. Information about us and how to contact us

2.1 Who we are. “We” or “us” means Fat Loss For Life Limited, a personal training company based in England.

2.2 How to contact us. You can contact us by email, at support@jonnymudd.com

2.3 How we may contact you. If we have to contact you we may do so using any telephone number, email or other electronic or physical address that you provide to us.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes email or any other electronic text service.

3. Our contract with you

3.1 We only sell to the UK. Our website is intended solely for the promotion and supply of our content, to adult users in the UK. When you subscribe you are telling us that you are based in the UK, that you are over 18 years old and that (subject to clause 10.8) you accept that our contract (and any other rights and responsibilities arising between us) will be subject to the laws of England and Wales and the sole and exclusive jurisdiction of the English courts.

3.2 How we will accept your subscription. Our acceptance of your subscription will take place when our website platform accepts your subscription and enters your details in the relevant database. At that point a contract will come into existence between you and us, the terms of which will depend on the subscription that you have made and/or the plan that you have selected.

3.3 If we cannot accept your subscription. If we are unable to accept your requested subscription for any reason, we will inform you as soon as we become aware of it and will not charge you for any content after that time.

3.4 Cancellation by us. We will be entitled to terminate your continued subscriptions at any time. We may give notice terminating with effect from the end of your current payment period, or we may cancel with immediate effect. In this latter case we will refund a proportionate amount of your last payment. You will have no other rights or claims against us in the event of any such termination.

4. Our content

4.1 Medical advice. We are not medically qualified. Our content (which consists of learning materials and a range of exercises and workouts) is based on what we have learned from more than 10 years experience in personal training, helping clients to manage their weight and their lifestyle choices. We hope it helps you to do the same. However, there are a wide range of opinions and many different studies about weight loss, nutrition and exercise; and, of course, every individual’s circumstances are different. Therefore, we do not warrant that our content is accurate, complete or suited to your personal circumstances. You should carefully consider whether it is appropriate for you to act on any of our content and if you are unsure whether any course of action (including any exercise or workout) is suitable for you, you should obtain medical advice and/or advice from a trainer or dietician who knows you personally.

4.2 Changes to content. We may change the website or amend, update or delete any of our content at any time (including any content that you may have hoped to access in the future, whether as a favourite, or otherwise) without being obliged to make any refund and without any other liability to you.

4.3 Your data. The web site gives you the ability to store certain information about your measurements, exercise and progress. We aim to maintain that information for you for so long as you are a subscriber to one of our paid plans. However, we will have no liability to you if for any reason that data becomes unavailable; whether because of the failure of the platform we use to host the website, or for any other reason of any kind. We therefore recommend that you keep a copy of any data that is particularly important to you.

4.4 Your right to cancel. If you do not feel that the content of our website is providing good value to you, if you are unhappy with any changes that we make or if any information or data is not maintained or provided to you as you would wish, or you have any other concern or complaint you will be entitled to cancel any of your subscriptions at any time. If you have a paid plan, cancellation will take effect at the end of your current payment period. We will not be obliged to refund any amounts already paid, but you will have no liability to make any further payments. You will have no other rights or claims against us whatsoever.

4.5 Reasons we may suspend the website. We may have to suspend the website or the supply of content to you:

(a) to deal with technical problems;

(b) to deal with any regulatory or legal issues;

(d) for other reasons that we have not foreseen.

4.6 Your rights if we suspend the website or any content. If you are unhappy with any suspension of the website or interruption to your ability to view content your rights are as set out in clause 4.4

4.7 We may also suspend supply of content if you do not pay. If you do not pay us for any period on the due date we will be entitled to suspend the supply of content until you have paid us the outstanding amounts. This suspension will not amount to a waiver of our right to claim the unpaid sum from you.

4.8 Security, viruses, malware etc. It is your responsibility to ensure that

(a) your personal user name, password and any other credentials are kept confidential; and

(b) any device you use to view our content is adequately protected from the risk of viruses or malware of any kind.

You will be responsible for, and indemnify us in respect of any activity on our website that is carried out in your name or on your account by any third party.

5. Your rights to end the contract

5.1 You can always end your contract with us. You can cancel any of your subscriptions at any time using the cancellation facilities in the members’ area of the website. If you have a paid plan, cancellation will take effect at the end of your current monthly payment period. We will not be obliged to refund any amounts already paid, but you will have no liability to make any further payments. You will have no other rights or claims against us whatsoever.

5.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

5.3 How long do I have to change my mind? Our content is streamed or made available for you to view on demand and you have until 14 days after the start of our contract or, if earlier, until you start viewing or streaming, to decide whether to cancel. You acknowledge that once you have started to view or stream our content, you will no longer be able to change your mind; but you will still be able to cancel your contract as described in clause 5.1.

5.4 How to end the contract with us (including if you have changed your mind). To end the contract with us, please let us know by using the cancellation facilities in the members’ area of the website.

5.5 How we will refund you. If you are entitled to a refund (only if you change your mind before viewing or streaming our content), we will use the method you used for payment.

5.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

5.7 What happens to your data. If a subscription is cancelled or if it expires or if you fail to make a payment when due we may delete your personal data from our systems, including any data about your progress so please make a note of any information that you want to preserve before your plan expires and before suspending payments or cancelling your subscription.

6. If there is a problem with our content

6.1 How to tell us about problems. If you have any questions or complaints about our content, please contact us. You can contact us at support@jonnymudd.com.

6.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to our content. Nothing in these terms will affect your statutory rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

We supply digital content, and the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

Please see clause 4 which describes the nature of our content, the purpose for which it it supplied, the limitations on our responsibility for it and your own responsibilities before you act on it.

7. Price and payment

7.1 Where to find the price for the product. The price of our paid plans (which includes any VAT) will be the price indicated on the relevant pages of the website.

7.2 When you must pay and how you must pay. We accept payment by credit or debit card as shown on the payment pages of our site you must pay for our content monthly in advance before you stream or view it. When you sign up for a paid plan, monthly payments will be taken until you cancel. If you cancel your payments without cancelling your subscription, you will continue to be liable to us for the amounts due, so if you want to end your liability please be sure to cancel your subscription as mentioned in clause 4.4

8. Our responsibility for loss or damage suffered by you

8.1 The limit of our responsibility to you. Please see clause 4, which describes our content, and the full extent of our responsibility for it. Without limiting that clause, we re-state here that you should carefully consider whether it is appropriate for you to act on any of our content and you should obtain advice if you are unsure whether any course of action (including any exercise or workout) is suitable for you. IF YOU DO ACT ON OUR CONTENT, INCLUDING BY CHANGING YOUR DIET OR HABITS OR BY PERFORMING ANY EXERCISE OR WORKOUT, YOU ACCEPT THAT IT WILL BE YOUR RESPONSIBILITY TO TAKE ANY MEDICAL AND OTHER ADVICE THAT IS APPROPRIATE TO YOUR OWN PERSONAL CIRCUMSTANCES AND TO ENSURE THAT YOU DO NOT COME TO ANY HARM AS A CONSEQUENCE – and accordingly you release and agree to indemnify us (which for these purposes includes any of our directors, employees, sub-contractors, agents and any other third party who has assisted in providing our services or our content) from and in respect of any liability arising from your use of our website or our content, to the full extent permitted by law. Without limiting any other term, and while we do not anticipate having any liability to you, we would only be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. In no circumstances will we be responsible for any loss or damage that is not foreseeable.

8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your statutory legal rights in relation to our services, to the extent that those are not capable of being excluded or limited by contract.

9. How we may use your personal information

9.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy and our cookie policy.

10. Other important terms

10.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms, together with any data stored on or generated by our site and our systems, to another person, company or organisation.

10.2 You cannot transfer your rights to someone else. Our content is supplied for your personal, non-commercial use and you cannot assign your rights or share, sub-license, sell or broadcast any of our content in any way without our express written permission.

10.3 Intellectual property. We grant you a personal, non-exclusive, non-assignable license to view our content (for so long as it is available on our website) for non-commercial purposes. We retain all intellectual property rights in our content (including copyright, trademarks and patents) and you can not copy, publish, transmit, distribute, perform or create derivative works from it without our express written permission.

10.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.5 External resources. If our content includes references or links to third party works or content or external resources of any kind, you agree that we shall have no responsibility for them.

10.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the content, we can still require you to make the payment at a later date.

10.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. If you live in Scotland you can bring legal proceedings in respect of our services either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of our services in either the Northern Irish or the English courts.

10.9 Changes to these terms. We reserve the right to amend or modify these terms at any time, so please check here frequently to view the latest version. Any amendments or modifications shall only apply following their publication here and will not affect your prior rights. If you do not like any new terms you may cancel your contract as mentioned in clause 5.1. Your continued use of our website will constitute acceptance of any new or revised terms.

10.10 Interpretation. In these terms, using the “including” shall mean “including without limitation” so please consider the whole clause.

Terms and Conditions 1.3