DR JOANNA HELCKÉ TERMS AND CONDITIONS

Please note in particular condition 14 (Our Liability and Disclaimer)

This page (together with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (the "Terms") on which we provide the pregnancy and postnatal fitness programme (our "Programme") as detailed on our website ("our website") to you.

These Terms will apply to any contract between us for the sale of the Programme to you (the "Contract"). Conditions 3 and 13 to 17 (inclusive), however, apply to subscribers to the Programme as well as all other users of, and visitors to, our website.

Please read these Terms carefully and make sure that you understand them, before placing an order to subscribe to the Programme. Please note that before placing an order you will be asked to agree to these Terms.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to subscribe to our Programme.

We amend these Terms from time to time as set out in condition 7. Every time you wish to subscribe to the Programme, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30 July 2013.

These Terms, and any Contract between us, are only in the English language.

INFORMATION ABOUT US
1. Zest4lifeUK Limited trading as Dr Joanna Helcké, a company registered in England and Wales under company number 07935626, operate the website www.joannahelcke.com. Our registered office and main trading address is at 5 Burnaston Way, Loughborough, Leicestershire LE11 2HZ.
2. To contact us, please see our Contact Us page.
3. We are a Member of the Guild of Pregnancy and Post-Natal Exercise Instructors.
OUR PROGRAMME
1. By subscribing to the Programme, you will receive the following:
  1. access to a weekly filmed workout specifically designed for your week of pregnancy or post-natal (as the case may be);
  2. access to documents, material, articles and guidance; and
  3. full access to the online forum.
2. We offer a free no-obligation 14-day subscription trial to the Programme so you can sample what our Programme has to offer. Previous subscribers or triallists of our Programme do not qualify for the free trial. The free trial is available only once to any one person. Subsequent free trials by the same person are not permitted. You must have internet access and valid payment details to redeem our free trial.
3. Your free trial period will commence on the date registration is completed and your account is successfully created. You will be billed at the end of your free trial, and thereafter at monthly intervals, unless you cancel prior to the end of your free trial.
4. Whether or not you subscribe to our Programme, you can sign up to our free weekly newsletters from the Home page. Please note that by subscribing to our Programme, you consent to our informing you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
5. To subscribe to our programme, you must:
  1. be at least 18 years old;
  2. provide us with your personal details (including your name, e-mail address, and valid payment details), that are true and current, and you must update us if at any time your personal details change by updating the relevant sections from our 'Edit My Details' link on our website; and
  3. complete and submit an online medical form. Please note that you will not be able to access either our free trial, or subscribe to the Programme, without having first completed and issued the online medical form. You will be required to complete a further medical form following the birth of your baby.
6. We may refuse any application to subscribe for a free trial of the Programme, to join our mailing list, access our forum, or to become a subscriber to the Programme at our absolute discretion.
USE OF OUR WEBSITE
1. Please note that this condition 3 applies to you as well as all other users of, and visitors to, our website.
2. Your use of our website means that you accept, and agree to abide by, all the policies set out in this condition 3.
3. Prohibited Uses
  1. You may use our website only for lawful purposes. You may not use our website:
    1. in any way that breaches any applicable local, national or international law or regulation;
    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    3. for the purpose of harming or attempting to harm minors in any way;
    4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
    5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
    6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  2. You also agree:
    1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms of Website Use;
    2. not to share, give or sell your password, or otherwise grant access to your account to any other natural person, corporate or unincorporated body (whether or not having separate legal personality) or that person's personal representatives or successors;
    3. not to access without authority, interfere with, damage or disrupt:
      1. any part of our website;
      2. any equipment or network on which our website is stored;
      3. any software used in the provision of our website; or
      4. any equipment or network or software owned or used by any third party.
4. Interactive Services
  1. We may from time to time provide interactive services on our website, including, without limitation:(the "Interactive Services").
    1. chat rooms;
    2. bulletin boards;
    3. online 'open'/'public' and 'group' forums;
    4. direct messaging facility to other subscribers
  2. Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
  3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
  4. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
  5. Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5. Content Standards
  1. These content standards apply to any and all material which you contribute to our website (the "contributions"), and to any interactive services associated with it.
  2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
  3. Contributions must:
    1. be accurate (where they state facts);
    2. be genuinely held (where they state opinions);
    3. comply with applicable law in the UK and in any country from which they are posted.
  4. Contributions must not:
    1. contain any material which is defamatory of any person;
    2. contain any material which is obscene, offensive, hateful or inflammatory;
    3. promote sexually explicit material;
    4. promote violence;
    5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    6. infringe any copyright, database right or trade mark of any other person;
    7. be likely to deceive any person;
    8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    9. promote any illegal activity;
    10. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
    11. be likely to harass, upset, embarrass, alarm or annoy any other person;
    12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    13. give the impression that they emanate from us, if this is not the case;
    14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. Suspension and Termination
  1. We will determine, in our discretion, whether there has been a breach of this condition 3 through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
  2. Failure to comply with this condition 3 constitutes a material breach of the Terms of Website Use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
    1. immediate, temporary or permanent withdrawal of your right to use our website without a refund;
    2. immediate, temporary or permanent removal of any posting or material uploaded by you to our website;
    3. issue of a warning to you;
    4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    5. further legal action against you; and
    6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  3. We exclude liability for actions taken in response to breaches of this condition 3. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
HOW WE USE YOUR PERSONAL INFORMATION
1. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this policy, as it includes important terms which apply to you.
YOUR LEGAL RIGHTS
1. As a consumer, you have legal rights in relation to the Programme if it is faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. To subscribe to our Programme, you must complete the online application form available on the Free Membership page of our website. After this initial form is completed, you will be required to enter your payment details and then complete an online medical form.
2. Our order process allows you to check and amend any errors before submitting your subscription request to us. Please take the time to read and check your subscription request at each page of the order process.
3. After you place a subscription request, you will receive an e-mail from us acknowledging that we have received your subscription request. However, please note that this does not mean that your subscription request has been accepted. Our acceptance of your subscription request will take place as described in condition 6.4.
4. We will confirm our acceptance to you by sending you an e-mail (the "Subscription Confirmation"). The Contract between us will only be formed when we send you the Subscription Confirmation.
5. If we are unable to accept your Subscription Request, for example because the Programme is no longer available or because we consider that the Programme is not suitable for you, we will inform you of this by e-mail and we will not process your subscription request. If you have already paid for the subscription to the Programme, we will refund you the full amount paid as soon as possible.
OUR RIGHT TO VARY THESE TERMS
1. We may revise these Terms from time to time in the following circumstances:
  1. changes in how we accept payment from you; and
  2. changes in relevant laws and regulatory requirements.
2. Every time you subscribe to a Programme, the Terms in force at that time will apply to the Contract between you and us.
YOUR RIGHT OF RETURN AND REFUND
1. As a consumer, you have a legal right to cancel a Contract during the period set out below in condition 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to continue subscribing to the Programme, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
2. However, this cancellation right does not apply in the case of any Programme that has been tailored to your specification or clearly personalised.
3. Your legal right to cancel a Contract starts from the date of the Subscription Confirmation, which is when the Contract between us is formed. You may cancel a subscription to a Programme within 7 (seven) working days of the day after you receive the Subscription Confirmation. You will receive a full refund of the price you paid for the Programme. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in condition 8.4.
4. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to hello@joannahelcke.com. Alternatively, you can cancel at any time by clicking on 'My circumstances have changed' or 'I'd like to cancel' hyperlinks that are embedded within the e-mail correspondence that we may send to you from time to time. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.
5. We refund you on the credit card or debit card used by you to pay.
ACCESS TO THE PROGRAMME
1. Your order will be fulfilled by the estimated date set out in the Subscription Confirmation, unless there is an Event Outside Our Control. If we are unable to meet this estimated date because of an Event Outside Our Control, we will contact you with a revised estimated date.
2. Delivery will be completed when we grant you access to the Programme.
INTERNATIONAL ACCESS TO THE PROGRAMME
1. If you wish to subscribe to the Programme from a country outside the United Kingdom, you must comply with all applicable laws and regulations of the country in which the Programme is used. We will not be liable or responsible if you break any such law.
PRICE
1. The price of the Programme will be as quoted on our website from time to time, except in cases of obvious error.
2. The price for our Programme may change from time to time, but changes will not affect any order which we have confirmed with a Subscription Confirmation.
3. The price of subscription to a Programme includes VAT (where applicable) at the applicable current rate chargeable in the United Kingdom for the time being.
HOW TO PAY
1. You can only pay for the subscription to our Programme using a debit card or credit card.
2. Payment for subscription to the Programme is in advance.
INTELLECTUAL PROPERTY RIGHTS
1. In this condition, "Intellectual Property Rights" means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
2. All Intellectual Property Rights in or arising out of or in connection with the Programme shall be owned by us.
3. You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on our obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.
OUR LIABILITY AND DISCLAIMER
You should pay particular attention to this condition 14
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
2. We only supply the Programme for domestic and private use. You agree not to use the Programme for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. We do not in any way exclude or limit our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  4. defective products under the Consumer Protection Act 1987.
4. Neither we nor any of our employees, staff or agents are responsible for any injuries or problems that may occur due to the use of our website, the Programme or the advice contained within it. The information contained on our website and within the Programme shall be utilised and applied at your own risk. You should always consult a doctor before starting any exercise program.
  
  Before you start any exercise program or change your lifestyle and/or diet, you must get your doctor's consent. Our Programme is not meant as medical advice, nor is it a substitute for medical advice.
  
  Performing exercise of all types can pose a risk to the exerciser. You should take full responsibility for your own health and safety. If you experience any pain, discomfort, dizziness or you become short of breath, stop exercising immediately and consult your doctor.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition 15.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
COMMUNICATIONS BETWEEN US
1. When we refer, in these Terms, to "in writing", this will include e-mail.
2. To cancel a Contract in accordance with your legal right to do so as set out in condition 8, you must contact us in writing by sending an e-mail to hello@joannahelcke.com or by sending a letter to The Studio, 5 Burnaston Way, Loughborough LE11 2HZ. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
3. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Zest4lifeUK Limited at The Studio, 5 Burnaston Way, Loughborough LE11 2HZ.
4. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
5. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this condition shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the subscription to our Programme through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.