1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply the Services to you. The Services are defined at clause 3 of these terms.
1.2 Why you should read them. Please read these terms carefully before you subscribe to the Services. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Who we are. We are It’s So Simple Limited, a company registered in England and Wales.
1.4 How to contact us. You can contact us by writing to us at email@example.com.
1.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. Our contract with you
2.1 The order process. You will first need to submit an enquiry through our website – https://itssosimple.co.uk. Further information on the Services will then be provided by us to you via WhatsApp. If you are interested in finding out more, we will then discuss with you over the phone to determine whether the Services are suitable for you. If you are interested in proceeding with the Services, you will need to pay the initial prepayment referred to in clause 7.3 below. This payment constitutes the order. Our acceptance of your order will take place when we contact you in writing you to confirm receipt of the initial payment, at which point a contract will come into existence between you and us.
3. The Services
3.1 The “Services” provided under these terms and conditions consist of providing health and wellness coaching that shall comprise the following: 2
(a) being part of a collective WhatsApp group with other subscribers of the Services. The content matter of the WhatsApp group shall at all times relate solely to the promotion of healthy living and also feature a member of our team who shall be contactable and offer advice, subject always to the provisions of these terms and conditions; and
(b) check-ins and private coaching from a member of our team at least once per week, delivered remotely via WhatsApp.
3.2 In relation to clauses 3.1(a) – 3.1(b), the provision of any advice provided by the relevant member of our team shall relate solely the promotion of healthy living. In addition, you agree that your involvement and input into these conversations shall relate solely to the promotion of healthy living.
3.3 We will use our reasonable endeavours to be contactable Monday – Friday, 9:00am – 7:00pm and Saturdays 10:00am – 4:00pm (London, UK time). During these hours, we will aim to respond to any queries from you within three hours, although time shall not be of the essence for the purposes of these terms and conditions.
3.4 You are solely liable for any content you upload, post, share or provide through WhatsApp or any other form of electronic communication relating to Services set out in clause 3.1(a) and 3.1(b). We reserve the right to remove, delete, block or rectify such content at our absolute discretion. You agree to indemnify and hold us harmless against all liabilities, claims, demands, actions, costs, expenses, losses and damages that we incur arising from such content being shared by you.
4. Providing the Services
4.1 Duration of Services. The Services are provided on a subscription basis. The Services shall last for an initial 12 week term, following which the Services shall renew automatically with payment taken weekly from your payment card held on record by our payment provider (please refer to clause 7 for further information on this). Following the initial 12 week term, you may cancel the Services upon providing us with 2 weeks’ notice in writing. Please refer to clause 5 for information on how you can cancel your Services. Clause 6 sets out the ways in which we may cancel the Services.
4.2 We are not responsible for delays outside our control. If our supply of the Services is delayed (for example, by not providing a response to a written query within the timeframe set out at clause 3.3) by an event outside our control then we will contact you as soon as possible to let you know. We will not be liable for delays caused by the event.
4.3 Provision of information. In order to effectively track your progress as part of providing the Services to you, we will require you to provide us with information when so requested relating to your weight, diet and exercise activities on a weekly basis. You also agree that you 3
will answer all medical questions to the best of your knowledge and that you will keep us fully up to date with any changes to your medical condition. We will contact you in writing to ask for this information. If you do not give us this information or the information is incomplete or incorrect, we may end the contract (and 6.1 will apply). We will not be responsible for responding to you late (or not responding at all) unless you provide us with the information we need within a reasonable time of us asking for it.
4.4 We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 7), we may suspend supply of the Services until you have paid us the outstanding amounts. For illustrative purposes, suspension of Services shall include, but is not limited to, your healthy living coaching being placed on hold and temporarily removing you from any WhatsApp group until payment has been reinstated.
5. Your rights to cancel the Services
5.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most distance and off-premises sales, 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.
5.2 How long do I have to change my mind? You have 14 days after the day we have accepted your order by confirming your place on the Services programme. However, if you cancel after we have started providing the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.
5.3 Cancelling the Services. Save as provided for in clauses 5.1 and 5.2, you do not have the right to cancel the Services during the initial 12 week period. The Services are provided for a minimum of 12 weeks with no cancellation rights or refunds provided during this period. You may cancel the Services at any time once the initial 12 week subscription period has elapsed upon providing us with 2 weeks written notice via email to firstname.lastname@example.org.
5.4 Placing the Services on hold. Should you wish to place the Services on hold, you are able to do so only once and for a maximum of two weeks, provided always that you shall only be able to place the Services on hold after the initial 12 week subscription period has elapsed and not before. You must confirm the dates that you wish the Services to go on hold for by notifying us via email on email@example.com. Your subscription for the Services shall automatically resume once the two week hold period has elapsed.
6. Our rights to suspend the Services and/or end the contract
6.1 We may suspend the Services and/or end the contract if you do not comply with these terms. We may end the contract at any time (and, in doing so, may suspend and/or delete any account that you have with us) by writing to you if: 4
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services pursuant to clause 4.3; or
(c) you commit a material breach of these terms and conditions (which for illustrative purposes might include, but is not limited to, using the Services in a way which we deem, in our absolute discretion, to be inappropriate, offensive, or in any way in violation of these terms and conditions).
6.2 Outstanding payment. You shall immediately pay to us all amounts outstanding from yourself to us for the Services upon the contract being ended for whatever reason.
7.1 The Services shall be paid for on a weekly, subscription type basis. The price for the Services (which includes UK VAT, where applicable) will be the price detailed in your invoice when you placed your order.
7.2 When you must pay and how you must pay. Payment is taken on a secure “off-site” PCI compliant merchant. A payment portal shall be sent directly to you to your preferred form of electronic correspondence. This will enable you to make the required payment under these terms and conditions. The Services are provided on a subscription related basis and we will invoice you weekly in advance for the Services.
7.3 Pre-Payment. An initial payment which will represent the first two week’s subscription must be paid by you in order to secure the Services being provided under these terms. This payment is not refundable (save for the circumstances set out in clauses 5.1 and 5.2). Once the payment has been received, your place and start date will be confirmed to you by us in writing.
8. Additional Tools
9. Intellectual property rights
9.1 Deliverables. We retain ownership of all intellectual property rights to any information, documents and materials supplied by us to you in relation to the Services (“Deliverables”). You shall only use the Deliverables in accordance with our written instructions and, in any event, for your sole personal and non-commercial use only. You shall not use the Deliverables in any way that is not necessary or implicit in the proper use of the Services. In particular, and without limitation, you shall not copy, download, share (save where expressly provided to the contrary), modify, translate, transform, publish, transmit, sell, sub-licence, edit, transfer/assign to third parties or create derivative works from the Deliverables, nor allow any third party to do so.
9.2 Our Intellectual property rights. You acknowledge and agree that we are the exclusive owner of all intellectual property rights (including, but not limited to, copyrights, trademark rights, patent rights and design rights) relating to the ‘It’s So Simple’ brand and the Services.
10.1 Our website address is itssosimple.co.uk.
10.2 We are not responsible if the information made available on our website is not accurate, complete or up to date. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on our website is at your own risk.
10.3 Our website is not intended for individuals under the age of 18. If you are the parent or guardian and believe that your child has provided us with personal information, please contact us on firstname.lastname@example.org so that we can delete this information.
11.1 Exclusion of Liability.
(a) We are not medical professionals and nothing on our website and/or provided through the Services should be misconstrued to mean otherwise. The Services are not a substitute for professional medical care or diagnosis and we shall have no responsibility or liability for your medical condition. All nutrition and exercise guidance provided as part of the Services will be performed entirely at your own risk and, by agreeing to these terms, you agree that you have sought clearance from your doctor (or other professional health care provider) first. You acknowledge that there is the potential risk of personal injury by following the guidance provided as part of the Services and that (subject to clause 11.3) we shall not be liable for any injury arising from the same. If you choose to follow the guidance provided as part of the Services, you do so at your own risk and you do so of your own free will and accord.
You must consult your doctor (or other professional health care provider) immediately in the event of illness or injury, arising from the Services or otherwise.
(b) Results from the Services are unique to each individual. We cannot guarantee specific weight loss results or outcomes for any recipient of the Services.
11.2 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; for not supplying the Services with reasonable skill and care.
12. How we may use your personal information
12.2 Your photos. We will not use any photos supplied by you for our business and promotional purposes unless you have first consented for us to use the same. You have the right to change your mind regarding this at any time however by contacting us in writing.
12.3 Email addresses. We will not send unsolicited marketing material to the email address that you have provided us with. As part of the Services however, you will automatically be signed up to receive emails from us which will include our newsletter, updates and related products or service information from time to time. You have the right to withdraw consent to receiving this information at any time by contacting us in writing.
13. Other important terms
13.1 Your acceptance of these terms. By paying for the Services, you signify your acceptance of these terms and conditions. Your continued use of the Services following the posting of any changes to these terms and conditions will be deemed your acceptance of those changes. You agree to review these terms (available on our website) on a regular basis as these may be made without notice.
13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. 7
13.5 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.
13.6 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 Services, we can still require you to make the payment at a later date.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.