Wellforlife Terms & Conditions
This Site is owned by an individual and is not trading.
These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services and terms and conditions relating to the sale and purchase of Products on the Site.
Please read these terms and conditions carefully. Your use of the Site and the purchase of any Products or Services on this Site will be subject to these terms and conditions.
Important Liability Statement
NOT MEDICAL ADVICE: Wellforlife is not a provider of medical advice and no Content or other information contained on or provided through the Websites and any feedback on any health questionnaires should be construed as medical and/or health advice. Always seek the advice of Your physician or other qualified Healthcare Provider for answers to any questions You may have regarding a medical or health related condition. Neither the Content, other information contained on the Websites, nor any other Service offered by or through Wellforlife is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something You have read on the Websites. The exercise and nutritional programs provided as part of the Services are demanding and increase in intensity during the course of these programs. The use of the Services and Products require a high level of responsibility and self-awareness in order to avoid injury. Before using any of the Services and Products, it is Your responsibility to determine, through obtaining appropriate medical advice, that You are fit and well and that the Services and Products are suitable for You. Before commencing any exercise program or nutritional program and before making changes to Your existing exercise or nutritional program, You should consult Your physician or other qualified Healthcare Provider in order to ascertain whether the programs and changes are appropriate for You. You are responsible for your own safety; and You assume all risk of injury by using the Content, Services and Products. Please do not use the Content, Services and Products if You are not willing to accept this responsibility.
NUTRITIONAL ADVICE: If any product provides nutritional advice as to specific foods (e.g. calorie values) this is based upon the information that food suppliers and retailers give to us. The product manufacturers rely upon this information in providing nutritional advice to you but cannot verify the accuracy of the information itself and shall not subject to the paragraph headed “the law” below, be liable for any inaccuracies.
STEP EQUIVALENTS: The products may provide estimate step equivalents for non-step exercise regimes such as swimming, cycling and running. These calculations are designed to be approximations only, as different types of exercise may affect different people in different ways.
LIABILITY: We try to make sure that all information that we post on this website (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, and subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any articles posted by a third party) or provided through any Service supplied by us to you.
THE LAW: We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, for the condition that we are entitled to supply you with any Product you buy, that they will be of satisfactory quality and fit for purpose, that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. Subject to that, our liability to you in each year is limited to the amount of charges payable by you to us in that year subject to a minimum of £250.
LOYALTY SCHEMES AND REWARDS PROGRAMMES: Where you are a member of a loyalty scheme / rewards programme operated by one of our partners, and you are able to earn points through your use of the Site, the operation of that scheme or programme, and the award and redemption of points, will be solely the responsibility of that partner, and not Wellforlife. Any questions or complaints that you may have about that scheme or programme, including your membership of it, should be directed to the relevant partner, and not Wellforlife.
In these terms and conditions, the following definitions apply:
1.1 “Services” means any information and services ordered and/or provided by Wellforlife through or via the Site, Any electronic information supplied to you by Wellforlife will constitute part of Service not a Product and any cancellation rights will apply and be interpreted accordingly.
1.2 “Products” means any products offered for sale on the Site.
1.3 “Site” means Wellforlife.co.uk whether through that URL or otherwise.
Use of this Site Generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose including for selling any goods or services.
2.2 The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in Wellforlife’s brands trademarks and logos (“Materials”) are owned by Wellforlife or its third party licensors. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. You must not use our logo without written permission, any trademarks belonging to the manufacturers of the products must not be used without their express permsission.
2.3 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of Wellforlife or any third party.
2.4 Wellforlife accepts no obligation to monitor the use of the Site. However, Wellforlife reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Wellfoirlife will also, in its absolute discretion, fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
2.5 Wellforlife may change the format and content of the Site from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
Your Personal Information
3.1 Usage of your personal information is governed by Wellforlife’s Privacy & Cookies Policy, which forms part of these Terms and Conditions. In the event that Wellforlife undergoes reorganisation or is sold to a third party, you agree that any personal information Wellforlife holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy & Cookies Policy.
3.2 Wellforlife’s Privacy & Cookies Policy sets out how your personal data may be shared with third parties, including operators of loyalty schemes / rewards programmes under which you may collect points relating to Products and Services available through the Site.
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site and the Services is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Wellforlife does not enter into conditions, warranties or other terms in relation to the Site, the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
4.2 The Site includes links to external sites and co-branded pages. Wellforlife has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. Wellforlife is not responsible for the content of these site and pages or for anything provided by them.
4.3 Subject to the important liability statement, Wellforlife is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
5.1 As part of the Services offered via this Site, you may be issued with an individual password, which may be used to access the Site, Services and those pages whose access is restricted to members only. You will use the password only for such access and not for any other purpose. You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.
5.2 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Wellforlife of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.
5.3 Wellforlife reserves the right to change your password and user name at any time in its sole discretion and you agree to notify Wellforlife promptly of any changes to your registration details.
Suspension and termination of Service
6.1 Wellforlife may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.
6.2 Wellforlife may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
7.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
7.2 From time to time, the Site may accept pre-orders for Services and/or Products that are not currently available but which are intended to become available shortly. No contract will exist in relation to the Services or Products pre-ordered until we (or one of our fulfilment partners) have confirmed to you by email that the Services are ready to start or the Products are ready to be dispatched (as the case may be). Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer. Where you submit a pre-order, we do not charge your debit/credit card the full amount until the Services are ready to start or the Products are ready to be dispatched (as the case may be), but we do charge a nominal amount (typically, 10 pence) at the pre-order stage (just to ensure that your debit/credit details are correct) which we will then deduct from the balance to be automatically charged to the same debit/credit card when your order is ready to be fulfilled.
Pricing, availability and dispatch Information of Products
8.1 Information displayed on the Site as to pricing and availability is subject to change by Wellforlife without notice. Payment for the Products will be made via the Site in accordance with the procedure explained on the Site.
8.2 While we aim to be accurate, any availability information or dispatch estimates on the Site in relation to Products are approximate. As we process your order or pre-order (as the case may be), we will inform you by e-mail if any Products you order turn out to be unavailable.
8.3 In spite of our best efforts, it is possible that a Product or Service may be mispriced on the Site. We do, however, confirm prices as part of our dispatch procedures. Where the actual price is lower than that stated on the Site, we will charge the lower amount and send you the Product. If, however, the actual price is higher than that stated on the Site, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
8.4 Products will be dispatched by Wellforlife (or one of our fulfilment partners) to your delivery address as soon as reasonably possible after acceptance of your order and we will endeavour to confirm dispatch to you by email. Delivery charges will be made in accordance with your location and you will be informed of the relevant charge on the Site before you confirm your order. Please note, any orders we accept, which require delivery outside the EU, will be delivered duty unpaid (DDU). Wellforlife is not liable for loss or damage to Products in transit. If recorded delivery is chosen, you will receive your dispatch notification email with a Royal Mail track and trace number. Once dispatched, Royal Mail will not deem an undelivered parcel to be missing until 15 days has passed. Wellfoirlife cannot send replacement Products until you have notified Wellforlife and this 15 day period has expired. Should you receive your original Product at any stage after the replacement Product is delivered to you, you shall return this Product immediately to Wellforlife (or one of our fulfilment partners as appropriate).
8.5 Certain Products are designed to operate in conjunction with your mobile device (such as a smartphone or tablet). Where this is the case, it is your responsibility to ensure you have a compatible device. Details of compatible devices are as set out on the Site, and are subject to change from time to time.
Loyalty Schemes and Rewards Programmes
9.1 Where you are a member of a loyalty scheme / rewards programme operated by one of our partners, and you are able to earn points through your use of the Site, the operation of that scheme or programme, and the award and redemption of points, will be solely the responsibility of that partner, and not Wellforlife. Any questions or complaints that you may have about that scheme or programme, including your membership of it, should be directed to the relevant partner, and not Wellforlife.
9.2 Details of the schemes/programmes, and the levels of points that can be awarded (along with relevant targets and spending) including any discretionary bonus points – will be set out in the Site and/or the partner’s website from time to time, and may change from time to time at the discretion of Wellforlife and the relevant partners. You acknowledge that the targets set for points awards may increase or decrease from time to time. Your membership of the schemes/programmes will be governed by separate terms and conditions issued by the relevant partners.
9.3 Where Wellforlife’s partnership with any loyalty scheme or rewards programme ends, Wellforlife and/or the relevant partner will notify you of your options. In the discretion of the relevant partner, your membership of the relevant scheme or programme may terminate automatically and you may be awarded as a final award – a number of points based on your average award level up to the date of termination (or the average for a representative section of members if you are within your first month of use of the loyalty scheme/programme in relation to Wellforlife). You agree that you will not be entitled to be awarded additional points or any other award or payment in respect of such termination.
10.1 Wellforlife warrants that the Services will be supplied with reasonable skill and care. Also, subject to clause 10.2, Wellforlife warrants that the Products will operate materially in accordance with their specifications for a period of 90 days from delivery. Subject to the important liability statement, a refund for the defective Product or replacement of it (at Wellforlife’s discretion) will be your sole remedy for breach of the warranty in this clause 10.2.
10.2 Wellforlife may offer specific guarantees with specific Products, and these will be set out in manuals with the Products.
Right to Cancel
11.1 Products: After you receive any Products you will have a 14 day “cooling off” period during which you have a right to cancel the order, and return the Products, without charge. You may exercise that right by calling our Customer Services Team on 01962 603000 (or such other number stated on the Site or with the Product) or by completing the cancellation form found at the end of these Terms and Conditions, notifying us of your cancellation. Following such notice you must return the Products covered by the cancelled order undamaged to ‘Wellforlife Returns, xxx xxxxxx, xxxxxx, xxxxxxxx, xxxx xxx’ or such other address as we may tell you at the time. Products must be labelled with the Returns label included in your delivery documentation and returned by registered post (or any other method requiring the recipient to sign on delivery) unused and in their original undamaged packaging. You are responsible for the costs of returning the Products and we reserve the right to make a charge not exceeding our direct costs of recovering the Products (which we are entitled to do) in the event that you do not return the Products or you return them at our expense. Following you exercising your right of cancellation we will refund any payments made by you excepting and subject to any costs of returning the Products and subject to the Products being returned in as new condition.
11.2 Third Party Products: You may order products, merchandise or services through the Site from parties other than Wellforlife (“Third Party Products”). Wellforlife will make clear at the point of purchase if and from which third party you are purchasing a Third Party Product. All matters concerning Third Party Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are to be resolved solely between you and the party supplying the Third Party Products. Wellforlife provide no warranties or representations whatsoever with regard to any Third Party Product. Wellforlife will not be considered or be construed as a party to such transactions, regardless as to whether Wellforlife may have received some form of revenue or other remuneration in connection with such transactions. Wellforlife will not be liable for any costs or damages arising out of, either directly or indirectly, you or any third party involved or related to the transactions. The relevant returns policy of the third party providing the Third Party Product will be set out in an email confirmation of your purchase together with details of your statutory rights.
11.3 General: Orders for software cannot be cancelled once the seal on the software packaging has been opened and orders for custom made Products may not be cancelled once the customisation process has begun. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
Statutory Rights and Refunds
12.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
If you are under 18
13.1 Wellforlife does not sell Products to children under the age of 18 on this Site although it may sell Products suitable for children to adults. If you are under 18, you may use the non-member parts of the Site under adult supervision but you may not become a member or purchase Products or Services from the Site.
14.1 Wellforlife may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. Wellforlife may delay enforcing its rights under these terms and conditions without losing them. You agree that Wellforlife may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
14.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
14.3 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please email email@example.com.
Promotions and important information
15.1 If we run any promotions they have terms and conditions attached which you will need to agree to when taking up the promotions. They are in addition to these general terms and conditions.
15.2 Finally, once again, guarantees only apply if you keep your side of the bargain as set out in the promotion terms and conditions.
Third party contributions
16.1 Articles: Articles on this site may be submitted by third parties and Wellforlife is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.
17.1 Nothing in these terms excludes or limits your rights or remedies under mandatory provisions of local law in the country in which you are based that may not lawfully be excluded or limited.
18.1 Wellforlife may provide a link to Google Translate to offer translations of content on our website solely for the convenience of non-English speaking users of our website. Wellforlife does not manage or control any aspect of Google Translate, and is not responsible for translations provided by it. Google Translate provides automated translations, which may sometimes result in incorrect, ambiguous or misleading translations. Wellforlife does not give any guarantee as to the accuracy or reliability of any translation. Users who rely on Google Translate do so at their own risk. Wellforlife does not accept liability for any loss arising from use of Google Translate. If you are concerned about the accuracy of Google Translate, you may wish to use your own professional translation service.
© Copyright 2014 Wellforlife
To Wellforlife.co.uk, xxxxxxxx, xxxxxxxxx, xxxxxxx, xxxxxxx. Tel: 01962 803000 e-mail: firstname.lastname@example.org.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods/for the supply of the following services [*].
Ordered on/received on [*] : _________________________
Name of Consumer: ________________________________
Address of Consumer: ________________________________________________________
Signature of Consumer(s): _____________________________________________________
[*] Delete as appropriate.