- THESE TERMS
- These are the terms and conditions on which we supply our products to you, whether those products are services, materials or digital content.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with our privacy and cookies policy and our Website User and Acceptable Use Policy.
1.3 PLEASE NOTE: as some of the items you are purchasing (i) are deemed digital content and are made available to you immediately for downloading upon receipt of payment; and/or (ii) services may take place within the legal cooling off period, you may lose any right you have to cancel the contract – please see clause 8.3.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are SNF Consulting Limited (a company registered in England and Wales with Company Number 09509964) trading as the101plan, whose registered office is at Brynford House, 21 Brynford Street, Holywell, Flintshire CH8 7RD.
2.2 You can contact us by writing to the above address or emailing us at [email protected]
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 By submitting an Order to us, you confirm that you are over the age of 18 and that you are a consumer (i.e. you are not making a purchase in the course of a business, trade or profession).
“Order” means your ordering of our Services.
“Materials” means any documents, plans, webinars or other information produced by us.
“Services” means all services that we provide including health and fitness plans, nutrition plans, courses any other services, Materials or products that we may offer;
“Website” means www.the101plan.com
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
2.1 To purchase any product from us, you will need to submit an order form on the Website and make payment.
2.2. Any Order you submit will be subject to acceptance by us and a legally binding agreement will not come into existence until we have informed you that your Order has been accepted.
3.2 If we are unable to accept your Order, we will inform you of this and will not charge you. This might be because of a lack of resources, the product is no longer available, has changed in some way or because we have identified an error in the price or description of the product.
3.4 If you are purchasing our products from outside of the UK, we make no warranties that our digital content will be available in the country in which it has been purchased.
- OUR PRODUCTS
4.1 We expect you to take reasonable care to verify that any Services you Order is suitable for you and will meet your needs. We do not make any commitment to you that you will obtain any particular result from our Services. The results that you wish to achieve as a result of a Service is dependent upon your actions and you understand that you are wholly responsible for creating your own results.
4.2 Basic Services.
4.2.1 The title and description of the Services will be as set out on the Website which can be purchased individually or as a series.
4.2.2 Once we have confirmed your Order, we will provide you with a link (usually within 24 hours) or an embedded link that will allow you access to the Services and/or Materials you have purchased or you will be able to access the Services or Materials purchased immediately.
4.3 Premium Services
4.3.1 The title and description of the Services will be as set out on the Website.
4.3.2 The Services will generally consist of a course of between 2 to 6 weeks however, courses may be of a shorter or greater length as selected by you. Once a start date has been given to you, must be completed within the 6 week period. No refund will be offered for any part of the Services not used within that the time stated, and the 6 week period will not be extended.
4.3.3 Once we have confirmed your Order, we will provide you with all necessary pre-course information and Materials. We will thereafter provide you with the content and/or Materials for each week’s course in advance.
4.3.4 We will provide a live webinar once a week at a set date and time. It is your responsibility to make arrangements to be able to log into the webinar.
4.3.5 The weekly webinar will be streamed to a group via WebinarJam and you will be provided with a link to join the live event. You will remain anonymous to the group unless you use the chat mechanism available, at which time your profile will appear to the group. You do not have to watch the webinar as a live event as you will be sent a link after the event has finished to enable you to watch the recorded version
4.3.6 You will also be invited to sign up to a Facebook group, but this is not a requirement.
4.3.7 The weekly webinar will be recorded and made available to view on the Website for up to 28 days after its original live date.
4.3.8 The webinar will be streamed via the platform WebinarJam and you will need to install the software application to be able to participate in the webinar.
4.3.8 We operate a zero-tolerance policy in relation to inappropriate behaviour. We may, at our reasonable discretion and without liability or an obligation to refund fees, refuse to supply any Service to any person who would, in our reasonable opinion, be undesirable or whose behaviour we consider is or may be in breach of this Agreement.
4.4 You must not allow any third party to use your account information and/or computing equipment to access the digital content or any Materials purchased by you.
4.5 You may only print off any Materials or any other information provided to you or on the Website for your own personal use. You must not provide, offer to sell, license or transfer the services or any other Materials on our Website (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing.
4.6 We are not responsible for delays outside our control. If our supply of our products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- You acknowledge and accept that we cannot be held responsible for any technical problems you encounter following the purchase of our services or for any delay or disruptions to your access of our Services as a result of such suspension or any of the following:
- the operation of the internet and the World Wide Web, including but not limited to viruses;
- any firewall restrictions that have been placed on your network or the computer you are using to access the Services;
- failures of telecommunications links and equipment; or
- updated browser issues.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, please see Clause 8 – (Your rights to end the contract).
- OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products. We may change or suspend the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product; and
(c) to make slight changes to start/end times of our services;
(d) to change those providing, speaking or appearing during any webinar.
6.2 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.3 More significant changes to the products and these terms. In addition, we may make significant changes to the products but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought.
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to request a service to be re-performed), see Clause 11.;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2 and 6.3);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month.
8.3 Changing your mind about the Services.
8.3.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your Order within a period of 14 days (“Cancellation Period”) from the day after which we confirm your Order subject to clauses 8.3.2 to 8.3.6 below.
8.3.2 After the Cancellation Period has expired you will not be entitled to any refund.
8.3.3 Your right to cancel and obtain any refund will be lost if you have given us express consent to supply any Services during the Cancellation Period and the Service has been fully performed. If express consent has been given but the Service is only part performed, you will be liable to pay for the Services actually received.
8.3.4 If the service is to start within the Cancellation period your right to cancel will be lost if you request us to deliver a Service within the 14-day Cancellation period.
8.3.5 For the avoidance of doubt, by asking us to provide a Service to take place within 14 days of the date that your Order you accept this amounts to your specific consent for us to provide that Service within the Cancellation period, and you agree that you understand that, once the service has commenced, you will not be entitled to a refund.
8.3.6 You have a legal right to change your mind within 14 days and receive a refund if you have purchased digital content but the cancellation rights do not apply after you have started to download the digital content. You have 14 days after the day we email you to confirm we accept your Order, or, if earlier, until you start downloading. If we delivered the digital content to you immediately you will not have a right to change your mind.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Any refunds due to you will be made using the same payment method you used to pay us, within 14 days of your telling us that you have changed your mind. We will made deductions from any refund as set out in these terms.
- OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you breach any of these terms and conditions.
10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 10 working days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided. Where you have purchased services, this will be calculated pro-rata for the services you have already received at the time the product was withdrawn.
- IF THERE IS A PROBLEM
11.1 How to tell us about problems. If you have any questions or complaints about the product, please email us at [email protected].
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. This means that (i) if your product is a digital content, the Consumer Rights Act 2015 says it must be as described, fit for purpose and of satisfactory quality; and (ii) if your product is services, the Consumer Rights Act 2015 says it must be carried out with reasonable care and skill. Nothing in these terms will affect your legal rights.
- PRICE AND PAYMENT
12.1 The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the product you order.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you.
12.4 When you must pay and how you must pay. All products must be paid for at the time of submitting your Order. Methods of payment are as stated on the Website.
13.1 Information and other materials on our Website are provided for general information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on our Website.
13.2 Before starting any health, exercise or diet regime you should consider consulting your own doctor or specialist to ensure the regime is suitable for you, especially if you have a medical condition or are taking medication or have related concerns.
13.3 Do not undertake any exercise program, diet or treatment provided by us, without professional or qualified supervision.
13.3 We cannot be held responsible for any injuries which may occur as a result of your undertaking exercises available on our website.
13.4 Our Website is not a medical facility and no information contained in our Website, digital content or otherwise provided by us should be used to prevent, treat or diagnose medical conditions of any kind.
13.5 It is your own responsibility to follow any fitness, wellbeing, dietary or other plans provided, and we make no warranties or guarantees that they will have any specific results.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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 breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 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 breach of your legal rights in relation to the products.
14.3 We are not liable for business losses. We only supply the products to individuals for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- OTHER IMPORTANT TERMS
16.1 Special offers and discounts. Any special offers or discounts on the Website can be withdrawn at any time, without notice and must be used as stated on the Website.
16.2 Referrals. If you make a referral to any other person (“Third Party”) to us who has not previously used or ordered our Services previously, and as a result the Third Party submits an Order for, and pays for our Services, we will send you a personal thank you gift (“Gift”) provided that the Third Party mentions your name in their welcome questionnaire. We make no warranties or guarantees as to the Gift to be provided which shall be totally at our discretion. We have the absolute right to refuse a Gift or change the type of Gift offered, or to withdraw the right to a Gift for a referral at any time and without notice.
16.3 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.4 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, this also means that any webinars can only be attended by the person named on the Order.
16.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.6 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.
16.7 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 products, we can still require you to make the payment at a later date.
16.8 Copyright and all intellectual property rights in all and any materials supplied by us and available on the Website remain vested in us and shall not be copied or reproduced for any other purpose than your individual use of the services.
16.9 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
16.10 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider however, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR. In addition, please note that, as long as the UK is part of the European Economic Area, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
(Complete and return this form only if you wish to withdraw from the contract)
To: SNF Consulting Limited
21 Brynford Street
Flintshire CH8 7RD
Email: [email protected]
I hereby give notice that I/We [*] wish to cancel my/our [*] contract for the supply of the following product/service [*]
Ordered on [*]
Name of consumer(s)
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper)