TERMS AND CONDITIONS

These Terms and Conditions apply to both the custom programmes, the pre-made training programmes and where relevant all free informational content available on the Website, communicated through email and available to download from the Website.

1. INTRODUCTION AND ACCEPTANCE OF AGREEMENT

These Terms and Conditions (“Terms”) are a legally binding agreement between you (“you” and “your”), the User of this Website and Alice L Young (“we” and “our”), the owner and operator of this website. These terms and conditions affect your legal rights and liabilities, so please read them carefully. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you should stop using the Website immediately. By using this Website you are indicating that you have read these Terms and our privacy policy. If you do not agree to these Terms please do not use the Website, or purchase any of our services.

2. PRIVACY PRACTICES

After signing up the Service you will be required to give certain information about yourself. Alice L Young’s use of this information is governed by our privacy policy.

3. LIMITATION OF LIABILITY

Alice L Young will not be liable for any losses arising out of events beyond our reasonable control. This includes personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Website or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Website or mobile application, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorised access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Website. You agree that this limitation of liability applies whether such allegation are for breach of contract, tortious behaviour, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Alice L Young has been advised of the possibility of such loss of damage. Without limiting the general foregoing, you also specifically acknowledge that Alice L Young is not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Website or any other third parties. By using this website and/or the Services provided by Alice L Young you do so at solely your own risk.

Alice L Young does not give out medical advice, nor do we hold ourself qualified to do so. We strongly recommend that you seek professional medical advice before commencing a new diet or exercise programme. Even within healthy individuals, undertaking an exercise programme carries risk. It is your responsibility to exercise your own personal judgement, as well as any other considerations, before acting on any of the Content provided by us. When provided with a Programme, you should not consider or rely upon the information included within the Programme to be a comprehensive health or exercise programme. Subsequently, any actions you take in relation to the Programme should not be pursued regardless or to the exclusion of other information or opinions that are available to you. A Programme will be created based on the information provided by you. It is your responsibility to provide accurate information. You are responsible for disclosing any health issues or pre-existing medical conditions. You are responsible for providing an accurate medical history. The Content within the Programme may relate to certain contexts and may not be suitable within other contexts. You are responsible for ensuring that you do not apply the Content provided to the wrong context. Any Content that we provide that does not form part of the Programme (such as Content within our Website and social media) is provided for the purposes of general information only.

4. INTELLECTUAL PROPERTY

By providing us with any content for distribution (such as transformation photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content. You as the User acknowledge that the Content included on the Website, unless uploaded by Users, is the property of Alice L Young and is subject to copyright and accordingly the User shall ensure that the Content is used solely for the User’s research and/or reference purposes and may not be copied, reproduced, rebroadcast or commercially exploited in all or any part.

5. PRICE AND PAYMENT

Payment will be required before the Service is provided. After you have completed your purchase Alice L Young may take and shall be entitled to receive such payment as is due in respect of the purchase.
Payment will be made by debit card, credit card or any other method as Alice L Young may introduce at its absolute discretion.
Alice L Young reserves the right to accept or refuse any payment made in any form.
You will not be charged for any purchases that Alice L Young cannot fulfil. In this instance Alice L Young will refund your account any sum deducted by Alice L Young.
Alice L Young cannot guarantee that a particular Service will always be available.
To maximise security, Alice L Young does not hold any credit/debit card details. Please see our privacy policy for where and how these are stored.
Your credit/debit card company may perform security checks to confirm it is you who is making the purchase.
The Programme is a subscription based service. This is a rolling subscription and payments will be taken from your initial payment method each month via direct debit.
Once the first payment and/or any deposit for the Service has been paid for, you agree that such payment is non-refundable.
The minimum term for the Programme is three months. By signing up to the Programme you agree to make payment for a minimum of three months before cancelling your subscription. If you wish to terminate your subscription prior to the three month minimum term ending, you agree to cancellation fee totalling the remainder of the three month minimum term.

6. MEDICAL

We do not claim to be medical professionals/practitioners or dieticians. We do not have the expertise or qualifications to diagnose, examine or treat medical conditions of any kind, or to be able to determine the effect of any diet or exercise regime on a medical condition. We strongly recommend that you seek medical advice from a medical professional/practitioner and/or dietician before commencing any diet or exercise regime. You acknowledge that when participating in an exercise or exercise regime that there is the possibility of physical injury.

7. EXAMPLE MEAL PLANS

We do not claim to be dieticians or nutritionists. The meal plans created as part of the Programme are not intended to be prescribed meal plans. They are intended to be an example of what could be eaten to meet specific macronutrient and caloric needs.

8. EXPECTED RESULTS

For the majority of people who use our Services we believe that desired results will be achieved. However, results are highly dependent on the individual. These will be affected by the commitment and effort of the individual. In some circumstances where an individual uses our Services, the desired result may not be achieved. We therefore provide no warranties of any kind as to:

the effectiveness of any diets, nutritional advice, exercise advice, techniques or programmes that we deliver, or
the results you may achieve as a result of using our Services.
the effectiveness of the Psychological and mindset techniques delivered as part of the programme.

The testimonials within our Website or in our Content (such as on our social media) are real people who have used our Services. These testimonials are not, however, indicative of the results you are likely to achieve. Instead they are used as an example of what other individuals have achieved.

9. CHECK IN POLICY

If the client does not complete and return their check in form before the deadline, Alice L Young reserves the right to not provide feedback for the check in.

10. REFUND POLICY

Alice L Young does not offer any refunds after the purchase of a Service, unless the eligibility criteria for the money back guarantee is met. Please read our refund policy page for the eligibility criteria.

11. TERMINATION

You are free to stop using our Services at any time after the three month minimum term has passed. Refunds cannot be given whereby the monthly payment is made, but the month is partially complete. We reserve the right to suspend or terminate your access to the Services with notice to you if:

you are in breach of these Terms, or
you are using the Services in a manner that would cause a risk of harm or loss to us or other Users.

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We will not provide notice before termination where:

you are in material breach of these Terms,
doing so would cause us legal liability or compromise our ability to provide the Services to other Users, or
we’re prohibited from doing so by law.

12. CHECK INS

It is your responsibility to send your weekly check-in and maintain contact with me. If I do not hear or receive check-ins from you, I’m not obliged to follow up with or chase you. If you check in on time (Friday 6pm GMT), I will provide you with checkin feedback within 48 hours. If you do not check in on time, I will not provide you with check in feedback. If you will not be able to check in on time, you are required to inform me at least 24 hours prior so that alternative arrangements can be made.

13. DATA PROTECTION LEGISLATION

The General Data Protection Regulation 2018 (“GDPR”) as amended or updated from time to time, or any successor legislation.

Personal Data: any information relating to an identified or identifiable natural person (a “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

For the purposes of the Data Protection Legislation, the customer is the data controller and Alice L Young is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).

Alice L Young shall, in relation to any Personal Data processed in connection with the performance by me of my obligations:-

(a) process that Personal Data only on the written instructions of the Customer;

(b) ensure that it has in place appropriate technical and organisational measures (that can be reviewed and approved by the Customer at the Customer’s request), to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(c) ensure that only those individuals that need to access or process Personal Data will have access to and/or process Personal Data and those individuals are and will continue to be obliged to keep the Personal Data strictly confidential in compliance with the Data Protection Legislation;

(d) assist the Customer, at the Customer’s request and reasonable cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

(e) notify the Customer and the Information Commissioner’s Office (“ICO”) without undue delay (and in any event in compliance with the required timescales set out in the Data Protection Legislation) on becoming aware of a Personal Data breach; and

(f) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the agreement unless required by the Data Protection Legislation to store the Personal Data.

14. GENERAL

These Terms and Conditions and the relationship between you and Alice L Young (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England. Any dispute, controversy, proceedings or claim between you and Alice L Young relating to these Terms and Conditions or the relationship between you and Alice L Young (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England.
These terms and conditions are deemed to be accepted and agreed by you upon purchasing Alice L Young services via its website, without signature unless otherwise agreed upon in writing by both parties.
These Terms may undergo revision from time to time to better reflect changes to the law, new regulatory requirements or improvements made to our Services. We will notify you prior to the update’s effective date by sending an email to the email address associated with your account. By continuing to access our Website or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
We require that our clients be over the age of 18 to be able to use our Services. Please do not purchase our Services unless you are over the age of 18.
After purchasing one of our Services the Programme must be commenced within 12 weeks from the date of purchase. We reserve the right to terminate your access to the Programme if it is not commenced within 12 weeks.
Alice L Young reserves the right to use any “before and after” images within promotional materials, both web-based and offline and, accordingly, you hereby consent to such usage.
After purchasing our online coaching Services, your plan will be created within 7 days of Alice L Young receiving a complete assessment form from the client. The plan will only be released once the client has logged their scale weight, waist and hip measurements and progress photos (these must be in line with the guidance within the Welcome Pack, and it is at Alice L Young's discretion to deem photos in line with the guidance) within the Trainerize mobile application.

15. CONTACT US FOR QUESTIONS REGARDING THESE TERMS

If you have any questions regarding these Terms, please contact us.