Terms & Conditions

1. INTRODUCTION

Mygymexpert ("site") is owned and operated by Jemms (UK) Ltd, a limited company with the business address 16 Fillingham Way, Hatfield, Hertfordshire, AL10 9GE, United Kingdom.

Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.

2. CHANGES TO TERMS

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

3. PRIVACY POLICY AND ACCEPTABLE USE POLICY

3.1 We will keep your private information confidential. You may provide us with private information, such as health information and photos, as part of your participation in a Program. We will take all reasonable precautions to ensure that all such information is stored securely and kept confidential.

3.2 Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy (click here).

4. AGE RESTRICTION

You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. ACCEPTANCE OF ORDER

5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

6. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. REPRESENTATIONS

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. OUR CONTRACT WITH YOU

8.1 When the contract for a purchase of the Program comes in force. When you tick the box confirming that you accept these Terms of Business and then pay, you are purchasing the Program. A legally binding contract is formed when we have sent you a confirmation email that your order has been accepted.

8.2 We may refuse to sell the Program for medical reasons. The Program is not suitable if you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. The Program is not appropriate for pregnant women, children under 18 or adults over 65.

8.3 You must be in good health. By agreeing to these terms and conditions, you are confirming that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.

9. PROVISION OF THE Program

9.1 We will supply the services to you from the date set out in the order for a period of 8 weeks. Fabulous customers will have access to Program for 6 months. Fabulous VIP customers will have access to Program and content for unlimited time.

9.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.

9.3 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

9.4 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

9.5 We may need certain information from you before providing your log in details to the Program. This includes a medical questionnaire and a lifestyle questionnaire that will be given to you via email. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. The Program will not be provided until you have completed the forms.

9.6 Reasons we may suspend the supply of the Program to you. We may have to suspend the supply of a Plan to:

9.7 (a) deal with technical problems or make minor technical changes; or

(b) update the Program to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the Program as requested by you or notified by us to you.

10. IF THERE IS A PROBLEM WITH THE SERVICES

10.1 In the unlikely event that there is any defect with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to repair or fix the defect within 7 days.

10.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Consumer Association, Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

10.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) you may cancel any order for Services at any time before the start date for the services by using the Form of Cancellation [INSERT HYPERLINK TO FORM OF CANCELLATION] . We will confirm your cancellation in writing to you;

b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

c) however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

10.4 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;

b) we go into liquidation or a receiver or an administrator is appointed over our assets;

c) we change these Terms under to your material disadvantage;

d) we are affected by an Event Outside Our Control.

11. DIGITAL PRODUCTS

11.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.

11.2 Notwithstanding clause 12.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 12.1 and you acknowledge that you will lose your cancellation rights.

12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

12.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a) we will promptly contact you to let you know;

b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;

c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.

12.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least [30] calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

12.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within [7] days of us asking you to in writing.

c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Program

d) you are suffering an illness, injury or condition such as cancer, HIV/AIDS, gastric band, heart, liver lung, kidney or other organ disease, anoxeria, bulimia and any other condition which may affect your ability to participate in the Program

13. PRICE AND PAYMENT

13.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

13.3 Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

13.4 Payment for services is to be made in advance by credit or debit card [or Paypal] except where agreed otherwise in writing between us. We accept payment with all major credit and debit cards.

14. LIMITATION OF LIABILITY

14.1 We do not provide medical advice. When following a fitness or nutrition plan you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way.

14.2 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.3 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

14.4 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c) defective products under the Consumer Rights Act 2015;

(d) breach of the terms implied by the Consumer Rights Act 2015

15. THE Program

15.1 Content: All Programs have full access to their respective Program content, including all recipes, food and exercise diaries, workouts and articles.

15.2 Food: There are no set meal plans provided. Instead there are recommended recipes to use and adapt. Food diaries can be created at any time.

15.3 Feedback on food diaries: Only clients signed up to VIP will have daily feedback on food diaries and exercise. Feedback will be given the following day and may take up to 24 hours. Feedback will contain general advice and tips related to diet and food intake. It is different for everyone and based on each individual food diary.

15.4 Welcome pack: VIP clients will receive welcome pack in the post. Fabulous clients will receive welcome pack as downloadable PDF to print off at home.

15.5 Workouts: Each week there are 2 bootcamp sessions, 1 interval training , 1 cardio session, 1 stretch and relax session and 2 rest days. Although you are able to complete the exercises in any order, you get a recommended workout to do. It is important to do them in order because the sessions get longer as the Program progresses.

15.6 Exercises: There is guidance for how to do each exercise in the 'get prepared' section. Completing exercises safely with correct form will help avoid injury. However all exercises are performed at your own risk.

15.7 Medical questionnaire: Before starting you will be asked to complete a medical questionnaire. If you are unsure whether you are physically able to complete the plan or have any health concerns, consult your GP or MD before starting. If we have any concerns about medical conditions mentioned, you may be asked to consult your GP first.

15.8 Results: Everyone is different and there can be no guaranteed results on this Program. How hard you work and how well you stick to the Program and follow the recommended advice is up to you. You are in control of your success.

15.9 Timing: Clients will have access to their online area for 6 months from the starting date or will have ongoing access. If for any reason this access is to be changed, we will inform you with 30 days notice.

15.10 Measurements, weight and photos: We may ask your permission to publish results. This may be through a written request via email or a tick box giving us permission when you sign up. If we get your permission you grant us the right to publish the results (including measurements, weight and photos) and share them with the public and use them in any way whatsoever including commercial uses, in perpetuity.

16. YOUR ACCOUNT DETAILS

16.1 You will be provided with log in details and a password. You must treat such information as confidential. You must not disclose it to any third party.

16.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Business.

16.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

17. HOW YOU MAY USE THE MATERIAL WE PROVIDE

17.1 We are the owner or the licensee of all intellectual property rights in our Programs. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

17.2 You must not use any part of the content of the Programs for any purpose other than your personal fitness and nutrition.

17.3 All information provided and advice is for use at your own risk. If you are not sure whether you are able to complete the Program due to medical reasons, consult your GP before starting.

18. CIRCUMSTANCES BEYOND OUR CONTROL

18.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

18.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

18.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

18.4 you will be notified as soon as reasonably possible; and

18.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

18.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than [4] weeks in accordance with our cancellation rights.

19. NOTICE

19.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Mygymexpert.com at [email protected] or 16 Fillingham Way, Hatfield, Hertfordshire, AL10 9GE, United Kingdom.

19.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

20. MISCELLANEOUS

20.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

20.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

20.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

20.4 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 of Business, 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 Plans, we can still require you to make the payment at a later date.

20.5 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

20.6 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

20.7 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

21. CONTACT US

21.1 For any questions or queries you can contact us by phone, USA: +1 312 957 5615 or UK: 0203 287 2931, or e-mail us at [email protected]