Physical exercise, in all its forms and with or without the use of equipment such as weights, straps or any other equipment, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise, routine, program or using any suggested equipment, shown in any of the video clips on the Website. Nina’s Secret is not a medical organisation and neither Nina nor her staff can give you medical advice or diagnosis. All suggestions and comments relating to the use of exercise equipment and food consumption are carried out at your decision while viewing Nina’s Secret videos. Nothing contained in this Website should be construed as any form of medical advice or diagnosis.
By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in workouts and activities from Nina’s Secret, you will not exceed your limits while performing such activity, and you will select the appropriate level of workouts for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time Nina’s Secret may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Nina Ross, or any person or entity involved with Nina Ross, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Definitions
When the following words are used with capital letters in these Terms, this is what they will mean:
1.1. Event Outside Our Control: is defined in clause 9.2;
1.2. Services: the services that We are providing to you as set out in clause 4;
1.3. Terms: the terms and conditions set out here;
We/Our/Us: Nina Ross, 555 Smithdown Road, Liverpool
1.4. User: the individual authorised to access the Services.
1.5. User ID: the unique ID provided to an individual on acceptance of these Terms.
1.6. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
Our contract with you
2.1. We supply a Program to you on these Terms.
2.2. Please ensure that you read these Terms carefully, and that these Terms are what you intend, before you purchase a Program. If you think that there is a mistake, please contact Us to discuss, and please make sure that you ask Us to confirm any changes in writing to avoid any confusion between you and Us.
2.3. Apart from anything We confirm in writing, these Terms constitute the whole agreement between you and Us.
2.4. When you place your order, this does not mean We have accepted your order which occurs as described in clause 2.5. If We are unable to supply you with the Program, We will inform you of this in writing and We will not process your order.
2.5. We shall assign you a User ID and inform you of it when We confirm that Your order is in place. You must use this in all subsequent communications with Us relating to your Order.
2.6. When signing up to the monthly subscription it is a minimum of 2 monthly instalments and following the second payment you have 4 weeks until the programme is terminated.
2.7. Should the use of your account be inactive/doormant for 12 weeks your account will automatically removed from the website.
Changes to these Terms
3.1. We may revise these Terms from time to time in the following circumstances:
3.2. if We change how We accept payment from you;
3.3. if there are any changes in applicable laws and regulatory requirements; and
3.4. if we vary the prices charges for the Product.
3.5. If We revise these Terms under clause 3.1, We will give you at least 30 calendar days’ written notice of any changes to these Terms before they take effect in that situation you can choose to cancel Your Purchase in accordance with clause 10.
3.6. If We change the price of the Program, We will notify you of the amended price in writing.
Services
4.1. Our Service provides for the viewing of online fitness programs and meal plans. Your Purchase or subscription entitles you to use our program system until we are notified to cancel payments.
4.2. The Services are accessible by the User subject to the requirements under Clause 13.
Providing Services
5.1. We will supply the Services to you from the date We confirm acceptance of your Purchase of a Program or subscription without end. The Services are personal to you. You must not share your Program and access to your User ID must be kept private for your and Our security.
5.2. We will make every effort to deliver the Services associated with your Program or subscription in a timely manner. However, the Services are dependent on your ability to follow the instructions of our application as directed. There may also be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.
5.3. We need information from you that is necessary for Us to provide the Program or subscription, for example, We will need you to provide your email address, height, age, weight, calliper readings and gender. If you do not, after being asked or instructed by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We will not be liable for any loss, delay, claim or damage as a result of this AND/OR We may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to Us after We have asked. If you have breached this clause or any of your obligations under these Terms then We may do any or all of the following (as well as any other action We feel is appropriate): issue a warning to you and ask you to take certain steps; suspend your right to access Our website (either temporarily or permanently) or cancel these Terms in accordance with Clause 10. In these circumstances you are still liable to pay us for the Program.
5.4. 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.
5.5. If you do not pay Us for the Program when you are supposed to, We may suspend access to your Program with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 7.4.
If there is a problem with the Services
6.1. In the unlikely event that there is any defect with the Program:
6.1.1. please contact Us and tell Us as soon as reasonably possible;
6.1.2. you will give Us a reasonable opportunity to repair or fix any defect; and
6.1.3. We will use every effort to repair or fix the defect as soon as reasonably practicable
6.1.4. You will not have to pay for Us to repair or fix a defect with the Services under this clause 6.1.
6.2. If you are a consumer, you have additional 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 Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. Our liability to you
8.1. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any loss or failure arising from your failure to follow the instructions for the application or any inaccurate information you input into the application.
8.2. We are not liable for any act or omission, including any misrepresentation by any third parties. We cannot guarantee and give no warranty that the information supplied to us by you or anyone else is accurate or complete.
8.3. We do not exclude or limit in any way Our liability for:
8.3.1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
8.3.2. fraud or fraudulent misrepresentation;
8.3.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.3.4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
8.3.5. defective products under the Consumer Protection Act 1987.
9. Events Outside Our Control
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
9.2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
9.3.1. We will contact you as soon as reasonably possible to notify you; and
9.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
10. Our cancellation rights
10.1. If We have to cancel a Program before it is delivered. We may have to cancel your Program before the start date, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Program. We will promptly contact you if this happens.
10.2. Once We have begun to provide the Program to you, We may cancel the contract for the Program at any time by providing you with at least 30 calendar days’ notice in writing.
10.3. We may cancel your Program at any time with immediate effect by giving you written notice if:
10.3.1. you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
10.3.2. you breach clauses 13.2, 13.9, 13.10, 13.11 and 13.12.
10.3.3. persons not registered with Us use Your User ID or email to access Your program.
10.3.4. you allow anything or devices including malicious software, code, file or programme, viruses, bugs, worms, Trojan horses or similar to be uploaded to the application through the use of your User ID.
11. Information about us and how to contact us
11.1. We are a Limited Company. Our address is Nina Ross, 555 Smithdown Road, Liverpool
11.2. If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at team@ninassecret.co.uk We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail or by post to the address you provide to Us.
12. How we may use your personal information
12.1. We will use the personal information you provide to Us to:
12.1.1. provide the Program;
12.1.2. process your payment for the Program or subscription; and
12.1.3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
12.3. We will not give your personal data to any other third party [without obtaining your consent first] and will handle your information in accordance with all applicable laws and regulations.
12.4. You may wish to share your activity via social media. Our website helps you to do this.
12.5. You acknowledge and agree to be bound by the terms of our privacy and cookies policy.
13. Your Responsibilities
13.1. You will keep your User ID private and take all reasonable security precautions when using Our Services. You acknowledge that the internet is never 100% secure and that whilst We will take every reasonable precaution to protect your details and the Service, We cannot guarantee its security.
13.2. It is your responsibility to cancel any payment for a monthly subscription that you sign up for on our direct debit facility, we do not cancel payments unless we receive notification after the 2 month minimum term has lapsed.
13.2. You must not send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or transmit any data, upload or send any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs to our website.
13.3. You are responsible for reviewing the terms and conditions, privacy policy and security standards of any third party websites our website is linked to or from. We are not responsible for third party websites.
13.4. The Services we provide depend on your inputting accurate information via our website. Every effort has been made to ensure that the application is easy to use. It is your responsibility to ensure that you perform any necessary due diligence prior to inputting the information and you must ensure you input accurate information into the application and act in good faith. Please refer to clause 13 for more details of your responsibilities.
13.5. You will keep Us updated of any changes to your personal details, such as a change of address or notice to terminate you monthly subscription.
13.6. As far as is reasonably practicable, you will provide accurate and complete information when using the Program and will cooperate with our reasonable instructions.
13.7. You acknowledge that you are solely responsible for checking the terms and conditions of any existing agreements you may have in place with others. We will not be responsible for any breach, conflict or issue whatsoever that comes as a result of your Purchase from Us.
13.9. You must use Our website and the links to and from it in an appropriate and acceptable manner. We will not tolerate any use of Our website which damages or is likely to damage Our reputation, the availability or functionality of Our website or which causes Us or threatens to cause Us to incur any liability of any kind.
13.10. You may only use Our website for lawful purposes. You must not use Our website in any way that breaches any applicable local, national or international law or regulation. It is your responsibility to check that you are in compliance with local laws and regulations. You must not act in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
13.11. You must not reproduce, duplicate, copy, alter, create any derivative work from any material on Our website, or re-sell any part of Our website or access it without authority, interfere with, damage or disrupt Our website, or any related equipment, network or software. You must not restrict or inhibit the use or enjoyment of Our website by anyone else. The design and content of Our website, and the material published on it is protected by copyright and is owned by Us. All rights are reserved.
13.12. If you contribute material to Our website or link to third party sites, you agree that any material you contribute relating to Our Services will comply with all applicable laws and regulations; be factually accurate and/or will represent your genuinely held belief or opinion; not be defamatory, offensive, hateful or inflammatory; and not infringe confidentiality, or any copyright or intellectual property rights of another person. It is your responsibility to check that you can comply with your obligations under these Terms.
14. Other important terms
14.1. If Your Program is terminated for any reason your User ID will no longer be accessible by you.
14.2. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
14.3. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
14.4. Nothing in these Terms is intended to create any partnership, agency or employment relationship between you and Us.
14.5. 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.
14.6. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.7. These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.
14.8. These Terms were last modified 23 September 2015
Statutory Cancellation Right for Customers Within the European Union.
Unless one of the exceptions listed below applies, if you live in a country within the European Union, you may cancel your purchase without giving any reason within 14 days from: (i) with respect to physical products purchased, the date on which you receive the product (or for a purchase of multiple products, the day on which you received the last product); or (ii) with respect to services purchased, the date on which the purchase is made.
Exceptions: The right of cancellation described in this section does not apply if:
If you are entitled to cancel your purchase or subscription pursuant to the paragraphs above, you must inform us of your decision to cancel before the 14-day period expires. You may inform us of your decision to cancel by: (y) contacting us via nina@ninassecret.co.uk (which is the easiest and fastest method to receive your refund); or (z) completing and sending us the online web cancellation form by post or e-mail which can be found on the ninassecret.co.uk website. If you choose to cancel using the online web cancellation form, then we will send you an acknowledgement of receipt.
If you validly cancel your purchase of any products or subscriptions, we will take all commercially reasonable steps to reimburse all payments received from you for such products (including standard delivery costs (if applicable), but excluding additional costs for expedited delivery options and other additional expenses that you may choose), no later than 14 days following the day we receive the returned products or proof of postage from you evidencing that you have sent the products back within such time, whichever is earlier. If you validly cancel your purchase of any services, we will reimburse you for all payments received for such services minus a proportionate deduction for the value of the service you received or enjoyed before cancellation takes place, no later than 14 days following the day on which we are notified by you of your decision to cancel. Unless you inform us otherwise, we will issue the reimbursement to the same means of payment that was used for the initial purchase.
Where you are returning products pursuant to a cancellation, you must return such products at your own risk following the instructions above within 14 days following the date on which you notify us of your decision to cancel. You will bear the sole direct costs of returning the products and will be responsible for the safety and security of the products until they are returned. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, except to the extent reasonably necessary to ascertain the characteristics, functions or nature of the products.
You agree that we may start providing any purchased services to you immediately following conclusion of the purchase. If the service is capable of being fully performed within the cancellation period described in this Statutory Cancellation Right section, then you acknowledge that, once such service has been fully performed, you will be unable to cancel the purchase in accordance with this Section.
Please note that by purchasing digital content or purchasing a subscription to one of our ninassecret.co.uk Services that involves digital content (for example, streamed training sessions on a ninassecret.co.uk website), you will no longer have the right to cancel your purchase under the EU Consumer Rights Directive once we start to supply you with the digital content, but only if you agreed to this during purchase. Our minimum term is 2 months for subscription packages, once you have accessed the digital content.
These cancellation rights do not affect your legal rights.
Copyright 2015 Nina Ross - ALL RIGHTS RESERVED