TERMS AND CONDITIONS

9th November 2020

 

WHO WE ARE

https://courses.formscore.today/ and the trading name Winter Wellness are operated by Form Movement Ltd, a UK Limited company registered in England under company number 12382905.

Our registered office is at 71-75 Shelton Street, London, WC2H 9JQ.

 

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Form Movement Ltd (“Form” “we,” “us” or “our”), concerning your access to and use of the website  https://courses.formscore.today/ as well as any other media form, media channel, mobile website or application related, linked, or otherwise connected thereto (collectively, the “Site”).

 

To access the Services, you are required to register with the Site. The Site and the Contents are delivered by http://www.kajabi.com/ , an online content delivery platform.  By registering with the Site, you also expressly agree to the Terms and Conditions and Policies of www.kajabi.com which can be found here

 

You agree that by signing up for a Winter Wellness plan, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and the Content and you must discontinue use immediately.

 

Depending on the choices and selections you make, supplemental terms and conditions may apply and be contained on the Site. All such additional terms, guidelines, and rules, including our Privacy Policy as defined below, are expressly incorporated by reference into these terms of use (together, these “Terms”). We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

 

We will notify you about any changes to these terms. 

 

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

OUR SERVICES

You may sign up for a Free Plan, Individual Plan, or Corporate Plan on the Site.  When you select to sign to a plan, we will provide you with the service described below (the “Service” or ”Services”):

 

  1. A 12-week course of pre-recorded video content, written and spoken word material focused on exercise, sleep, nutrition, stress management, financial wellness, social connections, parenting, sense of purpose, and helping others (“the Content”).
  2. The ability to comment on Content online. This information will not be shared publicly but by making a comment, you agree for this information to be shared with Us and other users of the Site and identifiable to you.
  3. We work to protect the safety and security of users by dealing appropriately with violations of our Terms and inappropriate behaviour. We prohibit the misuse of our Services, abusive conduct towards others, and violations of our Terms. We reserve the right to take appropriate action by removing such people or activity or contacting law enforcement.
  4. All Content may not be immediately available but released on a rolling basis at our discretion.
  5. We reserve the right to decide when to terminate access to the Content but it will not be before the 9th May 2021.
  6. Depending on the selection you make, payment may be required for access to the Content.
  7. You may request the deletion of your account and subscription at any time by contacting [email protected].
  8. Any Content, advice, or other information on the Site is intended for general information purposes only. We do not provide medical or health advice. We do not offer diagnostic or therapeutic services or guarantee any therapeutic benefit.
  9. The Content is not intended to be relied upon and is not intended to be a replacement for professional clinical advice based on your individual condition and circumstances. If you believe you have a medical emergency or injury, you should call your doctor or the emergency services immediately.
  10. We do not accept any liability for any injury that occurs as a result of your use of the Site and its Contents.

 

AGE RESTRICTION

These Terms are the terms and conditions that govern your access to, and use of, the Site. This Site is not intended for users under the age of 18 and you should not use the Site (and/or accept these Terms) if you are below this. You must not use this app if you are under the age of consent for data collection in the country you reside in. 

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all website design, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

  1. all registration information you submit will be true, accurate, current, and complete; 
  2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
  3. you will not share your account information with any other party;
  1. you will not use the Site for any illegal or unauthorized purpose including but not limited to behaviour that is defamatory, illegal, abusive, intimidating, harassing, hateful, harmful, racially or ethnically offensive, obscene, or impersonate another user;
  1. you have the legal capacity and you agree to comply with these Terms and Conditions;
  2. you are not under the age of 18;
  3. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  4. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  5. your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware of these Terms and Conditions no longer govern.

 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: 

(1) monitor the Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise all content that violates these Terms and Conditions;

(4) otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

 

PRIVACY POLICY

We care about data privacy and security. CLICK HERE to review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United Kingdom.

 

If you access the Site from the United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Site, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

 

We do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 18 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

 

DISCLAIMER

WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT DISRUPTIONS, IMPERFECTIONS, OR DELAYS. YOU USE THE SITE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

OUR LEGAL RESPONSIBILITY TO YOU

  • We will use reasonable care and skill in our delivery of Services to you.
  • We are not liable for commercial losses. If you use the Site 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.
  • No liability for user interactions. Your interactions with other Site users are strictly between you and such users. We do not control your interactions with other Site users and you agree that we will not be responsible for any loss or damage incurred as a result of interactions with other users.
  • No liability for user-generated content. We do not control user-generated content, you acknowledge and agree that we are not responsible for any user-generated content, and we make no guarantees regarding the accuracy, suitability, or quality of any user-generated content.

 

Nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law.

 

 

 

APPLICABLE LAW

These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.