These Terms will apply to any contract between us for the supply of the Programme to you (Contract). Please read these Terms carefully and make sure that you understand them, before subscribing to the Programme from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to subscribe to the Programme.
Once you access the members’ area online, you will be liable to pay us the subscription charges from that time until cancellation. Please see clause 7 for further detail on your cancellation rights.
1. INFORMATION ABOUT US
1.1 We operate the websites Rosemaryconleyonline.com and rosemaryconley.com. We are Digital Wellbeing Limited trading as Rosemary Online. We are registered in England and Wales under company number 09043016 and have our registered office at The Courtyard, Shoreham Road, Upper Beeding, Steyning, West Sussex, NB44 3TN
1.2 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 03301330330 or by post to Digital Wellbeing Limited, The Cheqair Office Suite, Wellesley Road, Tharston, Norfolk, NR15 2PD . If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team on 03301330330 or by writing to Rosemary Online, The Cheqair Office Suite, Wellesley Road, Tharston, Norwich, Norfolk NR15 2PD or by e-mailing us at firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by prepaid post to the address you provide to us in your order.
2. USE OF OUR SITE
3. YOUR PERSONAL INFORMATION AND HOW WE USE IT
3.2 You agree to maintain and properly update the Subscription Information and to keep it accurate. If any information is untrue, inaccurate or incomplete or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account and/or subscription to the Programme.
3.3 You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known (or suspected) or unauthorised use of your user account.
3.5 We will hold your personal health and wellbeing information collected in the health and wellbeing screening section of the site required for insurance purposes to a maximum of three years after the subscription has ended at which point all personal health and wellbeing data will be deleted.
4. HEALTH DISCLAIMER
4.1 Our Programme is only intended for use by healthy adults and is not intended for use by pregnant women, individuals under the age of 18 years old or anyone who has a medical condition.
4.2 Before starting any weight loss or reduction programme, you should seek medical advice before beginning any weight loss programme, including our Programme.
4.3 We are not a medical organisation and we cannot give you medical advice or diagnosis. Nothing contained in our Programme or on our website should be construed as advice or diagnosis.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to subscribe to the Programme. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when we send you this order confirmation.
6. OUR RIGHT TO VARY THESE TERMS AND OUR RIGHTS TO CANCEL
6.1 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and or
(b) for business purposes.
6.2 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6.3 We will use reasonable efforts to give you 4 weeks’ notice if we wish to terminate the provision of the Programme to you. If we terminate, we will not collect any further charges from you and we will provide you full refunds for any fees you have paid for the Programme after we terminate the Programme.
7. YOUR RIGHT CANCELLATION
7.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to continue with the Programme, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens'Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date on which we e-mail you to confirm our acceptance of your order, which is when the Contract between us is formed. Your deadline for cancelling the Contract is the day 14 days after the Contract is formed.
7.3 If you chose to start using the Programme during the cancellation period (by entering the members’ homepage) you do not lose your right to cancel your subscription to the Programme during the 14 day cancellation period, but we may charge you for the period from starting the Programme to the date of cancellation (inclusive).
7.4 After the cooling off period of 14 days, you can cancel your monthly subscription to the Programme at any time by giving us one months’ notice.
7.5 Subscriptions to the Programme will automatically renew at the end of the initial subscription period at the standard rate as advertised on our website from time to time for whichever membership type had been previously subscribed to and we will continue to deduct the subscription fee from your credit or debit card at the appropriate frequency until you cancel.
Subscribers to the Programme for Quarterly and Annual memberships will be emailed no later than 14 days before renewal to enable you to extend your membership choosing an alternative subscription period. Where you revert to a monthly membership, we will continue to deduct the appropriate subscription fee from your credit or debit card every month until you cancel. Where no alteration to a Quarterly or Annual subscription is made we will automatically renew your subscription at the end of the initial subscription period at the standard rate as advertised on our website from time to time for whichever membership type had been previously subscribed to and we will continue to deduct the subscription fee from your credit or debit card at the appropriate frequency until you cancel.
7.6 If you cancel your Contract in accordance with this agreement, we will refund you the price you paid for the Programme (less any period that you have used it). We will refund you on the credit card or debit card used by you to pay.
7.7 Because you are a consumer, we are under a legal duty to supply the Programme in conformity with this Contract. As a consumer, you have legal rights in relation to services, such as the Programme, that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8. PRICE OF THE PROGRAMME
8.1 The price of the Programme will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of the Programme are correct at the time when the relevant information was entered onto the system.
8.2 Prices for the Programme may change from time to time, but changes will not affect any period for which you have already paid. If we change our prices, we will give you at least 30 days’ notice and you may choose to cancel your subscription at that time on written notice to us.
8.3 The price of the Programme includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Programme in full before the change in VAT takes effect.
9. HOW TO PAY
9.1 You can pay for the Programme using a debit card or credit card. We accept the following cards: Visa, Mastercard and JCB.
9.2 Payment for the Programme is charged in advance for the initial period you agree to when signing up and then continues until cancelled in accordance with clause 7.
10. OUR LIABILITY
10.1 We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are responsible only for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, 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.
10.2 We only supply the Programme for domestic and private use. You agree not to use the Programme for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 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 or impossibility of the use of the internet, railways, shipping, aircraft, motor transport or other means of public or private transport.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract 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 delivery of the Programme to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us and we will refund the price you have paid.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 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.
12.6 These Terms are governed by English law. This means a Contract for the purchase of the Programme through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.