These Website Terms and Terms of Business govern your use of our
website, www.thebodyful.com, (the “Website”) and your relationship with
SlainteLife (“we”, “us” or “The Bodyful”). Please read these terms
carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms of Use, please do not register as a
member, use the Website, or purchase any of our Services.
Please also see our Privacy and Data Protection Policy for information
about how we collect and use your personal data.
Ciarán Foley (nor any of its employees, agents or representatives), is
engaged in rendering medical advice, nor does it (or any of its employees,
agents or representatives) hold itself of out as qualified to do so.
We strongly recommend that you seek that you seek professional medical
advice before embarking on any diet or exercise program.
This Website provides an online personal training services through which
you can purchase live online personal training, live online classes, live
coaching calls, access the Client Hub and the Bodyful personal training
app.
These terms will apply to all users (“you”) of the Website and all
purchasers of Products.
By using the Website, or by purchasing any Products from us, you agree
to be bound by these Terms of Use.
Please note that these Terms of Use may be amended from time to time.
Notification of any changes will be made by us posting new terms onto the
Website. In continuing to use the Website you confirm that you accept the
then current Terms of Use in full at the time you use the Website.
If you do not accept the amended Terms of Use then you must cancel your
registration or subscription and the previous terms will continue to apply
pending termination.
We will offer through the Website the following products/services (the “Services”)
You can view and access the Website free of charge, however in order to
purchaser any of our Products you must register as a member.
The fees payable in respect of the products and services will be clearly
displayed on the Website.
We are SlainteLife, trading as The Bodyful a company registered in
Ireland. Our company is operated as a limited company and our
registered office is at 128 Comeragh Road, Drimnagh, Dublin 12.
When you register as a member we will ask that you provide certain
personal information including but not limited to your name, email
address, postal address, and, your payment details. Any personal
information you provide to us with will be handled in accordance with our
Privacy and Data Protection Policy which can be seen here.
On registration you will be asked to create a password. You must keep this
password confidential and must not disclose it or share it with anyone. If
you know or suspect that someone else knows your password you should
notify us by contacting support@thebodyful.com immediately.
If we have reason to believe that there is likely to be a breach of security
or misuse of the Website through your account by means of the use of
your password or otherwise we may require you to change your password
or we may suspend your account. Until we are satisfied that your account
is secure, you may not be able to access the Website.
You agree that all personal information that you supply to us will be
accurate, complete and kept up to date at all times. We may use the
information provided to us to contact you.
You have a statutory right to change your mind (without giving a reason)
within 7 days of purchasing a Product and receive a refund. This will not
apply if you have already attended any classes or sessions. Also, if have
started downloading the relevant product or content.
If you want to end your contract with us, please let us know by doing one
of the following Email us at support@thebodyful.com. Please provide your
name, home address, details of the order and, where available, your
phone number and email address. telling us of the reason you wish to
cancel.
On your purchase of the relevant Service/Product, we will grant to you, for
your own personal use only, a limited, non-exclusive, non-transferable
license to access our Website and (as the case may be):
access video on a streaming only basis
accesses our client hub
download personal training app
access and download personalised fitness plans.
You are not permitted to share any of the content licensed under these
terms with any other individuals.
Except for the foregoing limited license, no right, title or interest shall be
transferred to you.
You agree not to upload any files or post, distribute publish any files on
the Website that contain viruses, corrupted files, or malicious code or any
other similar software or programs that may damage the operation of
another’s computer.
You must not misuse the Website by knowingly introducing viruses,
trojans, worms, logic bombs or other material which is malicious or
technologically harmful. You must not attempt to gain unauthorised
access the Website, the server on which the Website is stored or any
server, computer or database connected to the Website. You must not
attack the Website via a denial-of-service attack or a distributed denial-of
service attack.
By breaching this provision, you would commit a criminal offence. We will
report any such breach to the relevant law enforcement authorities and
we will co-operate with those authorities by disclosing your identity to
them. In the event of such a breach, your membership and right to use
the Website will cease immediately.
We will not be liable for any loss or damage caused by viruses, a
distributed denial-of-service attack or other technologically harmful
material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of the Website or to
your downloading of any material posted on it, or on any website linked to
it.
Although we aim to offer you the best service possible, we make no
promise that the Website will meet your requirements. We cannot
guarantee that the Website will be fault-free. If a fault occurs with the
Website you should report it to info@thebodyful.com, and we will attempt
to correct the fault as soon as we reasonably can.
Your access to the Website may be occasionally restricted or interrupted
to allow for repairs, maintenance or the introduction of new facilities or
services or because we are unable to offer the Website for reasons
beyond our control (such as a denial of service attack). In this event we
will attempt to restore the service as soon as we reasonably can. Any such
restrictions or interruptions shall not constitute a breach by us of these
terms.
Nothing in the agreement excludes our liability arising as a result of our
negligence for:
Death or personal injury;
Fraud or fraudulent misrepresentation.
Our total aggregate liability arising in connection with our performance of
this agreement shall be limited to the greater of (i) €250 or (ii) three times
the price paid for the Products during the 1 month preceding the date on
which the claim arose.
SlainteLife (nor any of its employees, agents or representatives), is
engaged in rendering medical advice, nor does it (or any of its employees,
agents or representatives) hold itself of out as qualified to do so.
We strongly recommend that you seek professional medical advice before
embarking on any diet or exercise program.
Any exercise program, even in healthy individuals, carries risk. You have a
responsibility to exercise you own personal judgment, as well as any other
considerations, before acting on any of the content provided by us.
Where we provide you with a Personal Plan, the information contained
therein should not be regarded as or relied upon as being a
comprehensive health or exercise programme.
Accordingly any actions that you take in relation to a personal plan should
not be pursued regardless or to the exclusion of other information,
opinions or judgments that are available to you.
Any Personal Plan will have been prepared on the basis of information
provided by you. You are responsible for the accuracy of any information
that you provide to us. You are responsible for informing us of any health
issues or medical conditions when asking us to prepare a Personal Plan.
Before taking any action in relation to a Personal Plan, you must take into
account any other factors apart from the Personal Plan of which you are or
ought to be aware.
For example, we always recommend that you seek professional
medical advice before embarking on any exercise programme.
Your decisions to engage in any exercise programme should take
into account any medical or other professional advice that it
available to you as well as using your own personal judgment as
to what activity is safe for you to engage in.
The information set out in any Personal Plan may relate to certain
contexts and may not be suitable in other contexts. It is your
responsibility to ensure that you do not use the information we provide in
the wrong context.
For example, where a program was tailored for a woman who was
not pregnant, this would not be appropriate for her to use after
becoming pregnant.
You are responsible for informing us of any health issues and pre-existing
medical conditions when you ask us to prepare a Personal Plan.
Any information that we provide that does not form part of a Personal
Plan, whether obtained through our website, e-book, video course, social
media (such as Facebook, Instagram or Twitter) or otherwise, is provided
for the purposes of general information only.
While we believe that for most people, following our programmes and
methods will lead to desired results, all exercise programs depend on the
individual. Result will be affected by the effort and commitment of the
individual, however in some circumstances even where an individual
follows our program, they may not achieve the desired results. We
therefore provide no warranties of any kind, express or implied, as to:
the effectiveness any techniques, diets or programmes that we
deliver; or
the results that you may achieve as a result of following our
programs.
All testimonials contain shown on our website or in our content are real
people who have followed the plans provided by us. For the avoidance of
any doubt, however, they are not indicative of the results that you are
likely to achieve, rather they are included as examples of the results that
particular individuals have achieved.
We request that all personal information that you provide is accurate,
current and complete.
Any information which is collected using the Website including sensitive
and personal information will be held by us in accordance with our Privacy
and Data Protection Policy.
You are responsible for ensuring that the user has given the appropriate
consents.
All notices sent to you will be sent to the email address provided with your
registration details (as updated by you). By accepting these terms you
give your consent to receive communications from us by email, and you
agree that all agreements, notices, disclosures and other communications
that we provide to you by email satisfy any legal requirement that such
communications be in writing.
Any personal information that you provide to us in using the Website or as
a member will be handled in accordance with our Privacy and Data
Protection Policy which can be seen here.
By providing any content for distribution by the us (such as before and
after photographs) you expressly grant us a worldwide, royalty-free,
perpetual, irrevocable license to use, copy, store, perform, display and
distribute such content.
The format and content of the Website is protected by Irish and
international copyright, and we reserve all rights in relation to our
copyright whether owned or licensed to us and all rights are reserved to
any of our registered and unregistered trademarks (whether owned or
licensed to us) which appear on the Website.
This Website or any portion of this Website may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our express written consent. You may not
systematically extract and/or re-utilise parts of the contents of the
Website without our express written consent. In particular, you may not
utilise any data mining, robots, or similar data gathering and extraction
tools to extract (whether once or many times) for re-utilisation of any
substantial parts of the Website without our express written consent.
You shall comply with all foreign and local laws and regulations which
apply to your use of our Website in whatever country you are physically
located, including without limitation, consumer law, export control laws
and regulations.
These conditions are governed by and construed in accordance with the
laws of Ireland. You agree, as we do, to submit to the non-exclusive
jurisdiction of the Irish courts.
If you breach these Terms of Use, and we decide to take no action or
neglect to do so, then we will still be entitled to take action and enforce
our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms of Use caused by
circumstances beyond our reasonable control.
We may make changes to the format of the Website at any time without
notice.
We require that our clients be over the age of 18 or have express written
permission of their parents before we can begin a coaching arrangement.
Please do not purchase our products if you are under 18 without first
getting written permission from your parent or guardian.
SlainteLife is fully committed to ensuring the health, safety and welfare of all of our customers, employees, sub-contractors, suppliers and stakeholders. It is therefore our policy to adopt all reasonably practicable measures:
In the implementation of our Health and Safety Policy, we are also firmly
committed to ensuring that all employees, customers, sub-contractors,
suppliers and stakeholders are aware of their individual responsibility to
exercise due care and consideration in relation to themselves and those
who are working with them.
To this end individuals are instructed to: