Terms and Conditions
The following terms and conditions (the “Terms”) shall apply to all work undertaken by We Got This and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms.
Definitions
1.1 "Client" is the party at whose request, or on whose behalf, the Company is appointed to undertake the Services;
"Company" is We Got This. A food and fitness coaching business.
Contact us by emailing info@wegotthis.coach
Website Our website address is www.wegotthis.coach
"Disbursements" means any costs incurred by the Company while providing the Services.
"Fees" means the fees payable by the Client to the Company in accordance with clause 4.1 below including any Value Added Tax, where applicable, and any Disbursements.
“Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
“Premises” means the premises in respect of which the Company is appointed by the Client to undertake the Services;
“Report" means any report, advice or statement prepared by the Company in connection with the provision of the Services.
“Services” shall be those services set out in the Schedule to these Terms. Our services provide health and wellness coaching.
Our “contract with you/the client”
2.1 Order Process. Whether being referred by a friend/family or finding us via marketing or digital media (website/social media/marketing) once you have made an initial contact via email/website or phone we will provide additional information and then arrange a phone consultation to see if the We Got This! Services and programmes are suitable for you. If you would like to proceed with our services, you will need to pay the initial prepayment/deposit (more details below). This payment constitutes the order. Our acceptance of your order will be sent in writing via an email to confirm receipt of initial payment, at which point a contract will come into existence between you (client) and We Got This! (us).
Schedule to these terms
Services – for food and fitness online coaching.
Fitness programmes are offered through the subscription of a 3rd-party fitness app and the Company's shared digital media channels. Food advice and tips is offered by the Company via our digital media channels (including WhatsApp, social media, website and email).
Being part of a small WhatsApp group with other subscribers of the Services. All content is to promote health and wellness. In addition, 1-2-1 private check-ins and bespoke coaching from our coaches delivered 1x per week via WhatsApp private group.
Coaches on the WhatsApp group and private What’sApp group are contactable by each participant to offer advice and tips, subject to the provisions of these terms and conditions. Any advice provided by the coaches shall relate solely to empowering women to realise and sustain their weight and fitness goals. All goals should promote healthy living. We also are serious in ensuring all participants are held responsible for only sharing content on promoting healthy living too.
We are contactable Monday- Friday 8.30am – 20:30 and Saturdays 10:00am – 14:00 (London, UK time). We aim to respond to any queries within four hours, although time shall not be of the essence for the purposes of these terms and conditions. Holidays may vary.
You are solely responsible for any content you upload, post, or share via WhatsApp or other digital means relating to our Services. We reserve the right to remove, delete, block, or rectify such content at our discretion. You agree to indemnify and hold us harmless against all liabilities, claims, demands, actions, costs, expenses, losses and damages that we incur arising from such content being shared by you.
Providing the Services
Duration of Services. The Services shall last a minimum of 12 weeks. The Services are on a subscription basis. After the initial 12 week term, you may cancel the Services upon providing the Company two weeks notice in writing via email or private What’sApp.
We may provide you with access to third-party tools (such as fitness and food thirty-party apps or other) which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools on an “as is” basis without any warranties or representations and without any endorsement. We shall have no liability arising relating to your use of the third-party tools. Any use by you of optional tools offered entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider (s). In the future, we may offer further tools and resources and they would be subject to the same terms of use.
Scope of Work
The Company shall provide the Services to the Client at such time as are agreed in advance between the parties and confirmed in writing by the Company.
Fees
3.1 The Fees for providing the Services are set out in a proposal which will remain open for acceptance by the Client for a period of [30] days.
3.2 Should the Client require the Company to carry out any work in addition to the Services, additional fees will be payable and the Company will advise the Client accordingly prior to carrying out any such additional work.
Payment Terms
The Services shall be paid on a weekly, subscription basis. The price for the Services (which includes UK VAT, where applicable) will be the price detailed in your offer email with instructions on setting up your payments as you place your order. Company shall ask payment from the Client for the Fees and the Client shall make payment not later than 21 days/ or prior to the programme start date.
Payment of the Fees must be made by electronic payment and sent directly to your preferred form of electronic correspondence. This will enable you to make the required payment under these terms and conditions. The Services are provided on a subscription related basis.
Payment must be made in full to obtain the We Got This! food and fitness coaching services.
Outstanding payment. You shall immediately pay to us all amounts outstanding from yourself to us for the Services upon the contract being ended for whatever reason. We may suspend your Services if you do not pay when you are supposed to. Suspension of Services shall include, but is not limited to, your food and fitness coaching for healthy living, and this will be placed on hold and temporarily removing you from any WhatsApp group until payment has been resolved.
We may suspend or end the contract if you do not make payment to the Company when it is due and you still do not make payment within14 days of us reminding you that payment is due.
The Company shall invoice the Client for the Fees and the Client shall pay any such invoice not later than 21 days following the date of the invoice.
5.2 Payment of the Fees must be made by electronic payment.
5.3 Pre-Payment/Deposit. An initial payment of £50.00 (GBP) must be paid by you in order to secure the Services being provided under these terms. The payment is not refundable. Once the payment has been received, your place and start date will be confirmed to you by the Company in writing.
Client’s Obligations
6.1 The Client shall:
co-operate with the Company in all matters relating to the provision of the Services;
provide, in a timely manner, such information as the Company may reasonably require, and ensure that it is accurate in all material respects.
In order to effectively manage your progress as part of the Services to you, we will require you to provide us with information when requested related to your weight, eating, drinking and exercise activities on a weekly basis. In addition, we will require you to undertake a medical/personal questionnaire that you will need to complete to the best of your knowledge and keep us updated if any changes to your medical and personal information. If this information isn’t completed we may need to end the contract. We will not be responsible for responding to you late unless you provide us with the information we need within a reasonable time of the Company asking for it.
Not commit a material breach of these terms and conditions, including but not limited to, using the Services in a way which we deem, in our discretion, to be inappropriate, offensive, or in any way in violation of these terms and conditions.
6.2 If the Company's performance of its obligations under these Terms is prevented or delayed by any act or omission of the Client,, the Fees shall remain payable, and the Company shall not be liable for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
Conditions and Limitations of Services
6.4 All Services provided are intended only for use by the Client and only for the purpose of providing recommendations as to ways to improve wellbeing through food and fitness coaching. The Company accepts no responsibility for any use of a Service otherwise than in accordance with this clause 6.4.
6.5 The Company cannot be held responsible for delays outside our control. If our Services are delayed (for example not responding to a written query within the timeframe set out) by an event outside our control then we will contact you as soon as possible to let you know. We will not be liable for delays caused by the event.
Force Majeure
The Company shall not be responsible for any loss, damage, delay or failure in performance whatsoever hereunder arising or resulting from act of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; nuclear, chemical or biological contamination or sonic boom; any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; collapse of buildings, fire, explosion or accident; interruption or failure of utility service.
Intellectual Property
All Intellectual Property Rights and all other rights in any Reports or otherwise resulting from the provision of the Services to the Client shall at all times remain the property of the Company. The Company licences any such rights to the Client free of charge on a non-exclusive worldwide basis to such extent as is necessary to enable the Client to make reasonable use of the Services.
8.1 You shall only use any of the content provided in our Services for your own personal and non-commercial use only. You shall not copy, download, share, modify, translate, transform, publish, transmit, sell, sub-licence, edit, transfer/assign to third parties.
Limitation of Liability – Your attention is particularly drawn to this clause.
9.1 Nothing in these Terms limits or excludes the Company’s liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or breach of terms implied by section 2 of the Supply of Goods and Services Act 1982 or any other liability which cannot be limited or excluded by applicable law.
9.2 The Company’s total liability to the Client whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to the amount of any Fees paid by the Client to the Company.
9.4 The Company shall have no liability to the Client in respect of any claim against the Company unless the Client notifies the Company in writing of the claim within 12 months from the date on which the events giving rise to the claim occur.
9.5 We are not medical professionals and nothing provided through our Services should be misconstructed to mean otherwise. The Services are not suitable for professional medical care or diagnosis and we have no responsibility or liability for your medical condition. All nutrition and exercise guidance provided as part of the Services will be performed entirely at your own risk and, by agreeing to these terms, you agree that you have sought clearance from your doctor (or other professional healthcare provider) first. You acknowledge that there is potential risk of personal injury by following guidance provided as part of the Services, you do so at your own risk and you do so of your own free will and accord. You must consult your doctor (or other professional healthcare provider) immediately in the event of injury, illness, arising from the Services or otherwise.
9.6 Success or results from the Services are different and unique for every individual. We cannot guarantee specific weight loss, weight gain or weight management results or fitness outcomes for any recipient of the Services.
10 Cancellation of Services
10.1 You do not have the right to cancel the Services during the initial 12 week period. The Services are provided for a minimum of 12 weeks with no cancellation rights or refunds provided during this period. You can cancel the Services at any time after the 12 week subscription payment period has elapsed upon providing 2 weeks written notice via email info@wegotthis.coach
10.2 You have the legal right to change your mind within14 days and receive a refund of the deposit/prepayment fee. These rights are under the Consumer Contracts Regulations 2013.
10.3 Placing the Services on hold You are able to hold Services only once for a maximum of two weeks, provided that you shall only be able to place the Services on hold after the initial 12 week subscription period has elapsed and not before.You will need to confirm the dates you want the Services to go on hold for by emailing info@wegotthis.coach. Your subscription for the Services shall automatically resume once the two week hold period has elapsed.
Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
11 Our website address is www.wegotthis.coach. We are not responsible if the information made available on our website is not up to date, accurate or complete. The content on our website is meant for information only. Any reliance on the content on our website is at your own risk in terms of making your own decisions. Our website is not intended for individuals under the age of 18. If you are the parent or guardian and believe that your child has provided us with personal information, please contact us on info@wegotthis.coach so that we can delete this information.
12 Your personal information. We will only use your personal information as set out in the privacy policy. Your photos will not be used for any promotional purposes unless you have consented for us to use them. You have the right to change your mind regarding this at any time by contacting us by email on info@wegotthis.coach
12.1 We will not send unsolicited marketing material to the email address you have provided us with. As part of our Services, you may receive emails from the Company like newsletter, updates, and related products or services on occasion. You have the right to withdraw consent to receiving this information at any time by contacting us by email on info@wegotthis.coach
Entire Agreement
These Terms and the proposal attached thereto constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the attached proposal. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Nothing in this clause shall limit or exclude any liability for fraud.
Your acceptance of these terms. By paying for the Services, you signify your acceptance of these terms and conditions. Your continued use of the Services following the posting of any changes to these terms and conditions will be deemed your acceptance of those changes. You agree to review these terms (available on our website) on a regular basis as these may be made without notice. We may transfer this agreement to someone else and transfer our rights and obligations under these terms to another organisation.
You will need our consent to transfer your rights to someone else. Nobody else has any rights under this contract. This contract is between you and us (the Company).
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.
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, 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 Services, we can still require you to make the payment at a later date.
Governing Law and Jurisdiction
14.1 This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
14.2The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.