INTRODUCTION
- This document and all attachments, links and references, forms the terms and conditions which govern the use of this website. By using this website you accept these terms and conditions, together with any amendments thereto, in full, and if you do not agree to any of the terms and conditions stipulated then you should not proceed to use this website.
- You must be over 18 years of age to use our website and by using this website or agreeing to these terms and conditions you warrant and represent to us that you are at least 18 years of age. We are not responsible or liable in any way for any loss damage injury or claim arising by virtue of the user not having attained the age of 18 years.
2. SALES POLICY
- The
purchase of all digital products, eBooks, pdf downloads and online content is
subject to the following terms and conditions. All customers, members and
subscribers are advised to review these terms and conditions carefully before
making any purchase.
- 2.2 All digital products, eBooks, pdf-downloads, resource material, videos and online content are subject to copyright protection. Every digital product, eBook, pdf-download and online content sold is licensed to a single user only. YOU are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) you purchased to any third party or person.
2.3 All transactions for purchase of intangible products, eBooks, pdf-downloads, resource material, videos and online content are made through payment gateways such as Stripe. Please refer to the Stripe terms and conditions for details or their usage policy and terms and conditions.
2.4 In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
2.5 All purchases for digital downloads, or similar, made on www.michelleshealthclass.com or members.michelleshealthclass.com are non-refundable and non- exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via the following email address to discuss a resolution; michelle@michelleshealthclass.com. We will endeavour to assist where possible without any obligation or duty to do so.
2.6 By placing an order with Michelle Kennedy trading as Michelle’s Healthclass, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed with Michelle Kennedy trading as Michelle’s Healthclass for the sale and supply of any products or services. None of these terms & conditions affect your statutory rights. We reserve the right to amend and update our terms and conditions as and when required.
3. Payments
All transfers conducted through Michelle Kennedy trading as Michelle’s Healthclass are handled and transacted through third party dedicated gateways. Please read the terms & conditions for Stripe, the payment gateway chosen for the transactions, as they are responsible for the transactions made and you hereby agree to be bound by the said terms and conditions of Stripe.
4. Cookies
Michelle Kennedy trading as Michelle’s Healthclass uses cookies. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Some ‘essential’ cookies are required for the website to operate while others may be used to gather information. For more information on cookies please see the Privacy Policy. You can manage your cookie preferences by clicking the button below:
5. ADDITIONAL INFORMATION
Michelle Kennedy trading as Michelle’s Healthclass reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
6. Website terms of use Modifications
Michelle Kennedy trading as Michelle’s Healthclass may revise these Terms and Conditions for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions.
7. RETURN POLICY
All purchases for digital downloads, or similar, made on www.michelleshealthclass.com or members.michelleshealthclass.com are non-refundable and non- exchangeable. Since the products made available here are intangible, and deemed “used” after download or opening, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via the following email address to discuss a resolution; michelle@michelleshealthclass.com. We will endeavour to assist where possible without any obligation or duty to do so.
8. PAYMENT AND CURRENCY DISCLAIMER
All payments are managed by a third-party payment gateway, Stripe. (www.stripe.com). All payment amounts are represented in EUR as this is the currency of our host country. Stripe may not provide converting transactions prices, therefore we are not liable for any discrepancies in charges for international currencies. All currency conversions and their calculations through payment are made via Stripe.
9. MARKETING
Michelle Kennedy trading as Michelle’s Healthclass reserves the right to implement remarketing and google analytics.
Michelle Kennedy trading as Michelle’s Healthclass and third-party vendors, including Google, may use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on users visits to our website. Third-party vendors, including Google, may show you our ads on sites across the internet. You can manage your cookie preferences by clicking the button below:
10. PARTICIPATION DISCLAIMER/WAIVER
10.1 By participating in any of the programs, resources or materials on www.michelleshealthclass.com or members.michelleshealthclass.com you are agreeing to the following;
10.2 You understand that the program is voluntary. You understand that the exercise and/or nutrition guides, programs, resources and materials are designed for those individuals who do not have medical limitations regarding exercise/diet.
10.3 You understand that you have the complete right to stop or decrease exercise at any time during a session/workout, and that it is your obligation to notify your physician or seek medical attention immediately if you develop any symptoms such as fatigue, shortness of breath or chest discomfort etc.
10.4 You realise that participation in programs including, inter alia, exercising, use of exercise equipment and strenuous exertion (strength/resistance training) all of may or may not increase heart rate and body temperature.
10.5 You understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopaedic or other bodily injury. You understand that part of the risk involved in undertaking any activity or program is relative to your own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which you conduct yourself in that activity or program.
10.6 Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, you hereby expressly assume all of the risks of injury, all other possible risk of injury, and even risk of possible death, which could occur by reason of your participation.
10.7 You hereby waive, release and forever discharge Michelle Kennedy trading as Michelle’s Healthclass from any and all responsibilities or liability for any present and future injuries or damages resulting or arising from your participation in any activities including but not limited to use of exercise/nutrition guides, exercise/nutrition programs resources or materials, or use of equipment including any injuries and damages caused by the negligent act or omission of any of those persons or entities mentioned above.
10.8 Please consult with your doctor before, during and after participation in any physical activity programmes/nutrition programmes and services. Any information provided is not to be followed without consent from your doctor. If you choose to use any information without the prior consent of your doctor, you are agreeing to accept full responsibility for your decision.
11. Billing Terms
General
- Michelle Kennedy trading as Michelle’s Healthclass offers services, programs and digital products.
- All purchases are subject to our Terms of Service.
- Different pricing plans may be offered depending on Your location or place of purchase.
- The purchase fee will apply regardless of how much or how often You access or use Your product/program.
12.1 Purchases
- All website purchases are processed securely via Stripe -a third party payment gateway provider. You must refer to their terms and conditions for additional information.
12.2 Payment
- Payment must be made at the time of purchase and before You have access to Your materials and Member Area.
13. Governing Law
- The laws in force in Ireland govern these Michelle Kennedy trading as Michelle’s Healthclass Billing Terms.
14 .Copyright Notice
Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
15. Permission to use website
15.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website[ for your own personal and non-commercial use][, providing that such printing is not systematic or excessive];
(d) [stream audio and video files from our website[ using the media player on our website]]; and
(e) [use [our website services] by means of a web browser],
subject to the other provisions of these terms and conditions.
15.2 Except as expressly permitted by the provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
15.3 You may only use our website for your own personal purposes; you must not use our website for any other purpose.
15.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
15.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
15.6 You may redistribute our newsletter in print and electronic form to any person.
15.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
16. Misuse of website
16.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
16.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
16.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
17. Registration and accounts
17.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website may send to you.
17.2 You must not allow any other person to use your account to access the website.
17.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
17.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
18. Cancellation and suspension of account
18.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion with or without notice to you.
18.2 We may cancel an account if it remains unused for a continuous period of 24 months.
18.3 You may cancel your account on our website using your account control panel on the website.
19. Our rights to use your content
19.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
19.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
19.3 You grant to us the right to sub-license the rights licensed.
19.4 You grant to us the right to bring an action for infringement of the rights licensed.
19.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
19.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
19.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
20. Rules about your content
20.1 You warrant and represent that your content will comply with these terms and conditions.
20.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
20.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
21. Limited warranties
21.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
(e) that the services and products you avail or are suitable and appropriate for use by you
21.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
21.3 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Section 22
22.1 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
22.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
22.3 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
22.4 We will not be liable to you in respect of any loss or corruption of any data, database or software.
22.5 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
22.6 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
23. Breaches of these terms and conditions
23.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
23.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
24. Variation
24.1 We may revise these terms and conditions from time to time.
24.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.
25. Assignment
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
26. Severability
26.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
26.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
27. Third party rights
27.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Interpretation
Billing Terms means these billing terms and conditions outlined herein including any additions or variations of these Michelle Kennedy trading as Michelle’s Healthclass Billing Terms made by Us;
Payment Method means the payment details nominating the account or process by which a customer agrees to pay for the Products
Products means any item including, goods, services, digital products, eBooks, downloads, resource material, online content, and other similar content sold by Us to you or a customer or a member or a subscriber.
Terms of Service refers to and includes Our Privacy Policy, Returns Policy and Disclaimers which can be viewed at https://members.michelleshealthclass.com or www.michelleshealthclass.com including any additions or variations to these policies and disclaimers made by Us;
Terms and conditions of use refers to and includes our Terms of Service, our terms and conditions as contained herein and Terms and conditions of Stripe and all ancillary, supplemental, amended or substituted terms as may be added from time to time,
We or Our or Us refers to Michelle Kennedy trading as Michelle’s Healthclass
You or Your refers to you, the customer, subscriber or member.