Terms & Conditions

This agreement applies between you, the User of this Website and Simply Feeling Good the owner(s) of this Website.

Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 28 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website and associated Third Parties immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your account has been created.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Facilities: means collectively any online facilities, tools, services or information that Simply Feeling Good makes available through the Website either now or in the future;

Services: means the services available to you through this Website, specifically use of the Simply Feeling Good proprietary e-learning platform such as live session workshops, courses and trainings;

Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

Premises: Means Our place(s) of business (35 Hollands Avenue, Folkestone, CT19 6PN)

System: means any online communications infrastructure that Simply Feeling Good makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User / Users: means any third party that accesses the Website and is not employed by Simply Feeling Good and acting in the course of their employment;

Website: means the website that you are currently using (www.simplyfeeling-good.co.uk) and Simply Feeling Good integrated Zoom and Third party software accounts used within the course content provided on the website.

2. Age Restrictions

Simply Feeling Good content is directed to persons eighteen (18) years and older. By accessing and using this Website you acknowledge and agree that you are representing to us that you are over the age of eighteen (18) and you are of legal age to form a legally binding contract. Persons under the age of eighteen (18) should use this Website only with the supervision of an Adult. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of eighteen (18) and are void where prohibited by applicable law. By accepting this Agreement during the sign-up process, you represent and certify that you are legally able to enter into any and all purchase agreements with Simply Feeling Good and its partners, vendors, agents and service providers.

Payment Information must be provided by or with the permission of an Adult.

If you wish to report an account created for a person under the age of eighteen (18), please contact us at contact@simplyfeeling-good.co.uk

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Content & Intellectual Property

Simply Feeling Good respects the intellectual property rights of others and we ask you do the same. The content available on the Website and the Services generally consists of

(a) content owned by Simply Feeling Good, including but not limited to the trademarks, trade dress and “look and feel” of the Website and content created and owned by Simply Feeling Good

(b) content owned by third parties and licensed to Simply Feeling Good for specified uses on the Websites and the Services (“Third-Party Content”), and

(c) content that may be posted and/or otherwise uploaded to the Websites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Simply Feeling Good, Our affiliates or other relevant Third-Party Content. By continuing to use the Website you acknowledge that such material is protected by applicable International intellectual property and other laws.

4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store, adapt, translate, prepare derivative works of, publicly reform and publicly display or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website, or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property / License

Subject to the terms and conditions of these Terms, Simply Feeling Good grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use material from the Website, including a reasonable number of copies of any content, material or software made available by Simply Feeling Good, for non- commercial and personal use only. It may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Simply Feeling Good or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Simply Feeling Good or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. User Content / Communications Facilities

Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.

10. Prohibited Conduct10. Prohibited Conduct

The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:

10.1 Is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

10.2 Harasses or advocates harassment of another person;

10.3 Exploits people in a sexual or violent manner;

10.4 Contains nudity, violence, or offensive subject matter;

10.5 Solicits personal information from anyone under the age of eighteen (18);

10.6 Provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

10.7 Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

10.8 Violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

10.9 Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

10.10 Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

10.11 Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

10.12 Solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;

10.13 Involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;

10.14 Includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or

10.15 Contains a virus or other harmful component.

11. Live Streaming

11.1 Online, livestreamed classes and workshops are held via Zoom Cloud Meeting App. You need a device with an internet connection to join the classes.

11.2 Classes are LIVE and you may be seen or heard by other participants and teacher if you are not muted and if video is not off.

11.3 Simply Feeling Good does not guarantee connection.

11.4 Simply Feeling Good reserves the right to remove anyone entirely or mute without refund if deemed unsuitable, harmful to Simply Feeling Good or to others.

12. Accounts

12.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

12.1.1 all information you submit is accurate and truthful;

12.1.2 you have permission to submit Payment Information where permission may be required; and

12.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

12.2 Members of Simply Feeling Good may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Simply Feeling Good as fraudulent use of the Service, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. Simply Feeling Good reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

12.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

12.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

13. Termination and Cancellation of Accounts

13.1 Either Simply Feeling Good or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

13.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

14. Services, Pricing and Availability

14.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Simply Feeling Good correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 15.8 for incorrect Services.

14.2 Where appropriate, you may be required to select the required Plan of Services.

14.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

14.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

14.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

14.6 All prices on the Website include tax.

15. Orders and Provision of Services

15.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Simply Feeling Good and you.

15.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

15.4 Free Trial for Membership to Classes. We require that you provide a valid credit or debit card (“Payment Source“) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial“). Simply Feeling Good will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Simply Feeling Good reserves the right to terminate any account that is using or trying to use more than one Free Trial. Because the Simply Feeling Good service is offered in multiple time zones, for consistency, a “day“ for purposes of this Agreement. It is very important to understand that you will not receive a notice from Simply Feeling Good that your Free Trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight on the last day of your Free Trial period.

15.5 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received. Monthly Subscription: By purchasing a monthly subscription you agree to an initial pre-payment of 1 month of access and recurring monthly subscription fee at the then-current monthly subscription rate, and you accept all responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe, Simply Feeling Good will automatically process your Monthly Subscription fee in the next billing cycle. We will continue to process your Monthly Subscription fee at the set price until you cancel your subscription. You can do so by contacting us at contact@simplyfeeling-good.co.uk or after login, click or hover over the round circle of you profile in the top right corner. Click on the “Your account” link. You will then be able to see a history of your purchases and cancel your subscription. You will still have access to all classes until the end of your subscription billing cycle.

15.6 Simply Feeling Good shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

15.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

15.8 Simply Feeling Good provides technical support via contact@simplyfeeling-good.co.uk

16. Cancellation of Orders and Services

This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Simply Feeling Good or by you.

You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at contact@simplyfeeling-good.co.uk, but any such termination and cancellation will be effective only after Simply Feeling Good has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Simply Feeling Good.

Simply Feeling Good reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Simply Feeling Good shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Simply Feeling Good elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Simply Feeling Good elects to do so without cause, then Simply Feeling Good will refund any unused portion of a pre-paid subscription.

Upon suspension or termination, Simply Feeling Good shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

17. Privacy

Use of the Website is also governed by Our Privacy Policy (www.simplyfeeling-good.co.uk/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

18. How We Use Your Personal Information (Data Protection)

18.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

18.2 We may use your personal information to:

18.2.1 Provide Our Services to you;

18.2.2 Process your payment for the Services; and

18.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

18.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

18.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

19. Disclaimer of Warranties

You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Simply Feeling Good and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following:

19.1 Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. Simply Feeling Good and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third-party websites with which they are linked.

19.2 Simply Feeling Good is not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Websites and/or the Services, and/or if you use any product or service that you receive or learn about through the Websites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge Simply Feeling Good from any and all claims or causes of action, known or unknown, arising out of the foregoing.

19.3 Simply Feeling Good makes no warranty that the Websites or the Services, the Site Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components..

19.4 You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that Simply Feeling Good makes no warranties regarding the foregoing.

19.5 Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

20. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

21. Availability of the Website

21.1 The Website is provided “as is” and on an “as available” basis. Simply Feeling Good uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

21.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

22. Limitation of Liability

22.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.

22.2 Health and Medical Concerns. The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.

You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.

You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.

· After exercise do you frequently experience chest pains?

· Do you get dizzy when you exercise?

· Are you breathless after exercising?

· Do you take medication for high blood pressure?

· Do you have joint problems?

· Do you have a medical condition, which might need special attention when exercising, for example diabetes?

· Have you been physically active in the past?

· Do you have a heart condition that requires supervised physical activity?

If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

22.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

23. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

24. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

25. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Simply Feeling Good.

26. Communications

26.1 All notices / communications shall be given to Us via email to contact@simplyfeeling-good.co.uk. 

26.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

27. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Simply Feeling Good shall be governed by the laws of Simply Feeling Good owners’ home jurisdiction (United Kingdom) without regard to its conflict of law provisions.

28. International Use

Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. You acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.