Client agreement/terms of purchase
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you
(the Customer or you). We are Charlotte Brawn Fitness of 85 St Neots
Road, Sandy Bedfordshire, SG19 1BP with email
address hello@charlottebrawn.com (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By purchasing this program/coaching service, you will be asked to agree to these Terms and Conditions by digitally signing.
Interpretation
4. Consumer/client: the person or company/business purchasing the Program/coaching
5. Contract means the legally-binding agreement between you and us for the supply of the Services; the contract between Charlotte Brawn Fitness/I Heart My Fit Biz and the Client for the supply of a Program comprising of the Order and these Conditions: The Materials: all documents, guides, booklets, digital products, content on members website and any other proprietary information relating to the Program which are provided by Charlotte Brawn Fitness/I Heart My Fit Biz to the Client
6. Commencement date: the date that the program/service commences provision of the Program to the Client in accordance with clause
7. Fees: the fees payable by the Client for the supply of a Program in accordance with clause
8. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
9. Goods: all documents, guides, booklets, digital products, content on members website and any other proprietary information relating to the Program which are provided by Charlotte Brawn Fitness/I Heart My Fit Biz to the Client
8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Discovery call;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal
information received from you via the Website; https://simplero.com/privacy-policy.
10. Services means the services advertised on the Website, including any Goods, of the number and
description set out in the Order;
11. Website means our website www.iheartmyfitbiz.com on which the Services are advertised.
Services
13. The description of the Services and any Goods is as set out in the Website, webinar, discovery call or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies and updates in the online services provided
14. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer responsibilities
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised
employees and representatives with all information required to perform the Services and obtain any
necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
18. When registering to use the Website you must set up a username and password. You remain
responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
19. We retain and use all information strictly under the Privacy Policy.
20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale/Contract
21. The description of the Services in our website does not constitute a contractual offer to sell the
Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
23. The Contract constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Charlotte Brawn Fitness/I Heart My Fit Biz which is not set out in the Contract. These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Charlotte Brawn Fitness/I Heart My Fit Biz is under a legal duty to supply goods that are in conformity with the contract;
24. Any sample materials, descriptive matter or advertising issued by Charlotte Brawn Fitness/I Heart My Fit Biz, and any descriptions or illustrations contained in Charlotte Brawn Fitness/I Heart My Fit Biz’s website or brochures, are issued or published for the sole purpose of giving an approximate idea of a Program and the Programs offered by Charlotte Brawn Fitness/I Heart My Fit Biz. They will not form part of the Contract or have any contractual force.
25. The client agrees that if they access or use the program materials supplied with the service before the end of a period of 14 days from the Commencement Date of the program they then understand and agree with explicit consent that the right to cancel the contract will be lost. The client understands that they will need to contact hello@charlottebrawn.com if they maintain their rights to cancel.
26. The Commencement Date of the Program is the date on which these Terms and Conditions are signed, and the Client therefore gains access to the Program (irrespective of whether they do access the program on that same day)
27. As the Client is entering into the contract for a reason wholly or partly connected to business (whether that business is a limited company, partnership, sole trader, freelancer or any other kind of business entity in relation to a profession for the purpose of acquiring clients and running a business) then consumer protection law does not apply. Terms deemed unfair under consumer protection law would not generally be deemed unfair in a business to business context. The Client understands they are entering into the contract for the purpose of business and will therefore be deemed as a business for matters of contract law.
28. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date unless we expressly withdraw it at an earlier time.
25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
28. The Fees for the program are outlined in the discovery call and invoice. Once collected no further
payments to be taken (or any agreement made with a finance company in accordance with payment for the program. The fees will remain payable by the client even if the Client does not complete, access, or use the entire Program. The program fees are non-refundable Fees and charges include VAT at the rate applicable at the time of the Order.
29. You must pay by submitting your credit or debit card details with your Order and we can take
payment immediately.
30. The Client will pay all amounts due under the Contract in full without any deduction or withholding and the Client will not be entitled to assert any credit, offset or counterclaim against Charlotte Brawn Fitness/I Heart My Fit Biz in order to justify withholding payment of any such amount.
31 Charlotte Brawn Fitness/I Heart My Fit Biz reserve the right to continue processing payments for any outstanding monies using any of the Client’s card details held on the Clients account.
32. Failure to make payment in a timely and collaborative fashion may result in your details and contract being handed to a 3rd party debt collection agency which may affect your credit rating and potential to get future credit
The Programs
33. Charlotte Brawn Fitness/I Heart My Fit Biz will supply a Program to the Client and Charlotte Brawn Fitness/I Heart My Fit Biz warrants to the Client that such Program has been prepared using reasonable care and skill. Charlotte Brawn Fitness/I Heart My Fit Biz provides no guarantee that a Program will provide any results for the Client. Charlotte Brawn/Sweet Petite Fitness makes no claims or representation that by using Charlotte Brawn Fitness/I Heart My Fit Biz (selected program delivered) the Client will earn money or make their money back. Testimonials shown on the Charlotte Brawn Fitness/I Heart My Fit Biz website are real people. The Clients experience will vary based on the Clients level of effort, how hard they work, how much of what Charlotte Brawn Fitness/I Heart My Fit Biz recommend they implement and how closely they follow the process laid out by Charlotte Brawn Fitness/I Heart My Fit Biz. The Client accepts they are fully
responsible for all decisions made relating to their business and acknowledges Charlotte Brawn Fitness/I Heart My Fit Biz have no control over what they do and don’t do.
34. Charlotte Brawn Fitness/I Heart My Fit Biz are not affiliated with Facebook (or any other social media platform mentioned) in the program in any way and have no control over Facebook. Charlotte Brawn Fitness/I Heart My Fit Biz accepts no liability for Facebook’s actions including but not limited to account closure, suspension, negative commentary on adverts, costings, changes to layout, processes, budget allocation.
35. Charlotte Brawn Fitness/I Heart My Fit Biz will use reasonable endeavours to meet any dates in relation to supporting the program but any such dates will be provisional only and may be subject to change at the discretion of Charlotte Brawn Fitness/I Heart My Fit Biz, with no liability attaching to Charlotte Brawn Fitness/I Heart My Fit Biz in respect of such changes.
36. Charlotte Brawn Fitness/I Heart My Fit Biz will have the right to make any changes to the support of a Program which do not affect the fundamental nature of the Program
37. The Client shall (and shall ensure all Authorised Affiliates and Authorised Users shall) at all times
comply with all applicable laws relating to the use or receipt of the Program, including laws relating to privacy, data protection and use of systems and communications.
38. The Client and Charlotte Brawn Fitness/I Heart My Fit Biz acknowledge that the Program consists of the pre-recorded training videos the Client are provided access to from the Commencement Date of the Program. The Client shall have access to the training videos (including any updates) for the life time of the Client as long as the company is still in operation. Any other materials, access or support provided (including but not limited to Q and As, Q and A recordings, support given through Members site intercom service, personalised videos, calls, zooms or communication with Charlotte Brawn Fitness/I Heart My Fit Biz through any other CRM system or communication method) is designed to support the Client’s use of the Program and does not constitute part of the Program itself.
39. The Client may submit coaching help requests via the Members Area and can expect a response
within 2-5 working days depending on the nature of the request. The response may be provided by any member of the Charlotte Brawn Fitness/I Heart My Fit Biz team.
40. Please check what your specific Program consists of by visiting www.iheartmyfitbiz.com
Client’s Commitments
41. The client will: a)ensure that the terms of the Order are complete and accurate; b)cooperate with Charlotte Brawn Fitness/I Heart My Fit Biz in all matters relating to a Program; c) pay the Fees strictly in accordance with the payment schedule set out in the Order; d) provide Charlotte Brawn Fitness/I Heart My Fit Biz with such information and materials as Charlotte Brawn Fitness/I Heart My Fit Biz may reasonably require in order to support a Program and ensure that such information is accurate in all material respects;
(e) not use a Program or Charlotte Brawn Fitness/I Heart My Fit Biz Materials for any purpose other than that which has been expressly authorised under the Contract, nor will it compete or seek to compete, either directly or indirectly, with the business of Charlotte Brawn Fitness/I Heart My Fit Biz at any time (f) respect the privacy rights of any other participants in a Program; g)permit Charlotte Brawn Fitness/I Heart My Fit Biz to
use any examples of the clients in the online updated curriculum or in Charlotte Brawn Fitness/I Heart My Fit Biz marketing (h) with the Clients Permission, the Client permit Charlotte Brawn Fitness/I Heart My Fit Biz to include information or video footage highlighting any benefits which the Client’s business has obtained from using a Program and in this regard, the Client hereby grants to Charlotte Brawn Fitness/I Heart My Fit Biz
a royalty-free, perpetual license to use any intellectual property rights of the Client for this purpose.
42. If Charlotte Brawn Fitness/I Heart My Fit Biz’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the client or failure by the Client to perform any obligation (Client Default), Charlotte Brawn Fitness/I Heart My Fit Biz, without limiting its other rights or remedies, will (a) have the right to suspend offering support of a Program until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays Charlotte Brawn Fitness/I Heart My Fit Biz’s performance of any of its obligations, and (b) not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Charlotte Brawn Fitness/I Heart My Fit Biz’s failure or delay to perform any of its obligations as set out in this clause
Withdrawal and cancellation
Right to cancel
43. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
45. The cancellation period will expire after 14 days from commencement date of the program
46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg email). You must be able to show clear evidence of when the cancellation was made.
48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Intellectual Property Rights
49. All intellectual property rights in or arising out of or in connection with a Program and Charlotte Brawn Fitness/I Heart My Fit Biz’s Materials will be owned by Charlotte Brawn Fitness/I Heart My Fit Biz. Charlotte Brawn Fitness/I Heart My Fit Biz hereby grant the Client with a revocable, nonexclusive royalty free licence to use Charlotte Brawn Fitness/I Heart My Fit Biz’s Materials for the duration of a Program.
Limitation of Liability and Disclaimers:
50. Charlotte Brawn Fitness/I Heart My Fit Biz will under no circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract.
51 Charlotte Brawn Fitness/I Heart My Fit Biz does not provide any legal, tax, financial or accounting advice and any information provided to the Client as part of a Program is not intended to constitute such advice
Duration & Termination
52. The Contract will last until both parties have fulfilled their obligations relating to the contract. The Client has access to the training videos for their lifetime or the lifetime of the Company [minimum 10 years]
Privacy, Data & Information
53. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
54. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://simplero.com/privacy-policy)
71. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,
including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data while providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
b. we will only Process Personal Data for the purposes identified.
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organizational measures to ensure your Personal Data is secure.
74. For any enquiries or complaints regarding data privacy, you can e-mail: hello@charlottebrawn.com
75. Client Data shall at all times remain the property of the Client
76. Except to the extent Charlotte Brawn Fitness/I Heart My Fit Biz has direct obligations under data protection laws, the Client acknowledges that Charlotte Brawn Fitness/I Heart My Fit Biz has no control over any Client Data hosted as part of the provision of the Programs and may not actively monitor or have access to the content of the Client Data. The Client shall ensure (and is exclusively responsible for) the accuracy, quality, integrity and legality of the Client Data and that its use (including use in connection with theProgram) complies with all applicable laws and Intellectual Property Rights.
77. If Charlotte Brawn Fitness/I Heart My Fit Biz becomes aware of any allegation that any Client Data may not comply with the Acceptable Use Policy or any other part of this Contract Charlotte Brawn Fitness/I Heart My Fit Biz shall have the right to permanently delete or otherwise remove or suspend access to any Client Data which is suspected of being in breach of any of the foregoing from the Programs and/or disclose Client Data to law enforcement authorities (in each case without the need to consult the Client). Where reasonably practicable and lawful Charlotte Brawn Fitness/I Heart My Fit Biz shall notify the Client before taking such action
78. Within [60] days of the earlier of the end of the provision of the Program (or any part) relating to the processing of the Client Data, unless otherwise set out in the Contract or subsequently agreed in writing, the Client hereby instructs that Charlotte Brawn Fitness/I Heart My Fit Biz shall securely dispose of such Client Data processed in relation to the Program (or any part) which have ended (and all existing copies of it) except to the extent that any Applicable Law (as defined in the Data Protection on Addendum) requires Charlotte Brawn Fitness/I Heart My Fit Biz to store such Client Data. Charlotte Brawn Fitness/I Heart My Fit Biz shall have no liability (howsoever arising, including in negligence) for any deletion or destruction of any such Client Data undertaken in accordance with the Contract.
Excluding liability
75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the
Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
78. We try to avoid any dispute, so we deal with complaints as follows: If the client has a dispute they should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
Other
79. From the date the Contract commences any behaviour displayed by the Client that Charlotte Brawn Fitness/I Heart My Fit Biz deems as disruptive, threatening, abusive or untenable in anyway, either in person, via email, via social media or any other forms of means of communication either directed at Charlotte Brawn Fitness/I Heart My Fit Biz, Charlotte Brawn Fitness/I Heart My Fit Biz’s other clients, Charlotte Brawn Fitness/I Heart My Fit Biz team members or associates may result in the Client being denied access to aspects of support to the Program. Any monies already paid for the Program will be non-refundable. Should Charlotte Brawn Fitness/I Heart My Fit Biz display behaviour which is disruptive, threatening, abusive or untenable towards the Client then the Client may ask to withdraw from the support aspects of the program and not make any further payments
80. Assignment and subcontracting: The Client will not, without the prior written consent of Charlotte Brawn Fitness/I Heart My Fit Biz, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract
81. Waiver: A waiver of any right under the Contract is only effective if it is in writing and will not be
deemed to be a waiver of any subsequent breach or default.
82. Variation: Except as set out in these Conditions, any variation, including the introduction of any
additional terms and conditions, to the Contract, will only be binding when agreed by both Charlotte Brawn Fitness/I Heart My Fit Biz and the Client and signed by the Client.
