Program Terms of Use
Powerful Peri to Post
By checking the box next to this Terms of Use, and clicking the “Purchase” or “Buy” button, you, the purchaser of Powerful Peri to Post, outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by WTM Wellness Ltd, a English Limited Liability Company with a registered address of 20 Wenlock Road, London, N1 7GU, UK (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding agreement (hereafter “Agreement”) with Coach, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of three hundred ninety-seven U.S. dollars ($397) Client has agreed to purchase Powerful Peri to Post, (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined in the Program Guide below, and Program Outline Addendum attached/below hereto. At Coaches own discretion, a discount maybe be offered include but not limited to an early-bird promotion. The discount is not guaranteed and in instance where it is offered, such value will be considered as good and valuable consideration. For avoidance of doubt any future price changes will not affect past purchases’ good and valuable consideration.
1. Program Guide:
A. Client agrees and understands that she/he is purchasing the Program, a 5-week program which can be increased or decreased by the Coach.
B. Program is completely virtual, all modules are pre-recorded, and it is designed to educate the Client about the Coach’s philosophies on nutrition, exercise, sleep & stress management and any other relevant components. Client will be required to check-in at the start of the Program and then 4 more times once they complete each of the modules. The following/next module will only be released to the Client once the relevant check-in has been completed. Other than these five (5) check-ins, the Client understands and agrees that she/he is purchasing a do-it-yourself (DIY) course of pre-recorded videos and resources, which she/he may view and utilize at her/his own pace.
C. The Client acknowledges that she/he has read the Program Outline Addendum and has conducted any additional research necessary to feel that she/he understands what is being provided in the Program as well as what is not included. The Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on the Coach’s website.
Program is not to be considered a substitute for medical advice or wellness or treatment. The Coach is not able to nor will they provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, medical or any other conditions. If you as the Client believe that you may be in need of medical treatment or a diagnosis to relieve a current condition, the Program is not right for you. By completing this Agreement, you confirm that you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect the Coach to provide any services other than that outlined in the Program Outline Addendum.
2. Confidentiality
A. Following Client’s participation in this Program, Client will have gained access to various trade secrets and intellectual property to which the Coach has access, including but not limited to materials such as verbal advice, health and wellness education and information personal to the Coach, written templates, modules, technical information, and/or other information that may have become available for use through Client’s participation in the program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through the Program, and agrees that she/he will be in violation of these Terms of Use if she/he uses any of the content outlined as her/his own material, or repurposes and uses the content in her/his own coaching or any other business without express written permission of the Coach. Client also understands and agrees she/he will not disclose or use any information provided to the Client during coaching sessions, discussions, or otherwise. Should the Client breach this provision and disclose confidential or proprietary information belonging to the Coach, related parties of the Coach or another participating in the Program, Client understands additional action may be taken by the Coach up to and including legal action.
3. Payment and Payment Plans
Client understands the cost of the program is three hundred ninety-seven U.S. dollars ($397) which is payable up front, in full, unless a payment plan has been offered by the Coach, or otherwise arranged between the Coach and the Client. Client agrees to render payment via the payment methods offered in Coach’s third-party software, Kajabi. Client understands she/he is responsible for the full payment and agrees to pay the sum requested electronically, via Kajabi, in full. Absent an agreement regarding a payment plan with the Coach, Client must complete payment in full before becoming entitled to any products or services included within the Program. If the Client and the Coach have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated/offered on Coach’s sales page.
If the Coach has offered a payment plan, Client agrees to abide by the rules and payments as explained. Should the Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within five (5) days of the date it is due, and (2) Client may owe a 10% late fee if she/he has not made the appropriate payment after the grace period.
The Coach reserves the right to cancel or cease working with the Client should she/he fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, the Client understands she/he is not entitled to a refund of funds already issued/paid to the Coach or related party in exchange for work completed or services offered thus far, and it is up to the sole discretion of the Coach whether the Client is to have continued access to any materials made available to the Client during the Program up until payments were missed.
The Coach will provide the Client with access to the Program for as long as discussed, but after one (1) year may restrict access if no active has been detected using Client's log-in details. The Coach may change IT providers, in which case the Coach will provide the Client with new log-in details. If the Coach ceases to trade, the access is likely to be stopped by the IT provider. In this instance, as long as the Client has completed their initial 5 week period, the Coach will no longer be obliged to provide access to the Client.
4. Refund Policy
A. Due to the nature of digital products, we will not offer a refund for a simple change of mind or if you deem the program unsuitable for any reason (as it is your responsibility to determine if the product is suitable to your personal circumstances BEFORE purchase), therefore it is solely your responsibility to read the sales page thoroughly before you make the transaction and understand what you are purchasing. Since the products made available here are intangible, refunds are only considered when the below conditions are met;
- A full refund for the Program is only issued if:
- The request is sent within 60 days of your purchase date;
- All of the videos inside the Program have been watched; and
- The Client has completed all check-ins.
- You explain to us clearly how the Program has not been suitable for you and how it has not provided you with coaching information helpful to you. Remember, we are not responsible for improvement in symptoms or weight loss as this varies from person to person, and diet, exercise and sleep & stress management are only small factors that play a part. You have agree to this, when you join and pay for the program.
- For avoidance of doubt this refund policy only applies to the Program. All other services and/or products offered will not have a refund policy, subject to local laws and regulations. Which means that we will not be offering a refund on such products and/or services.
B. Client further agrees and understands that changing her/his mind about the Program, failing to follow through or understand the details of the Program, not having the right technology to view the Program, or not experiencing the results that she/he expected or desired does not entitle the Client to a refund.
5. Medical Disclaimer – Not Medical or Professional Advice
A. The purpose and goal of the Program is to provide the Client with basic information and education on Coach’s opinions and experiences as it relates to menopause. Client is paying for Coach’s opinions, education, and information only. Program and content contained within the Program is not to be considered medical advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. Coach is not attempting nor suggesting the Client enrols in Program in place of a consultation with a medical professional in your geographical area.
B. The Program includes general suggestions regarding diet choices, food groups, supplements, and life-style that may benefit the human body. Such suggestions are not personalized recommendations and do not constitute health or medical advice; please consult a physician, dietician, or other relevant nutritional and/or medical specialist in your area to discuss whether any such supplements may be right for you. The Coach is not responsible for any decision the Client may make to take or not to take a supplement or any diet and/or life-style suggestion mentioned within the Program, and the Client understands that any decision to add or take away any supplements or make diet and/or life-style changes is completely voluntary and at the sole decision of the Client. Furthermore, the Client understands that the Coach is not responsible for any decision by the Client to follow or not follow the information and guidance suggested herein, and that the Client is responsible for her/his own actions and decisions with respect to such supplement, diet and/or life-style choices.
C. The Coach encourages the Client to consult a physician if she/he suspects that she/he may benefit from such services. We assume that all individuals choosing to purchase the Program will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Program offered is right for them. Nothing contained within The Program is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical and/or health advice in any capacity.
6. Voluntary Participation
A. The Client understands and agrees that she/he is voluntarily choosing to enrol in the Program and is solely responsible for any outcomes or results. While the Coach believes in the content of the Program, the Client acknowledges and agrees that the Coach is not responsible nor liable to the Client, should the Client sustain any injuries, incur harm, or encounter any negative ramifications. The Client agrees that she/he is fully responsible for her/his health and well-being, including participation in the Program and any results therein.
7. Disclaimer / No Guarantees
A. The Coach cannot guarantee results of the Program and cannot make any representations or guarantees regarding individual results. The Client will hold the Coach, the Program and all related parties harmless if she/he does not experience the desired results. The Client understands that all services provided by Coach in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course performance. The Client is choosing to purchase the Program and work with the Coach on a purely voluntary basis and does not hold the Coach, the Program and/or related parties responsible should the Client become dissatisfied with Program, or in any way suffers any form of damage.
B. The Client agrees that she/he does not have a cause of action, legal remedy, and is not entitled to a refund should she/he not achieve the results desired following completion of the Program, as long as the Coach delivers the Program as described in the Program Outline Addendum below, or with similar substitutes should the Coach believe that those substitutes are necessary. The Client also understands that the Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold the Coach and all related parties harmless should any physical, emotional, or financial injury occur as a direct or indirect result of or participation in the Program. The content provided by the Coach on the website and within the Program comprises of information that the Coach believes could be helpful to the Client, but ultimately may or may not be useful to the Client in her/his personal life or business. The Client understands that the Coach cannot guarantee results from the Program and has no expectation of a specific result that she/he holds the Coach responsible for.
C. The Client is purchasing the Program and participating freely and voluntarily. The information contained within the Program may not be suitable for all persons and all fitness levels, and the Client understands that she/he is required to modify accordingly, based upon their own fitness and/or health levels, and instructions by their physician.
D. The Program includes information about alcohol, and the Coach provides general information regarding its effects. Nothing within the Program is designed to encourage use of alcohol or suggest that consumption is good or bad; the information which is contained within Program, including in the regard to alcohol consumption is a decision some choose to make, and the Program provides one view and opinion on how to do that in a way that could be useful for the Client but is in no way advise. Should you as the Client choose to consume alcohol, you may or may not choose to follow Coach’s opinion and insight on such consumption. The Client confirms the decision to engage in the consumption of alcohol is completely up to the Client and is in no way being encouraged or suggested by the Coach, the Program, or any related parties. The Client does not hold the Coach responsible for such decision to consume or not to consume alcohol, and any negative reactions or responses to such as decision is completely the responsibility of the Client; the Client does not hold responsible the Coach nor any related party in any way for her/his consumption of alcohol, and the Client agrees to hold Coach and related parties completely harmless from any negative responses, reactions, or experiences caused directly or indirectly from alcohol.
8. Waiver/Assumption of the Risk
A. The Client understands she/he is entering into the Program for the purpose of achieving a desired health and/or fitness and/or life-style goal(s) through the Program. Client confirms she/he is entering into this Program voluntarily and of her/his own free will.
B. The Client certifies she/he has or will be evaluated by her/his personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related section of the Program. If the Client elects not to obtain this medical clearance prior to beginning the Program, she/he understands the potential injuries and ramifications of such actions and agrees not to hold the Coach or any related party responsible for any such injuries or negative consequences.
C. The Client understands the Program may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. The Client agrees she/he is aware of and assuming these risks in order to voluntarily proceed with the Program. Should any such incidents occur, the Client understands it is of no fault or responsibility of the Coach or related parties, and agrees they are not liable.
9. Intellectual Property
A. The Client agrees and understands that the Program contains of numerous original, creative works in connection with the Program, and that the Coach has licensed the right to use all of the copyright associated with the Program including but not limited to the name and branding. Furthermore, the Client agrees that all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with the Client or specifically for the Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created maintains with the original copyright owner. The Client agrees she/he may be granted a limited right to use selected materials for personal purposes only and in order for her/him to complete the Program, but understands that the original proprietary rights are not transferred. Nothing in this Agreement shall constitute a transfer of ownership of any intellectual property from Coach or its licensor to the Client, nor granting of any license to use the information, other than that which is expressly provided throughout the course of the Program.
B. The Client agrees and understands she/he is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by the Coach or obtained through working with Coach, without Coach’s express written consent. If such behaviour is discovered or suspected, the Coach reserves the right to immediately end Client’s participation in the Program without refund or notice, as well as prohibit access to the Program or materials the Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with her/him by the Coach as they see fit. The Client understands this means she/he will have been granted a limited, revocable, non-transferable licence to read and use the information provided for use in her/his personal life only, and as instructed or allowed by the Coach. As a “Licensee,” the Client understands and agrees that they will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through the Program without written permission by the Coach;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the Program without written permission by the Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against the Client.
- Claim any content created as part of the Program or otherwise given to the Client is her/his own, meaning she/he cannot claim any content created was their work, and use in her/his business as her/his own.
- Share purchased materials, information, content with others who have not purchased the Program.
- The Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement under English law.
- Share their log-in details with any third parties in order for that party to gain access to the Program. The Client agrees that they will be the sole user of the Program.
10. Indemnification
A. The Client agrees at all times to defend, fully indemnify and hold the Coach and any affiliates, agents, team members directors, shareholders, consultants or other party associated with the Coach, including but not limited to the licensor, harmless from any causes of action, damages, losses, costs including all legal and reputational, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including legal fees) arising from her/his actions as a direct or indirect result of Client’s participation in the Program. Should the Coach or any related party be required to defend themselves in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit the defence, the Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by the Coach, free of charge. For avoidance of doubt the indemnity expands to the licensor as the owner of all intellectual property and copyright.
B. For avoidance of doubt, this indemnification clause is to survive you and will apply to any party related to you, including but not limited to executors and trustees.
11. Dispute Resolution
A. Should a dispute arise between the Coach and the Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees she/he does not and will not hold the Coach or any related party, including but not limited to the licensor, responsible for any specific results, or those results which have been achieved by other clients of the Coach.)
B. If unable to reach a resolution informally, the Client and the Coach agree that all disputes will be submitted for Arbitration by the Centre for Effective Dispute Resolutions (CEDR), to be completed in London, UK within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
12. Applicable Law
A. This Agreement shall be governed by and under control of the laws of England and Wales regardless of conflict of law principles, and regardless of location of the Client. The Client understands this and agrees that the laws of England and Wales are to be applicable here, and that only the English Courts are to have jurisdiction over any proceedings.
13. Amendments
A. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both the Client and the Coach, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Once the Program is purchased, the Agreement is complete and the Client completes the relevant in-take as described above, the Client will obtain access to the relevant module. inclusive of the videos and information. The Coach has the right to release modules in the time manner that is suitable for the Program and as the Client completes the relevant in-take, and failure to receive all the modules at the start is not a breach of the Agreement. The Client understands and agrees such information is subject to change based upon Coach’s view and/or opinion and does not hold the Coach responsible if the below changes, as long as long as the value remains similar according to the Coach. Course includes the following:
- Five (5) value-packed modules including preparation week, nutrition, exercise, and sleep and stress management. All aimed at women in and around menopause.
- Six (6) weekly check-in emails, first one starting before the Program begins and then at the end of each module. Completion of the in-take is a requirement to obtain access to the next module.
- A general meal and exercise plan with insight on how you can amend for yourself to make it work for you as you see fit.
- The Coach may provide bonus resources either as an incentive or in general, but these are not guaranteed and always are at the discretion of the Coach. The bonus material does not form the Program and is at all times intended as an extra resource.
- If the Coach offers one to one text support, this will be defined by the Coach but at no times is the Coach obligated to respond in a certain time period or at certain times. The Coach will aim to respond within 24 hours. At no times should the Customer use any advice as medical advice or ignore their medical practitioner or not go to see them with any medical problems.
- Further details on the Program:
- Modules: Coach will release each of the five (5) modules available following completion by the Client of the preceding check-in. The Client can go through at her/his own pace. These Modules are intended to release proprietary information licensed by the Coach for guidance of the Client. The Client agrees and understands that she/he is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her/him because of her participation in the Program.
- Weekly Email Check-ins: Client understands that she/he is to complete six (6) weekly form check-ins (including initial intake form). To be eligible to receive the next Module, the Client will need to complete the intake form to begin the Program. The Coach is not responsible for any technical issues and will do their best to ensure the Client gains access to the links and information available to complete the relevant intake/check-ins, as well as the Modules.
- Facebook Group Access: Client may also be granted access to a private group on social media organised by the Coach. If granted access, the Client agrees to use common sense when posting or responding to others in the group and agrees to refrain from posting any negative or unnecessary comments. Should the Client choose to post anything in this Facebook group, the Client is agreeing and acknowledging she/he will not post anything that could harm the Coach or related parties or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. The Client understands that if she/he makes the decision to post content that constitutes cyber bulling, Client’s comments will be removed immediately, and the Coach reserves her right to act against the Client to the full extent of applicable laws.
- Live Calls: The Coach may provide weekly live calls in order to help Clients participate in the Program. These calls will be recorded and any information obtained during the calls will be kept as per Company Privacy Policy, taking into account Coach's obligation in regard to storing data.
Last Updated: 05/14/2024