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Terms & Conditions

These are our terms and conditions setting out the terms of use of our website and subscription to our service. 

 

Please read these prior to using our website and before subscribing to our service.

Thank you

Terms & Conditions
 

Please review the following before using the Thrivethroughmenopause website and subscribing to the Thrivethroughmenopause membership service.  In particular, we draw attention to Section 2 of the Terms and Conditions, the Health Declaration.

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Thrivethroughmenopause, trading as Compass Coaching and Consulting Ltd, the owner and operator of this Website.

By accessing the Thrivethroughmenopause website (www.thrivethroughmenopause.co.uk) and or using the Thrivethroughmenopause subscription service, the user must agree to be bound by these terms and conditions. 

1.0 Agreement

1.1 Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1.2 In these terms and conditions, User or Users means any third party that accesses the Website and / or subscription service and is not either (i) employed by Thrivethroughmenopause and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Thrivethroughmenopause and accessing the Website in connection with the provision of such services.

1.3 You must be at least 18 years of age to use this Website and to register an account for the subscription service. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

‍2.0       Health Declaration

2.1 The Website and subscription service is designed to help you reach your health and fitness goals with access to a range of professional trainers, fitness programs and other wellbeing professionals. Please note that this programme and the live and recorded workouts carried out within have been designed to improve basic levels of fitness. It has not been designed for pregnancy or for any specific postpartum issues that may be exacerbated by some of the more intense exercises.

2.2 Information provided through the Website and subscription service, does not purport to be and must not be taken as medical advice, therefore, before starting any exercise, relaxation, nutrition, or coaching regime we strongly recommend that you should consult your doctor, or appropriate medical professional especially if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns.

2.3 If you have asthma, diabetes, a heart condition, growth condition or any pre-existing condition or have experienced chest pains or dizziness in the last month, we strongly advise you NOT to participate in any of the live or video-on-demand classes, activities, and any other products and/or services which are provided by third party trainers and other professionals via the Website.

2.4 By using the Website and / or subscription service, you recognise that there is always an element of risk involved with any physical activity and your attendance at or participation in any workout is solely at your own risk. If at any time during a workout you feel discomfort or pain, faintness, dizziness, pain or shortness of breath, you should cease the exercise immediately and seek medical assistance as required. When participating in any exercise in Thrivethroughmenopause, there is a possibility of physical injury. Your participation in these workouts is entirely voluntary and you may opt out at any given time if you so wish. 

2.5 The trainers in Thrivethroughmenopause are not medical care providers and have no expertise in diagnosing medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. If you engage in Thrivethroughmenopause you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Thrivethroughmenopause (trading as Compass Coaching and Consulting Ltd) from any claims.

2.6 This programme offers health, fitness, nutritional and menopause information and is designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice. The use of any information provided is at your own risk and we always recommend that you consult your doctor or medical professional before making any changes to your exercise, nutrition, or medical regimes, especially if you have any medical condition(s) or are taking medication, are pregnant or have any related concerns.


3.0 ‍The Service

3.1 In using the Service, you will be entitled, subject to these Terms, to access features, materials and content made available by us via the Website (the Content) on your PC, laptop, or any other authorised device capable of hosting the Website and/or the Content, which may include iPads, mobile devices and web-enabled devices (each a Device), provided that such Device meets the minimum system requirements referred to in Section 4 below (the Service).

3.2 We reserve the right to change, suspend, remove, or disable access to any Content or other materials on the Service and/or Website at any time without notice. This may be, for example, if there are any regulatory or legal changes or legitimate business reasons to do so. In no event shall we be liable to you for the removal or disabling of such Content or other materials on the Service and/or Website.

3.3 To maximise your enjoyment of the Service and/or the Website from time to time we will need to fix bugs, install updates, and carry out general diagnosis and maintenance. We will endeavour to operate scheduled maintenance during periods where we anticipate low levels of online use. We will also need to be able to do emergency maintenance and/or suspend access to the Service where, in our reasonable discretion, we see the need to do that. We will use reasonable endeavours to have the Service and/or the Website (as applicable) available again as soon as practicable.

3.4 We give no warranty or guarantee that the Website and/or the Service, or any of the Content, is secure, free of errors, viruses or other malware. We strongly recommend that you install virus protection software on your Device.

 

3.5 Any online facilities, tools, services or information that we make available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. We are under no obligation to update information on the Website.

 

3.6 Please contact us at info@compass-cubed.com should you have any problems accessing any of the Content available on the Website.

4.0 Technical Requirement

4.1 To be able to use the Service you will require an internet connection speed of at least 1Mb with a recommended speed of at least 3Mb.

 

4.2 It is your responsibility to ensure that you are able to comply with any technical requirements that must be met for you to be able successfully to access the Website and/or to use the Service. We accept no responsibility for any lack of functionality of the Website and/or for any failure to provide the Service that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software).

4.3 We may, in our sole discretion, from time to time amend the technical requirements required to receive the Service. It is your responsibility to ensure that your Device (as defined above) fulfils any minimum technical requirements set out on the Website or in these Terms.

4.4 Please note that we may make upgrades to the Website from time to time. These upgrades may be needed to access Content or to take advantage of any new features of the Service which we may make available. 

4.5 You acknowledge that the availability of the Website and/or the Service may be affected by internet traffic congestion or by other network, ISP, electronic or other communication problems or failures and that we are not responsible for the unavailability of any Content due to any such congestion, problem or failure.

4.6 It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges, mobile, data, subscription, or other charges or internet service provider access or subscription charges) that you may incur connecting to the internet in order to use the Website and/or the Service.

5.0 Registration, Passwords and Security

5.1 Please note that in order to register an account you must be aged 18 years or over and be fully able and competent to enter into these Terms and abide by and comply with these Terms.

5.2  In order to use the Service via the Website you are required to register a personal account via the Website.

5.3 To register your account you will be required to provide your email address and a password and to enter other information that we may ask for on our registration form such as (but not limited to) your first and last name and billing information (Registration). You should ensure that the password you choose is unique to your use of the Service and not the same password that you use for other services. Your personal information will be processed in accordance with our Privacy Policy.

5.4 We reserve the right to refuse to allow any user to register for the Service for any reason.

5.5 When we receive your Registration details and we accept your application to use the Service, we will send you an email confirming your Registration details and the details of your subscription. Your use of the Service will be deemed to have started when we send this confirmatory email. You agree that once we have sent you this confirmatory email you will not be able to cancel your subscription to the Service other than in accordance with Section 12 below.

5.6 You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time via the Website however you will not be able to change the details of any Promotional Code and such Promotional Code may only be used once. If you would like us to cancel your Registration with our Service, please see Section 12 below.

5.7 You are responsible for maintaining the confidentiality of your password and username and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website or the Service and we will not be responsible for losses suffered by you where your password or username is used by someone else to access the Website and/or the Service unless this is due to our negligence. You agree to notify us immediately by email to info@compass-cubed.com, if you become aware of or suspect any unauthorised use of your password or username.

5.8  You can access your account at any time on the Website. You can update your account including your personal details via the Website.

6.0 Your Promises to Us.

6.1 You confirm that:

a)  you are aged 18 years or over at the time you register for the Service, and are fully able and competent to enter into these Terms, and abide by and comply with these Terms; 

b)  all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details on the Website.

c)  you will comply with the restrictions on your use of the Website and the Service as set out in these Terms.

d) you have read and complied and continue to comply with the Health Declaration during the term of your subscription and access of the website.

6.2 You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses, (including legal fees) made against us by any third party due to or arising out of or in connection with your use of the website or any of the services offered on the website.  

 

6.3 If we take legal action against you for any breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.

7. Your Conduct

7.1 You agree that you will not:

a)   use the Website and/or the Service in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;

b)   use the Website and/or the Service in any way that interrupts, damages, impairs or renders the Website or the Service less effective;

c)   use the Website and/or the Service for any purpose other than your personal use;

d)   use the Website and/or Service to transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or which may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability:

e)   use the Website and/or the Service to advertise or promote third party or your own products or services, including (but not limited to) by way of the distribution of 'spam' email;

f)   transfer files that contain viruses, trojans or other harmful or malicious programs and/or software;

g)   share access with others, access or attempt to access the accounts of other users or to penetrate or tamper with or attempt to penetrate or tamper with the Website and/or Service security measures including digital rights management (DRM) technology protecting the Content or the Service;

h)   reverse engineer, decompile (apart from where necessary for the purposes of interoperability), modify, copy or make backups of any of the software used in the provision of the Website and/or the Service, or attempt to do any of the foregoing; or

i)    other than with our express permission, copy, scrape, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, perform, communicate to the public or distribute in any way, all or any portion of: (i) the Service or (ii) Content on or made available via the Website, in each case other than for your own personal use or otherwise than in accordance with these Terms.

7.2 We reserve the right to suspend, restrict or cancel your access to the Website and/or the Service at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions contained in these Terms. This suspension or cancellation (as applicable) shall be in accordance with Section 13.1 below. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

8. Rights Granted and Rights Reserved

8.1. These Terms apply to all users of and visitors to the Website and the Service. We reserve the right to discontinue any aspect of the Website and/or the Service at any time. If we discontinue the Service as a whole, the provisions of Section 13.2 shall apply.

8.2. The content on the Website, including without limitation, the Content and any text, software, scripts, graphics, photos, sounds, music, videos, data compilations, interactive features and the like and the trademarks, service marks, logos, branding or any other intellectual property rights contained therein are owned by or licensed to us.

8.3. Save for your rights under Section 3.1 of these Terms, your use of the Website and/or the Service and their contents does not constitute any grant, assignment or transfer of rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and/or the Service and their contents.

8.4. Any use other than that permitted under this Section 8 may only be undertaken with our prior express authorisation.

9. Links to and from Other Websites

9.1. We permit you to link to materials on the Website for personal, non-commercial purposes only and provided that you immediately stop providing such links if notified by us.

9.2. We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third-party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites, and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.

10. Promotions

10.1.   We may offer free promotional periods for the Service from time to time, enabling new subscribers to subscribe to the Service without paying a subscription fee during the free promotional period (Free Period). Any Free Period which we may offer you shall be subject to these Terms. Any such offer of a Free Period shall be entirely at our discretion. Please note that unless otherwise stated, Free Period offers are only available to new subscribers and cannot be used in conjunction with any other promotion or offer (including any Promotional Code). If you have previously received a Free Period or other promotion, you may not be entitled to receive a further free promotional offer. Please contact us if you are not sure if you are entitled to a promotional offer or not. You may cancel your subscription during your Free Period in accordance with Section 12.2 of these Terms. If you do not notify us of your intention to cancel before the end of the Free Period, you will be charged a subscription fee for the following month, and each subsequent month you remain a subscriber, in accordance with Section 11.

10.2.   We may from time-to-time issue (directly or through a third party) Thrivethroughmenopause ‘Promotional Codes’ (each a Promotional Code) meaning a promotional code, unique activation link or voucher number for use on the Service.

10.3.  When redeeming a Promotional Code, you need to make sure that you enter it accurately when prompted by the Service during registration.

10.4.   Any other promotion or offer we provide (whether directly or through a third party) in relation to the Service may not be used in conjunction with any other current or past promotion or offer provided by us in relation to the Service.

10.5.  Any use of a Promotional Code will be subject to these Terms and also the terms of the voucher/communication containing the Promotional Code. In the event of a conflict between these Terms and the terms of the voucher /communication containing the Promotional Code, Free Period or other offer (Offer Terms), the Offer Terms will apply.

11. Charges and Payment

11.1.   The charges payable for the Service are as set out on the Website at the time you subscribe for the Service and may be varied by us from time to time on reasonable notice to you.

11.2.  If you choose our monthly subscription payment model, the charges for the Service will be payable by you to us monthly in advance, except in respect of any free periods you are entitled to receive. Unless you cancel prior to the end of the 7-day free trial, your first payment shall be debited 7 days after the date of your Registration from your bank account or charged to your payment card using the account details you supplied. Each subsequent monthly charge shall be debited from your account on the same billing date as the initial month of Registration until such time as you cancel your subscription to the Service in accordance with Section 12 below or we cancel your subscription in accordance with Section 13 below.

11.3    If you choose our annual subscription plan, the charges for the Service will be payable by you to us monthly in advance for the duration of the 12 months.  Unless you cancel prior to the end of the 7-day free trial, your bank account or payment card will be debited 7 days after the date of your Registration.  Each subsequent monthly charge shall be debited from your account on the same billing date as the initial month of Registration for the 12-month period.  Your subscription will be automatically renewed following this period unless you cancel your subscription, prior to the end of the 12th month following registration.

11.4.   The charges for the Service include VAT or other sales taxes, if applicable. If your payment card processor or company imposes handling charges (as provided for in their terms of use) we may add such charges to the total charge you pay for the Service. By providing us with your payment card details you are specifying the country of issue as your country of residence for tax purposes.

11.5.   We will make every effort to ensure that our charges for the Service appear correctly on the Website, however we will not be obliged to honour prices that are the result of obvious errors or mistakes.

12. Cancellation by You

12.1.   You may cancel your subscription to the Service at any time by logging into your member area and cancelling your subscription following the instructions.  If you have subscribed to the rolling monthly plan, you can cancel at any time and your access to the platform will continue until the end of the month for which you have paid.

12.2     If you have subscribed to the Service using a Promotional Code or as part of a Free Period offered by us as described in Section 10 of these Terms, then if you cancel your subscription before your Free Period has expired, you will not be charged, your subscription will continue until the end of your Free Period and will then terminate. If you cancel after your Free Period has expired, your subscription will terminate in accordance with Section 12.3. There will be no refunds available or any reimbursement for any unused time period remaining from use of a Promotional Code or from your Free Period following cancellation by you of your subscription, except in accordance with your statutory rights.

12.2.1 If you cancel your subscription during the first 4 days for the monthly plan, your subscription will continue until the end of the first 4 days of your Free Period and will then terminate;  if you cancel your subscription during the first 7 days for the annual plan, your subscription will continue until the end of the first 7 days of your Free Period and will then terminate.

12.2.2 If your Free Period is longer than 7 days and you cancel before your Free Period expires, your subscription will continue until the end of the Free Period and will then terminate; and

12.2.3 If you cancel after your Free Period has expired, your subscription will terminate in accordance with Section 12.3.

12.3.   Unless Section 12.2 applies, if you cancel your subscription to the Service, and you are subscribed under the monthly subscription payment model you will continue to receive the Service until the end of your current subscription two month period and you will not be charged the subscription fee for the month following the end of subscription two month period (or any subsequent month until you re-subscribe). For example, if your subscription starts on the 10th of January, and you cancel it on the 15th of March, you will continue to receive the Service up to and including the 9th of May, you will be charged the monthly subscription on April 10th and then no subscription fee will be payable on the 10th of May.

12.4     Unless Section 12.2 applies, if you cancel your subscription to the Service, and you are subscribed under the annual subscription payment model you will continue to receive the service until the end of your current subscription annual period and you will continue to be charged the monthly subscription fee until the end of your annual period.  For example, if your annual subscription starts on the 10th January, and you cancel it on the 15th October, you will continue to be charged the monthly fee and will continue to receive the Service up to and including the 9th January.

12.4     For most products and services bought online, you have a legal right to change your mind within 14 days (the “Statutory Cancellation Period”) and receive a refund. However, subscriptions to the Service either (a) start with a Free Period which is longer than the Statutory Cancellation Period and such Free Period can be cancelled before any payment is due, or (b) begin to be supplied on a paid basis during the Statutory Cancellation Period (e.g. after a 7-day Free Period) but only following your express request for such supply to begin and your acknowledgement that – once that supply begins – the statutory cancellation right is lost (though your general right to cancel your subscription will still apply, as described in Section 12.3).

13. Suspension or Cancellation by Us

13.1. If you breach any of the Terms, we may immediately suspend your account and your access to the Service. If we reasonably believe that you have flagrantly or persistently breached any of these Terms, we may cancel your subscription. If we cancel your use of the Service under this Section 13.1 such cancellation shall be immediate and without notice or refund.

13.2. In addition, we reserve the right to cancel our provision of the Service to you if we no longer provide the Service.

14. Our Legal Obligations and Limits on Liability

14.1.  We accept liability for death or personal injury caused by our negligence or that of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

14.2.  If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, which means that they could be contemplated by you and us.

14.3. We make no guarantee that the Website or the Service will be provided uninterrupted.

14.4  To the maximum extent permitted by law, we do not accept any liability for any of the following:

a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

b) loss or corruption of any data, database or software;

c) any special, indirect or consequential loss or damage.

14.4. We do not accept any liability for any losses, damage, costs, or other liabilities incurred by you or for any loss of data from your computer system that results from:

a) your negligence;

b) your breach of these Terms; or

c) anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, industrial action, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

14.5. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website itself will be free from errors or omissions.

14.6. Access to the Website and/or the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (as described in paragraph 14.4.c)).

14.7. You have certain statutory rights. Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office or Consumer Protection Office.

14.8. Our total liability to you for any loss or damage arising out of or in connection with these Terms shall be limited to the total amount paid from you to us in the calendar month preceding the relevant incident.

15. Privacy

15.1.   Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please visit www.thrivethroughmenopause.co.uk/privacy-policy.

15.2.   We will comply with any applicable law or binding court order requiring or directing us to disclose the identity of and/or to locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website and/or the Service.

16. Changes to these Terms

We may change these Terms at any time either by giving you notice or by publishing the modified Terms on the Website. It is your responsibility, however, to review these Terms as amended by us from time to time. If any amendment to these Terms is unacceptable to you, your only recourse is to cease using the Service and visiting the Website. Your use of the Service and/or subsequent visitation of the Website following any amendment of these Terms will signify your agreement to and acceptance of its revised terms.

17. Severance

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

18. Transfer

18.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

18.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Website and/or the Service will be made available to you on the same terms or terms that are no less advantageous to you.

19. Third party rights

These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under Section 18.2.

20. Disputes

We will do our best to resolve any disputes in relation to these Terms. By using the Website and the Service you agree that the laws of England and Wales shall apply in relation to any disputes between us.

These Terms and Conditions were last updated on 3rd October 2023.

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