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Michael Marshall Fitness

Our Terms and Conditions

THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE LIMITATIONS OF LIABILITY IN CLAUSE 15.

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we supply a range of products, giving access to our online fitness platform which includes, individually tailored fitness plans, food and progress tracker diaries, video content, training guides, online coaching, blogs and recipe suggestions as part of our “Moveit Loseit” and “My Journey” programmes (each a “Product” and collectively “Products”) . These terms also govern your use of our website, michaelmarshallfitness.com (“Website”) as well as your relationship with Michael Marshall Fitness (“we” or “us”).
    2. Why you should read them. Please read these terms carefully before you register as a member with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. If you do not agree to these terms you should not use our website, register as a member or purchase any of our Products. By using the Website or purchasing Products you agree to be bound by these terms.
    3. Michael Marshall Fitness IS NOT ENGAGED IN PROVIDING MEDICAL ADVICE AND NOR DO WE WISH TO REPRESENT OURSELVES AS QUALIFIED TO PROVIDE MEDICAL ADVICE. WE STRONGLY RECOMMEND THAT YOU SHOULD AND MUST SEEK PRIOR PROFESSIONAL MEDICAL ADVICE BEFORE USING OUR PRODUCTS OR SERVICES AND BEFORE COMMENCING ANY DIET, EXERCISE OR FITNESS PROGRAM.
    4. PRIOR TO PURCHASING ANY OF OUR PRODUCTS OR PLANS YOU MUST NOTIFY US IN WRITING OF ALL AND ANY HEALTH ISSUES OR MEDICAL CONDITIONS THAT MAY AFFECT THE PROVISION OF PRODUCTS OR SERVICES WE PROVIDE TO YOU.
    5. WHILST MICHAEL MARSHALL IS A QUALIFIED NUTRITIONAL ADVISOR WE ARE NOT QUALIFIED TO PROVIDE PROFESSIONAL NUTRITIONAL ADVICE. WHERE ANY NUTRITIONAL INFORMATION OR SUGGESTIONS (SUCH AS RECIPES) ARE PROVIDED THESE ARE NOT DESIGNED TO CONSTITUTE ADVICE AND NOR ARE WE QUALIFIED TO PROVIDE ANY NUTRITIONAL ADVICE. WE WOULD AGAIN STRONGLY RECOMMEND THAT YOU SHOULD AND MUST SEEK PRIOR PROFESSIOAL MEDICAL ADVICE OR GUIDANCE FROM A SPECIALISED NUTRITIONIST BEFORE COMMENCING ANY DIET OR CHANGE TO YOUR EATING HABITS.
  2. Information about us
    1. Who we are: We are Michael Marshall trading as Michael Marshall Fitness. You can contact us by sending an email to us at enquiries@michaelmarshallfitness.com
    2. How we may contact you: if we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on completion of your registration with us.
  3. Fees
    1. You are able view and access the Website free of charge. You must register as a member if you wish to purchase any of our Products and to access the content that is provided as part of the Products.
    2. We will clearly display the fees which are payable in respect of the Products we offer on our Website. We reserve the right to increase our fees from time to time upon reasonable notice.
  4. Registration
    1. If you register as a member we will need you to provide us with certain personal information including your name, email address, postal address and your payment details. Upon becoming a member we will also ask for additional personal information in order to help specifically tailor some our Products to you, e.g. personal fitness plan. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy which is available on our Website.
    2. If we have reason to believe that there is likely to be a breach of security or misuse of the Website through the account you have created we may require you to change your password or we may need to suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website or any of our Products.
    3. You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
  5. The right to make changes
    1. If you wish to make a change to the products you have please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change of the consequences of making the change unacceptable to you, you may want to end your contract.
    2. We may change our Products to reflect changes in relevant laws or regulatory requirements or to implement technical adjustments and improvements but these changes should not affect your use of our Products. If we need to make any significant changes to our Products we will notify you in advance of such proposed changes.
  6. Our product options
    1. “Moveit Loseit” – 12 week initial programme: available to individuals, payable in full and in advance and set out in more detail on our Website; and
    2. “My Journey”: an optional monthly subscription service which will follow the 12 week “Moveit Loseit” programme. Shortly before your Moveit Loseit programme is coming to an end you will receive an email reminder inviting you to subscribe to the My Journey programme with steps on how to continue your journey with us. Should you wish to begin our monthly subscription service you will be required to follow the instructions in the email inviting you to begin My Journey. The applicable monthly fee for My Journey is also displayed on our Website and is payable in advance on the [LAST DAY/ 1ST OF EACH MONTH] (This is your “My Journey Monthly Payment Date”). If at any stage you no longer wish to participate in the My Journey programme, you must give us at least 14 clear days’ notice in writing before your My Journey Monthly Payment Date to avoid incurring a monthly fee for the following month. My Journey has no minimum contract commitment and you may give notice in writing to terminate it any time. If you terminate part-way through a particular month you are responsible for the entire monthly fee for that particular month.
    3. You are not permitted to begin the My Journey monthly subscription service until you have successfully completed the initial 12 week “Moveit Loseit” programme.
  7. Your order
    1. Once you have registered to become a member on our Website you will be required to create an account login which will include a requirement to provide us with some basic details (including payment details) and to set up a password for your account.
    2. After you have successfully created an account with us and your payment has been processed we will send you an order confirmation email to the email address you have provided to confirm the Product(s) you have ordered, at which point a contract will come into existence between you and us. You will receive a unique client ID which will help us to identify you and provide our services to you.
    3. If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s). This might be for a number of reasons such as if we have identified an error in the price or description of a relevant Product.
  8. Products: Cancellation
    1. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. This will not apply if you have already accessed, started downloading or streaming any of our Products.
      1. A contract for products, services or digital content is completed when the Product is delivered, made available, downloaded or streamed and paid for. If you want to end a contract before it is completed, please contact us in writing using the email address provided at clause 2. If a contract has been completed, you will remain responsible for our fees which will be calculated as follows: -
        1. “Moveit Loseit” 12 week programme: you will remain responsible for the entire initial cost of the 12 week programme and are not entitled to any full or partial refund in the event that you terminate the contract after the Product has either been made available to you or downloaded or streamed and paid for. During this 12 week programme you will receive email notifications from Michael Marshall and will be assigned tailored fitness plans based upon (and subject to you providing) relevant personal information.
        2. “My Journey”: If you do not wish to participate in My Journey, you must give us at least 14 days’ notice in writing before your 12 week “Moveit Loseit” programme is due to end to avoid incurring a monthly fee. My Journey has no minimum contract commitment and you may give notice in writing terminate it any time. However, if you terminate part-way through a particular month you are responsible for the entire monthly fee for that particular month as set out above at clause 2. My Journey relies more upon your own self-motivation and commitment to help ensure that your programme is sustainable in the longer term and therefore although you will have access to the same resources as the Moveit Loseit programme (including updated content such as new recipes and exercise videos) you will generally have reduced direct contact with Michael Marshall Fitness.
      2. If you want to end your contract with us, please let us know by doing one of the following:
        1. Email us at enquiries@michaelmarshallfitness.com Please provide your name, home address, details of the Product you ordered and, where available, your phone number and email address telling us of the reason you wish to cancel.
  1. Licence
    1. Once you have purchased one or more of our Products, we will grant a licence to you to access our Website and the particular Product(s) you have purchased; this licence is strictly limited, for your own personal use only and is non-exclusive and non-transferable.
    2. Depending on the type of Product you have purchased, your licence will enable you to access content on our Website in a designated portal/ login area, including: -
      1. blogs published by Michael Marshall Fitness;
      2. an instant messenger service between you and Michael Marshall Fitness;
      3. progress diary which provides a platform for uploading information to track your progress;
      4. food diary;
      5. recipes;
      6. user profile/ dashboard;
      7. access to video on a streaming only basis;
      8. access and download personalised fitness plans;
      9. comic books (in pdf format) and a ‘build your own workout’ for families;
    3. You are not permitted to share any of the content licensed under these terms with any other individuals and if you fail to pay for your Product(s) in accordance with this agreement, your membership and access to the Product(s) through our Website will be terminated.
    4. Except for the above limited license, no right, title or interest shall be transferred to you.
  2. Restrictions on your use
    1. You may use our Website only for lawful purposes. You may not use our Website:
      1. in any way that breaches any applicable local, national or international law or regulation.
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
      3. for the purpose of harming or attempting to harm minors in any way.
      4. to send, knowingly receive, upload, download, use or re-use any material which may cause any harm, damage, offence or loss.
      5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
      6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any Products or part of our Website.
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of our Website;
        2. any equipment or network on which our Website is stored;
        3. any software used in the provision of our Website; or
      3. any equipment or network or software owned or used by any third party.
  1. Availability
    1. We do not guarantee that our Website, or any content on it (including our Products), will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons or if we are unable to make access to the Website available for reasons beyond our control. We will try to give you reasonable notice of any suspension or withdrawal.
    2. We will always do what we can to ensure the smooth operation of the Website and where any downtime occurs we will aim to restore the Website and your access to the Products as soon as we can.
  2. Do not rely on information on this site
    1. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
    2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
  3. We are not responsible for websites we link to
    1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or an endorsement by us of those linked websites or information you may obtain from them.
    2. We have no control over the contents of those sites or resources and are in no way responsible for the content of those sites or resources.
  4. User-generated content is not approved by us
    1. Our Website may occasionally include information or materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us and any publication by us is not an endorsement or recommendation. The views expressed by other users on our site do not represent our views or values.
  5. Our Liability
    1. Nothing in the agreement excludes our liability arising as a result of our negligence for:
      1. Death or personal injury;
      2. Fraud or fraudulent misrepresentation.
    2. Subject to clause 1, our total aggregate liability arising in connection with our performance of this agreement shall be limited to the greater of (i) £350.00 or (ii) three times the price paid for the Products during the 12 months preceding the date on which the claim arose.
    3. We have tried to make it clear on our Website and at the beginning of these terms and conditions that we are not engaged or qualified to provide any medical advice and nothing on our Website or contained within any of our Products should or is designed to give the impression that we are qualified to deliver any medical advice.
    4. Before you begin any diet or exercise programme you should seek professional medical advice. Whilst any plan we provide you through ‘Moveit Loseit’, ‘My Journey’ or any of our related Products is designed to be specific to you it is not a complete health or exercise programme or a substitute for other information (including but not limited to medical advice) which may be available to you.
    5. Our Products are dependent upon prompt receipt of detailed, accurate and all necessary information from you. You are responsible for ensuring that we receive detailed and accurate information and must notify us of any health issues or medical conditions that you have that may affect our ability to use any of our Products.
    6. The results that you achieve from using our Products or following any plan or programme that is tailored to you is entirely dependent on your own commitment. There may also be circumstances where you have used our Products and/ or followed a plan or programme tailored but you may not achieve your desired outcome or the results you had hoped.
    7. No warranty, commitment, assurance or guarantee of any kind (whether express or implied) is given that the Products (or any part of them) will be effective in producing any particular desired results. Similarly any suggestions, recommendations, plans or programmes given by us in connection with your use of any such Product are not guaranteed to be effective or to achieve your desired outcome.
    8. If you are in any doubt as to the suitability of any of our Products or any actions that you might take as a result of purchasing any of them, you should and must first consult an appropriate professional medical practitioner before you begin or act upon any plan, programme, suggestion or recommendation. We are not responsible for any failure by you to do so.
    9. Whilst we may provide details of suggested activities you should and must also exercise your own independent judgment as to whether or not such activities are safe and appropriate for you to participate in. We offer a range of suggested activities and recipes but any activities or recipes provided are for general and illustrative purposes only and are not always specific, appropriate and right for you.
    10. There are aspects to the services and the Products we provide that are tailored to you. However, there are also various aspects to our Website, the Products and on various social media platforms which are generic and not tailored to any specific individual and are simply for your general information only. If you are in any doubt as to the relevance of any information we have made available, please do not hesitate to contact us at enquiries@michaelmarshallfitness.com
    11. We are not liable for business losses. We only supply the Products for individual, domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
    12. We are not responsible for any damage to your property that takes place whether as a direct or indirect result of you using our Products.
  6. Intellectual Property
    1. What are intellectual property rights?
      1. Intellectual property rights include patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect confidential information (including know-how and trade secrets), and all other intellectual property rights, whether registered or unregistered and all similar or equivalent rights or forms of protection which exist or may exist in the future (defined in this clause 16 as Intellectual Property Rights).
    2. All Intellectual Property Rights in or arising out of or in connection with the Products (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
    3. We grant to you a non-exclusive, licence during the term of your contract to use the Website and relevant Product(s) with us in accordance with clause 9 above, strictly for the purpose of delivering the Products to you.
    4. You must not sub-license, assign or otherwise transfer the rights granted in clause 3 and you must not at any time reproduce, copy or otherwise exploit the Website or Products (or any part thereof) for any commercial purpose without our prior written consent.
    5. In order to allow us to successfully deliver the Products to you, you grant us a fully paid-up, royalty-free, non-exclusive, non-transferable and irrevocable licence to use, copy, store and modify any information or materials provided by you to us for the term of your contract for the purpose of delivering the Products to you.
  7. Relevant law
    1. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.
    2. If we delay in taking steps against you in respect of you breaking this contract, that will not prevent us from takings steps against you at later date.
    3. Each of the paragraphs of these terms operates separately. If any court of relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.