Last updated: 10th August 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.theswitchplan.co.uk website (the “Service”) operated by The Switch Plan Online Diet Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that The Switch Plan Online Diet Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of The Switch Plan Online Diet Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Switch Plan Online Diet Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Switch Plan Online Diet Ltd.
The Switch Plan Online Diet Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Switch Plan Online Diet Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
YOU may terminate your agreement with us, and subsequent payments, by sending a message via text or WhatsApp to 07810481981. We do not accept termination notifications by any other means.
Payment
Your payment will be handled by either Stripe, GoCardless or Paypal. We do not accept part payments. Payments are non refundable once made however if you wish to make a claim for a refund on the program this must be done within 72 hours of payment being made. Any decision to refund you will be at the absolute discretion of The Switch Plan Online Diet Limited.
Your payments will be handled by either Stripe, GoCardless or Paypal. Your monthly subscription is payable in advance and by recurring subscription.
You may cancel at any time by text or WhatsApp to 07810481981. There are no charges to cancelling and no notice period required however payments will continue automatically until you instruct me otherwise.
We will assume, even in the absence of communication from you, that you wish to continue until such time as we hear from you via text or WhatsApp and payments will therefore continue.
Indemnification
You agree to defend, indemnify and hold harmless The Switch Plan Online Diet Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall The Switch Plan Online Diet Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
When following the company program you are doing so responsibly with your own guidance and take full responsibility for the effects on your body which you may experience along the way.
As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and any of the programs from The Switch Plan and The Switch Plan Online Diet Limited is no exception. All exercise carries a serious risk of injury and or death and you voluntarily agree to participate in this highly hazardous activity.
It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks also exist for those who are currently in good health right now.
Resistance Bands must always be anchored to an immovable object and only used in accordance with the manufacturers instructions.
Our company does not act as medical doctors. You MUST consult your doctor before beginning ANY of our programs or exercise programs, no exceptions. You MUST consult your doctor/physical therapist immediately in the event or illness or injury and follow their direct advice which could mean stopping the program altogether. You are using the chosen program at your own risk and The Switch Plan Online Diet Limited is not responsible for any injuries or health problems you may experience or even death as a result of using The Switch Plan.
The recipes/meals/snacks that are available as part of your program do not constitute an alternative to traditional medicine. If you are aware or suspect any medical condition that could be affected by a change of diet you MUST consult your doctor prior to starting the plan.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Switch Plan Online Diet Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will The Switch Plan Online Diet Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by The Switch Plan Online Diet Ltd or any person for whom The Switch Plan Online Diet Ltd is responsible, and even if The Switch Plan Online Diet Ltd has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact us.