THESE TERMS GOVERN
The use of The Transform8, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Transform8 is provided by:
Principals Consulting
73 The Broadway
Oadby
Leicester
Leicestershire
England
LE2 2HG
Owner contact email: help@transform8.me
WHAT THE USER SHOULD KNOW AT A GLANCE
– Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
– Usage of Transform8 and the Service is age restricted: to access and use Transform8 and its Service the User must be an adult under applicable law.
– The right of withdrawal only applies to European Consumers.
– Transform8 is an 8-week programme that users pay for, there is no auto renewal. Should users wish to repeat the programme, they will need to pay a fee for another programme. Important:
– Consumers based in Germany have different rules applying to them as described in the relevant section of these Terms.
– For the purposes of these terms and conditions
– The Website refers to https://transform8.me
– Owner refers to Transform8
– Consumer, Participant or Users refers to the person procuring services from the Owner.
– The Subscription period is 10 weeks compromising of one week before the programme starts and one week after it ends. The dates will however vary based on the programme cycle you choose.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Transform8 are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Transform8 are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using Transform8. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Transform8, Users confirm to meet the following requirements:
– There are no restrictions for Users in terms of being Consumers or Business Users;
– Users must be recognised as adult by applicable law;
– Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
– Users aren’t listed on any U.S. Government list of prohibited or restricted parties;
REGISTRATION
To use the Service Users must have a Facebook account and join the programme through their registered Facebook account email address. Failure to do so will cause unavailability of the Service.
Users are not required to share their passwords for their account, only their email address.
By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
CONDITIONS FOR ACCOUNT REGISTRATION
Registration of User accounts on Transform8 is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
– Accounts registered by bots or any other automated methods are not permitted.
– Unless otherwise specified, each User must register only one account.
– Unless explicitly permitted, a User account may not be shared with other persons.
ACCOUNT TERMINATION
Users can terminate their account and stop using the Service at any time by doing the following:
– By using the tools provided for account termination on Transform8.
– By directly contacting the Owner at the contact details provided in this document.
ACCOUNT SUSPENSION AND DELETION
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
CONTENT ON TRANSFORM8
Unless where otherwise specified or clearly recognisable, all content available on Transform8 is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Transform8 infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
RIGHTS REGARDING CONTENT ON TRANSFORM8 – ALL RIGHTS RESERVED
The Owner holds and reserves all intellectual property rights for any such content.
Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Transform8, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on Transform8, the User may download, copy and/or share some content available through Transform8 for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
CONTENT PROVIDED BY USERS
The Owner allows Users to upload, share or provide their own content to Transform8.
By providing content to Transform8, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
RIGHTS REGARDING CONTENT PROVIDED BY USERS
Users acknowledge and accept that by providing their own content on Transform8 they grant the Owner a non-exclusive, fully paid up and royalty-free license to process such content solely for the operation and maintenance of Transform8 as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Transform8. Users acknowledge, accept, and confirm that all content they provide through Transform8 is provided subject to the same general conditions set forth for content on Transform8.
LIABILITY FOR PROVIDED CONTENT
Users are solely liable for any content they upload, post, share, or provide through Transform8. Users acknowledge and accept that the Owner does not filter or moderate such content. However, the Owner reserves the right to remove, delete or block such content at its own discretion and, without prior notice, to deny the uploading User access to Transform8:
– upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
– if a notice of infringement of intellectual property rights is received;
– If a notice of violation of a third party’s privacy, including their intimate privacy, is received;
– upon order of a public authority; or
– where the Owner is made aware that the content, while being accessible via Transform8, may represent a risk for Users, third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Transform8.
ACCESS TO EXTERNAL RESOURCES
Through Transform8 Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
ACCEPTABLE USE
Transform8 and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Transform8 and | or the Service violates no applicable law, regulations or third-party rights. Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Transform8 or the Service, terminating contracts, reporting any misconduct performed through Transform8 or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
– violate laws, regulations and/or these Terms;
– infringe any third-party rights;
– considerably impair the Owner’s legitimate interests;
– offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
PAID PRODUCTS
Some of the Products provided on Transform8, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Transform8. To purchase Products, the User must visit The Website.
PRODUCT DESCRIPTION
Prices, descriptions or availability of Products are outlined in the respective sections of The Website and are subject to change without notice. While Products on The Website are presented with the greatest accuracy technically possible, representation on The Website through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.
PURCHASING PROCESS
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
– Users must choose the desired Product and verify their purchase selection.
– After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
ORDER SUBMISSION
When the User submits an order, the following applies:
– The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
– In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
– Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
PRICES
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on The Website are displayed: either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
OFFERS AND DISCOUNTS
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of The Website. Offers and discounts are always granted at the Owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
METHODS OF PAYMENT
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of The Website. All payments are independently processed through third-party services. Therefore, Transform8 does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
RETENTION OF USAGE RIGHTS
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
ELECTRONIC COMMUNICATIONS
Visiting the Website or the Programme, signing up for an account, subscribing to the Owner and/or sending emails to the Owner constitute electronic communications. You therefore consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.
The Owner does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
DELIVERY
PERFORMANCE OF SERVICES
The purchased service shall be performed or made available within the timeframe specified on Transform8 or as communicated before the order submission.
CONTRACT DURATION
Fixed-term subscriptions
Paid fixed-term subscriptions start on the start date of the programme cycle the User has chosen and will be specified during the purchasing process. Once the subscription period expires, the Product shall no longer be accessible by the user.
USER RIGHTS
RIGHT OF WITHDRAWAL
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
WHO THE RIGHT OF WITHDRAWAL APPLIES TO
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
EXERCISING THE RIGHT OF WITHDRAWAL
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire? Regarding the purchase of a service, the withdrawal period expires 14 days after the day purchase is entered into, unless the User has waived the withdrawal right.
EFFECTS OF WITHDRAWAL
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
ON THE PURCHASE OF SERVICES
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided. Such payment shall be calculated based on the fee contractually agreed upon and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
UK USER RIGHTS
RIGHT TO CANCEL
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance * digital contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
EXERCISING THE RIGHT TO CANCEL
CONTRACT AGREED BUT DIGITAL CONTENT NOT DELIVERED:
If for any reason after joining you feel Transform8 programme is not for you, and you request to withdraw within 14 calendar days, which is classified as cancellation and cooling off period before we issue the first exercise and nutrition plan (digital content), we will give you a full refund. The refund will be processed within 5 days of you notifying us and your payment will be returned to the original payment source.
CONTRACT AGREED & DIGITAL CONTENT IS DELIVERED:
Please note that you agree to waive-off your rights for cancellation even within the cooling off period of 14-days, if the digital content has been delivered. The refunds can only be given prior to us sending you the Transform8 recipe Plans (digital content) (typically a week before the start date) and not afterwards.
DEFERRALS TO A FUTURE CYCLE:
The management reserve the right to agree deferrals & charge a deferral fee of £20. The fee will be applied when the User registers for the next cycle.
EFFECTS OF CANCELLATION
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
ON THE PURCHASE OF PHYSICAL GOODS
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
LIABILITY AND INDEMNIFICATION
Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
INDEMNIFICATION
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer’s fees and costs — made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
LIMITATION OF LIABILITY
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Transform8 has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
AUSTRALIAN USERS
LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US USERS
DISCLAIMER OF WARRANTIES
Transform8 is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:
– any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
– any damage, loss or injury resulting from hacking, tampering or other unauthoriSed access or use of the Service or User account or the information contained therein;
– any errors, mistakes, or inaccuracies of content;
– personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
– any unauthoriSed access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
– any interruption or cessation of transmission to or from the Service;
– any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
– any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
– the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
INDEMNIFICATION
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
– User’s use of and access to the Service, including any data or content transmitted or received by User;
– User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
– User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
– User’s violation of any statutory law, rule, or regulation;
– any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
– User’s wilful misconduct; or
– statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
COMMON PROVISIONS
NO WAIVER
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
SERVICE INTERRUPTION
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
SERVICE RESELLING
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Transform8 and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.