These terms cover both 'one off payment', 'subscriptions' and 'instalment packages'
Our Website
By accessing the Move With Molly website (mwmplan.com) (the Website) and/or using the Service (defined below) offered, the user must agree to be bound by these terms and conditions.
MOVE WITH MOLLY TERMS OF USE
1. AGREEMENT
1.1. These terms and conditions (the Terms) are the terms on which the Website and the Service may be made available to you from time to time. By accessing the Website and/or using the Service you agree to be bound by these Terms. If you do not agree to any of these Terms, then please do not use the Website or the Service.
1.2. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.
1.3. These Terms are only available in the English language.
1.4. Please note that in order to subscribe to the Service you must be aged 18 years or older.
2. GENERAL INFORMATION ABOUT US
2.1. The Service is provided by Vici Digital Limited a company registered in England and Wales under registration number 11864539 and our registered address is 281 Roman Road, Mountnessing, Essex, CM15 5UH ("we"/"us"/"our").
2.2. If you have any feedback, questions, complaints or comments about this Website or the Service or any requests for technical support regarding your use of the Website and/or the Service then please email us at support@mwmplan.com
3. 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 do not guarantee that the Website and/or the Service, or any of the Content, is virus free. We strongly recommend that you install virus protection software on your Device.
4. Customer Use
4.1 You should always check the contact information you provide is correct before creating a customer account or proceeding to payment.
4.2 Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.
5. Account Integrity
5.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate and not misleading. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party or vulgar, obscene or in any other way inappropriate.
5.2 You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
5.3 You are responsible for your customer account and any actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
6. Product & Service Pricing
6.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).
6.2 We reserve the right to alter all product and service pricing without notice.
7. Your Order
7.1 When you place an order this constitutes an offer made to us to purchase a product or service.
7.2 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
7.3 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
8. Charges and Payments
8.1 After satisfactory payment of any fees and confirmation of active account you will have access to the website content, and the products and services provided by the website for your access period.
8.2 If you choose a monthly subscription the first payment will be charged to your payment card or debited from your bank account at time of purchase, using the account details you provided. Subsequent monthly charges will be debited on the same billing date as the initial payment, and your subscription will continue until you cancel it in accordance with Section 9 below or until we cancel it in accordance with Section 11 below. If you do not cancel the subscription will continue each month until it is cancelled.
8.3 If you choose a one off payment option the payment will be charged to your payment card or debited from your bank account at time of purchase, using the account details you provided and you will have access for the displayed amount of time unless we restrict your access in accordance with Section 11 below.
8.4 If you choose the instalment plan the first payment will be charged to your payment card or debited from your bank account at time of purchase, using the account details you provided. The subsequent 2 x monthly charges will be debited on the same billing date as the initial payment and you will have access for the displayed amount of time unless we restrict your access in accordance with Section 9 below.
9. Cancellation Rights, Defects and Refunds
9.1 Where your access grants you immediate access to any downloadable, electronic or “softcopy” goods or other electronic services of immediate value you will be required to tick the box at the checkout waiving your right to a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.2 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
9.3 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
9.4 Once a refund is issued your access will be terminated. Any content or data in your account will be deleted.
9.5 Where a term of 3 months instalments are chosen cancellation is not permitted until the end of the 3 month period and we will not issue you a refund or cancel any other pending payments within this time.
9.6 When selecting a subscription you can cancel anytime after your agreed period by emailing us at support@mwmplan.com or contacting us via live chat. If you wish to cancel your monthly subscription with us, you must give us notice to cancel at least 3 days before your next payment is due to be collected.
10. Content Submission
10.1 Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of Move With Molly.
10.2 As a user you agree not to do any of the following:
10.2.1 Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
10.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
10.2.3 Use or harvest data provided by other users in a way that they would object to.
10.2.4 Contact other users in ways they may find inappropriate.
10.2.5 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
10.2.6 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
10.2.7 To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
10.2.8 To transmit or transfer any viruses, trojans, worms or any other malicious programmes or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
10.2.9 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
10.2.10 Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
10.2.11 Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
10.2.12 Make commercial posts or comment spam or attempt to disguise such spam as content.
10.2.13 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
10.2.14 Use any robot, spider, scraper or other technical means to access the website or content on the website.
10.3 If you breach these Terms and Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and our website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
10.4 The above list is not intended to be exhaustive.
11. Suspensions or Termination
11.1 We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.ƒ
11.3 On termination any content or data in your account will be deleted.
12. Access
12.1 We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.
13. Disclaimer
13.1 We are not responsible for the accuracy of any content on the website nor any advertisements placed on the website.
13.2 You should consult with your doctor or other healthcare professional before partaking in this fitness, nutrition and mindset programme in order to decide if it is right for your needs; especially if you (or your family) have history of heart disease or high blood pressure, if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, have high cholesterol, smoke, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.
13.3 Do not start Move With Molly if your doctor or healthcare professional advises against it.
13.4 If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. If you think you are having a medical or health emergency, call a healthcare professional, or 999 (UK), 911 (US) or if those do not apply the nearest emergency services number to your location, immediately.
13.5 Move With Molly offers health, fitness, mindset and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional advice, diagnosis, or treatment. If you have any concerns or questions about your health, always consult with a doctor or other healthcare professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read or watched on this site.
13.6 The use of any information provided on this site is solely at your own risk.
13.7 No assurance can be given that the content contained in Move With Molly will always include the most recent findings or developments with respect to the particular material.
13.8 We are not responsible for any links to third party websites from our website and the inclusion of any link does not imply an endorsement of a third-party website by us.
14. Customer Complaints
14.1 We endeavour to respond to all customer complaints or queries within five working days. Please send these complaints to support@mwmplan.co.uk
15. Privacy
15.1 We take your privacy seriously. We are registered under and comply with the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.
16. Events outside our control
16.1 We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
17. Licence
17.1 We grant you a licence to access the content, information and services contained within our website for consumer use only.
17.2 This licence allows you to download and cache (using your browser) individual pages from our website.
17.3 This licence does not allow you to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
17.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
17.5 Our website cannot be placed within the frame-set of another website.
17.6 Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
17.7 The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
18. Copyright
18.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Move With Molly and its sub-contractors, unless expressly acknowledged as otherwise or provided by a user as part of content submission.
18.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
19. Severability
19.1 The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
20. Waiver
20.1 Failure by usto enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. The Consumer Rights Act 2015
21.1 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
22. Your Statutory Rights
22.1 Where acting as a consumer your statutory rights are unaffected.
23. Entire Terms & Conditions
23.1 These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, without giving notice.
24. Jurisdiction
24.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our Contact Details
Our contact details are as follows:
Vici Digital Ltd, c/o 281 Roman Road, Mountnessing, Essex, CM15 5UH
Email: support@mwmplan.com