Legal

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

This Website is made available to you by Vitality TV Limited ("the Company").

BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY AND ACCEPT, THE TERMS AND CONDITIONS ON THIS WEBSITE (the "Terms") IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU MUST NOT USE THIS WEBSITE.

These Terms apply both to your use of, and to all Internet traffic visiting, this Website. Should you subscribe to any fee based products (known as "Subscription Products"), you must read these Terms in conjunction with any relevant additional terms (such as the below Additional Terms for The Vitality Programme).

The Company reserves the right, and without prior notice or liability, to discontinue, modify, alter or otherwise update these Terms at any time to be effective immediately upon posting. You agree that the Company should not be liable to you or any third party for any termination of your access to, or use of, this Website. By using this Website after the Company has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms. If you do not agree to these Terms, you should not use this Website and, if applicable, you should arrange to cancel your account(s) or subscription with the Company. You should check these Terms periodically for changes.

This Website will permit you to link to many other Website that may or may not be affiliated with this Website and/or with the Company, and that may have terms, conditions and notices of use that differ from, or contain terms, conditions and notices in addition to, the Terms specified on this Website. Unless expressly stated otherwise, the Company shall not be responsible for the operation of, connection to or content of those Websites. The level of service available on and from this Website may vary, and it may be inaccessible or "down" for periods of time. The Company reserves the right to suspend or discontinue this Website in whole or in part, for business or technical reasons.

RESTRICTIONS ON USE

This Website is owned, controlled, managed and operated by the Company.

Email: hello@vitalitytv.com

Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display this Website (and any Subscription Products) and the material provided hereon solely for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms.

The entire content on this Website is protected by copyrights, trademarks, service marks, and/or other intellectual property rights which are owned and controlled by the Company or by third parties that have licensed their content on this Website to the Company. Printing the contents is permitted, but taking digital copies is not permitted. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any content contained on this Website or our Subscription Products, in whole or in part. When any content is downloaded to your computer, you do not obtain any ownership interest in such content.

Unless you receive our prior written consent, you are strictly prohibited from modifying any content or use of the content for any purpose, including, but not limited to, use of any content in printed form or on any other Website or networked computer environment. You may request this consent by sending a request to hello@vitalitytv.com. Any infringements of this procedure will result in legal action.

As a condition to your use of this Website, you warrant to the Company that you will not use this Website (or any Subscription Products) for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.

You acknowledge that all content posted, emailed or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted are the sole responsibility of the person who made such postings. This means that you are wholly responsible for all postings that you place on this Website and the Company shall not be liable in any way for any postings placed on this Website by persons (including any commercial entities) other than ourselves.

The Company does also not control any such postings placed on this Website by others and therefore do not guarantee the accuracy or quality of such postings. The Company reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Website for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Website or who violate these Terms. If you violate any of these Terms, your permission to use this Website immediately terminates without the necessity of any notice.

If your permission to use this Website is terminated, you agree not to register or subscribe again to this Website using another use name or any other means. Should the Company have reason to suspect that your account has been previously terminated, the Company reserves the right to immediately terminate any such new account without the necessity of any notice.

DISCLAIMER OF WARRANTIES AND LIABILITY

Your use of this Website and/or video (and/or any Subscription Products) and any subsequent continued use constitutes your acceptance that such use is at your sole discretion and risk. Your use of this Website and/or video (and/or any Subscription Products) and any subsequent continued use constitutes your acceptance that the service offered does not constitute medical advice and is not intended to be and should not be used in place of the advice of your doctor or other healthcare professional. You should always consult your doctor or other healthcare professional before starting any diet or fitness program and should refrain from starting such a diet or fitness programme if your doctor or healthcare professional advises against it.

No documentation on this site should be used to diagnose, treat, cure or prevent any disease. The Company is not responsible for any self or third party diagnosis made by visitors based on the content of this Website or any videos.

This Website and services (including any Subscription Products) are provided on an "as is" and "as is available" basis without any representation or endorsement made and without any warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The Company shall only be liable for direct loss arising out of or resulting from the use of this Website (or Subscription Products), whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events, except in relation to liability, loss and damage for death or personal injury for which no limit applies.

To the extent permitted by law, the Company will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with this Website and any Subscription Products.

The Company makes no warranty that this Website and any Subscription Products will meet your requirements; that content will be accurate or reliable; that the functionality of this Website and its services will be uninterrupted or error free, or that any defects will be corrected.

The Company tries to ensure that the services provided are free from harmful content, such as malware and viruses, and does not take responsibility for the consequences of the aforementioned. Should you detect a risk to the security of the Company's services or its users, you are asked to contact the Company immediately and provide as much information as possible. Further, the Company does not warrant or make any representations regarding the results that may be obtained from the use of this Website (and/or Subscription Products) in respect of its accuracy or reliability. The content may include inaccuracies, typographical errors and omissions.

INDEMNITY

You agree to indemnify and hold the Company harmless from and against any breach by you of any terms of use of this Website (or Subscription Products) or any videos and any claim or demand brought against the Company by any third party arising out of your use of the services and/or any content submitted, posted or transmitted through the services, including without limitation all claims, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Company in consequence of your breach of these terms.

You are solely responsible for safeguarding the confidentiality of any user name, password or any other piece of information as part of the Company's procedures. You must treat such information as confidential and you must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@vitalitytv.com. In the event of breach of security by you, you are solely responsible and will remain liable for any unauthorised use of any account which you hold with the Company. You agree to indemnify the Company against all liabilities, claims and expenses (including reasonable legal fees) that may arise out of or in connection with (a) any breach of these Terms by you or through a machine on which you access the Site; (b) any of your user-contributed content infringing these Terms or the rights of any person or entity; or (c) any rental or other property-related transaction to which you are party or that is entered into in connection with this Site.

If any claim is made against us that you indemnify us for under the Terms, then (a) we will have the right to conduct its defence and settlement, but (b) we will take reasonable account of any representations you make to us as to such defence and settlement.

SEVERABILITY

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

These Terms are for the benefit of you and the Company, and are not intended to benefit any third party or be enforceable by any third party. The exercise of the Company's and your rights in relation to these Terms is not subject to the consent of any third party.

LAW AND JURISDICTION

These Terms (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Website) are governed by and shall be construed in accordance with the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English and Welsh courts in all disputes arising out of or relating to the use of this Website. Those who choose to access this Website from outside the United Kingdom are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Website in violation of UK and EU export laws and regulations.

COOKIES

We currently use cookies on this Website so as to enhance the performance of our site. You may alter your cookie settings at any time to reject the use of our cookies however you might lose some functions of this Website. If you do not wish to receive cookies, you can modify your browser and delete cookies that have already been set. The Help function within your browser should assist you.

Your continued use or failure to alter your settings will amount to acceptance of the cookies. In the event that our cookie policy/use changes then we shall update these terms of use.

PRIVACY POLICY

The Company will only use any personal information supplied by you when you use this Website in accordance with its Privacy Policy.

The Company collects personal information when you create an account with this Website, when you use the Company's products or services, when you visit Website pages and when you enter promotions. The Company automatically receives and records information on our server logs from your browser, including your IP address, cookie information and the page you request. The Company uses such information for the following purposes: to customise the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research and provide aggregated, anonymous reporting for internal and external clients.

The Company may set and access the Company's cookies on your computer in accordance with our Cookie Policy below. The Company lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Advertisers or other companies do not have access to the Company's cookies. These third party advertising companies serve ads when you visit our website. These companies may use non-identifiable information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

You can edit your account information at any time.

You can delete your account by emailing the Company on hello@vitalitytv.com.

The Company may update this Privacy Policy at any time. The Company will notify you of any significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account or by placing a prominent notice of the Website.

The Company does not rent, sell or share personal information about you with other people or non-affiliated companies except to provide products or services you have requested or when we have your permission to do so.

The Company undertakes not to disclose your personal information to third parties, including but not limited to local authorities and any government institution, save in accordance with this Privacy Policy or as is required by law. In the event of an insolvency practitioner be appointed in relation to all or part of the Company, the insolvency practitioner may disclose your personal information to a third party purchaser of the Company, provided the purchaser undertakes to use such information in accordance with this Privacy Policy.

You may call us on 0044 (0)20 8670 0786. Our Registered Office is at Wilson Stevens LLP, Third Floor 111 Charterhouse Street, London, EC1M 6AW.

ADDITIONAL TERMS FOR THE VITALITY PROGRAMME

The following Additional Terms for The Vitality Programme are supplemental to the Websites Terms above and must be read in accordance with the Terms.

30 DAY MONEY BACK GUARANTEE

We are 100% committed to your success and ask that you are too. However, we understand that everyone is different, so if you take part in The Vitality Programme, watch all of the materials we ask you to watch, complete all of the workbook items we ask you to complete, take part in all of the weekly coaching calls and give as much effort as you feel your health deserves, and are not 100% satisfied with the results you have seen after 30 days and after having reviewed your baseline measurements with your coach, are still convinced The Vitality Programme is not for you, we will refund 100% of your money no questions asked.

OUR FEES AND CHARGES FOR SUBSCRIBING TO THE VITALITY PROGRAMME

We want to make The Vitality Programme accessible to everyone and understand that sometimes this means you may need to pay in instalments. Because we don’t want your experience to be interrupted there are some things we ask of you.

This service is only available to non-commercial individuals who purchase The Vitality Programme. The effect of subscribing to The Vitality Programme is:-

  1. You agree to pay, using a valid form of payment (as dictated from time to time by the Company), such sums as are initially payable;
  2. You agree to ensure that your account holds sufficient funds and is properly set up in order to make payment for all future sums payable in accordance with The Vitality Programme. Should any payment not be received by the Company, the The Company reserves the right to immediately terminate your subscription to The Vitality Programme and your permission to use this Website will also immediately terminate without the necessity of any notice;
  3. In order for you to use your subscription to The Vitality Programme, you agree to provide the Company with true and accurate information as required by The Vitality Programme and update us immediately should any such information change;
  4. In addition to all agreed fees and charges payable to the Company, you are responsible for all additional payments including but without limitation, all telephone lines, internet service provider fees, computer equipment and any other charges incurred in order to access this Website and your subscription to The Vitality Programme;
  5. You are solely responsible for safeguarding the confidentiality of any user name, password or any other piece of information as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@vitalitytv.com. In the event of breach of security by you, you are solely responsible and will remain liable for any unauthorised use of any account which you hold with the Company;
  6. The Company reserves the right to modify, alter or otherwise update the Additional Terms for The Vitality Programme at any time to be effective immediately upon posting. You will be notified of a new or amended version of the Additional Terms for The Vitality Programme as details of any changes will be posted on this Website. By using your subscription to The Vitality Programme contained on this Website after the Company has posted notice of such modifications, alterations or updates, you agree to be bound by the revised Additional Terms. If you do not agree to these Additional Terms for The Vitality Programme you should not use your subscription to The Vitality Programme and arrange to cancel your subscription with the Company by emailing hello@vitalitytv.com. You may seek a refund from the Company if in accordance with the Company's Termination and Cancellation of Subscription to The Vitality Programme below.
  7. You should also check the Additional Terms for The Vitality Programme periodically for changes.
  8. The Company also reserves the right, and without prior notice or liability, to discontinue, modify or alter any aspect of The Vitality Programme. You agree that the Company shall not be liable to you or any third party for any termination of your access to, or use of, this Website and/or The Vitality Programme.

OUR FEES AND CHARGES FOR SUBSCRIBING TO THE SUPPORT PACKAGE

We want to make the Support Package accessible to everyone and because we don’t want your experience to be interrupted there are some things we ask of you.

This service is only available to non-commercial individuals who purchase the Support Package. The effect of subscribing to the Support Package  is:-

  1. You agree to pay, using a valid form of payment (as dictated from time to time by the Company), such sums as are initially payable;
  2. You agree to ensure that your account holds sufficient funds and is properly set up in order to make payment for all future sums payable in accordance with the Support Package. Should any payment not be received by the Company, the The Company reserves the right to immediately terminate your subscription to the Support Package and your permission to use this Website will also immediately terminate without the necessity of any notice;
  3. In order for you to use your subscription to the Support Package, you agree to provide the Company with true and accurate information as required by the Support Package and update us immediately should any such information change;
  4. In addition to all agreed fees and charges payable to the Company, you are responsible for all additional payments including but without limitation, all telephone lines, internet service provider fees, computer equipment and any other charges incurred in order to access the Website and your subscription to the Support Package;
  5. You are solely responsible for safeguarding the confidentiality of any user name, password or any other piece of information as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@vitalitytv.com. In the event of breach of security by you, you are solely responsible and will remain liable for any unauthorised use of any account which you hold with the Company;
  6. The Company reserves the right to modify, alter or otherwise update the Additional Terms for the Support Package at any time to be effective immediately upon posting. You will be notified of a new or amended version of the Additional Terms for the Support Package as details of any changes will be posted on this Website. By using your subscription to the Support Package associated with this Website after the Company has posted notice of such modifications, alterations or updates, you agree to be bound by the revised Additional Terms. If you do not agree to these Additional Terms for the Support Package you should not use your subscription to the Support Package and arrange to cancel your subscription with the Company by emailing hello@vitalitytv.com. You may seek a refund from the Company if it is in accordance with the Company's Termination and Cancellation of Subscription to the Support Package below.
  7. You should also check the Additional Terms for the Support Package periodically for changes.
  8. The Company also reserves the right, and without prior notice or liability, to discontinue, modify or alter any aspect of the Support Package. You agree that the Company shall not be liable to you or any third party for any termination of your access to, or use of, this Website and/or the Support Package.


TERMINATION OR CANCELLATION OF SUBSCRIPTION TO THE VITALITY PROGRAMME

In addition, the Company may terminate or cancel your subscription to the Support Package at any time and, unless cancelled during the initial 28 days of your subscription, you will not be entitled to any refund. If the Company reasonably suspects that a subscription is being used by any person other than yourself, the Company reserves the right to terminate your subscription to the Support Package immediately without any refund and may take legal action.

Upon cancellation or termination of your subscription to the Support Package, we may immediately deactivate all your accounts held with the Company and prevent you having access to such information included on the Website and as part of the subscription to the Support Package and The Vitality Programme.