WEBSITE TERMS & CONDITIONS OF USE

Please note that your use of this Site and the Services is an acknowledgement that you have read, understood and accept these Terms & Conditions and our Privacy Statement. If you do not agree to these Terms & Conditions or our Privacy Statement, do not use or interact with this Site or avail of the Service in any way.

This Site and the Services are operated and provided by Reset Therapy Limited Limited, trading as Reset Therapy Limited, at 2 Dublin Landings, North Dock, Dublin. Any references in these Terms & Conditions or our Privacy Statement to “we”, “us” or “Reset Therapy Limited” refer to Reset Therapy Limited, while any references to “you” means you personally or the company, person or entity, on whose behalf you are accepting these Terms & Conditions.

If you have any questions regarding these Terms & Conditions or our Privacy Statement please contact us at support@12weekreset.com.

1. UPDATED TERMS & CONDITIONS OF USE

Reset Therapy Limited reserves the right to modify these Terms & Conditions and our Privacy Statement at our discretion. The most current version will always be available at www.12weekreset.com/terms_and_conditions. If the modifications are material we may notify you via the email address associated with your account that modifications have been made to these Terms & Conditions and/or the Privacy Statement, however, failure to notify you will not affect the effectiveness of any modifications. By continuing to access or use the Site or avail of the Services after those modifications become effective, you agree to be bound by the modified Terms & Conditions and will be deemed to have accepted any modification.

Please ensure that you carefully review any update to these Terms & Conditions and/or our Privacy Statement as your use of this Site or the Services constitutes your unconditional agreement to follow and be bound by these Terms & Conditions and our Privacy Statement.

2. OWNERSHIP AND TERRITORY

All pages of this Site are owned or controlled by Reset Therapy Limited Limited and are protected by worldwide copyright laws. You may download pages only for your personal use or for non-commercial purposes but no modification or further reproduction of the pages is permitted. The pages may otherwise not be copied or used in any way.

This Site is controlled and operated by Reset Therapy Limited from Ireland. Reset Therapy Limited does not make any representation that this Site, its content or the Services are appropriate or suitable for use in countries other than in any Member State of the European Union or in the United States of America, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, its content or the Services or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise), this Site, its content or the Services or any part of them are not directed at you.

Reset Therapy Limited will use reasonable commercial efforts to include up-to-date and accurate information on the Site, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Reset Therapy Limited shall not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance on any information provided on this Site.

3. PRIVACY STATEMENT

Our Privacy Statement deals with how we may use the information you provide to us and information we collect during your use of the Site. Please carefully read our Privacy Statement as it, along with these Terms & Conditions will govern your use of the Site and the Services.

Any information that you provide to Reset Therapy Limited is subject to our Privacy Statement, which governs our collection and use of such information. You understand that through your use of the Site and the Services you consent to the collection and use (as set forth in our Privacy Statement) of this information.

4. GENERAL TERMS AND CONDITIONS

You may only use the Site and the Services in compliance with these Terms & Conditions and all applicable laws, regulations and industry codes of practice. If you violate any of these rules, then we may suspend or terminate your account.

4.1 Your Use of Reset Therapy Limited Services

These Terms & Conditions constitute both a binding legal contract between you and Reset Therapy Limited regarding (i) the use of the Site and (ii) the provision of the Services.

4.2 Eligibility

Our Services are not appropriate for you if you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Services are not appropriate for pregnant women, children or adults over 65. It is solely your responsibility to ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements.

To use this Site or the Services you must be at least 18 years old (or the age of legal majority in your jurisdiction, if different than 18) and have the capacity to contract.

Any access to or use of the Site, Services, associated applications and Services by anyone under 18 (or the age of legal majority in your jurisdiction, if different than 18) is expressly prohibited.

By accessing or using the Site, Service, associated applications or Services you represent and warrant that you are 18 or older (or the age of legal majority in your jurisdiction, if different than 18).

Reset Therapy Limited may refuse to Service, and may close accounts of any users under the age of 18 at any time. Reset Therapy Limited may change these eligibility requirements at any time.

4.3 Your Contact Information

You must provide true, complete and up-to-date contact information.

4.4 Copyright & Other Intellectual Property

Subject to these Terms & Conditions all Intellectual Property Rights and other rights in the content of this Site are the property of Reset Therapy Limited or its licensor. All text, photographs, graphics, button icons, images, audio clips, and software on the Site belong exclusively to Reset Therapy Limited or its affiliates. The collection, arrangement, and assembly of all content on this Site belongs exclusively to Reset Therapy Limited or its affiliates. All software used on this Site is the property of Reset Therapy Limited its affiliates or its software suppliers. A number of trademarks appear on this Site which belong to Reset Therapy Limited, or their respective owners. Nothing in these Terms & Conditions gives you a right to use the Reset Therapy Limited name or any of the Reset Therapy Limited trademarks, logos, domain names, and other distinctive brand features.

4.5 Compliance with Laws

You agree that you may only access the Site and avail of the Service for purposes that are legal, proper and in accordance with any applicable laws, policies, guidelines and industry codes of practice.

You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site and the Services. You must not use the Site or avail of the Services in a way that violates any applicable laws or regulations.

4.6 Data Protection

Reset Therapy Limited is a data controller and you are a data subject, for the purposes of the Data Protection Acts.

By providing Reset Therapy Limited with information you consent to the transfer and processing of such information, including any Personal Data, by Reset Therapy Limited and such third parties as required for Reset Therapy Limited’s business purposes.

In doing so you consent to:

·        the transfer of such information and Personal Data to countries outside the European Economic Area (i.e. all countries in the European Union together with Norway, Iceland and Lichtenstein). We shall seek to ensure that any such transfer provides a similar level of protection, as that which applies to Personal Data in the Republic of Ireland by ensuring transfers are made to through the use of EU Commission approved clauses in data transfer agreements, or other means permitted pursuant to the Data Protection Acts; and

·        the transfer of such information and Personal Data to third parties for the processing of payments (including the transfer of credit card details), reporting, providing the Services and compliance with regulatory and/or legal requirements.

5. PROHIBITED USES

You may not upload any viruses, worms, Trojan horses, or other forms of harmful or malicious computer code, nor subject the Site’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website. By breaching this provision, you may commit a criminal offence under the Criminal Damages Act 1991, the Criminal Justice (Theft and Fraud Offences) Act 2001 or otherwise. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local or national law.

6. REGISTRATION

6.1 Setting Up Your Account

To avail of the Services you must register and set up an account with Reset Therapy Limited. As part of this registration process you will be required to provide certain information. You warrant that all information provided is accurate and pertains to you or a person, company or entity on whose behalf you are registering and that you have been given express consent to provide this information to us. Furthermore you agree to indemnify us from any claim made against us or loss suffered by us resulting from the above warranty.

6.2 Password/Username

You are responsible for safeguarding your Reset Therapy Limited password and for any activities or actions under your password. We encourage you to use a “strong” password, to provide for greater security. Reset Therapy Limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Reset Therapy Limited will provide you with a replacement password upon request, provided you meet the appropriate security checks. However, Reset Therapy Limited will not be liable for any loss you suffer as a result of you forgetting your username and password.

Reset Therapy Limited reserves the right to require you to change your password at any time, without cause.

6.3 Service Messages

As part of providing you the Service, we may need to provide you with certain communications, such as Service announcements and administrative messages. These messages are part of the Service and you may not be able to opt-out of them while using the Service. You hereby consent to the use of your personal Contact Details by Reset Therapy Limited, for these purposes.

6.3 Communication with Reset Therapy Limited

To ensure that Reset Therapy Limited provides a quality Service, communication between you and Reset Therapy Limited (or parties acting on Reset Therapy Limited’s behalf) may be recorded. Reset Therapy Limited will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with Reset Therapy Limited or for any other business purposes require to fulfill the terms of this contract.

7. LICENSE TO USE RESET THERAPY LIMITED 

Reset Therapy Limited gives any account holder a personal, non-assignable and non-exclusive license to use the software that is provided to you by Reset Therapy Limited for the sole purpose of allowing you to avail of the Service, in the manner permitted by these Terms & Conditions and all applicable laws.

8. AVAILABILITY OF THE SITE AND THE SERVICE

We aim to ensure that the Site and Services are available to you at your discretion. However, there may be occasions where we are forced to withdraw the Site or Services for a period of time. While we endeavour to limit any such period, Reset Therapy Limited will not be liable for any loss suffered resulting from such disruption.

8.1 Suspending or Varying Site Content

From time to time we will update the Site in an effort to ensure we provide the most up to date and efficient Service possible. We may vary any content or any of the technical specifications of the Site at any time. It may be necessary during such variations to suspend access to the Site or Service for a period of time. We reserve the right to suspend access to the Site or Service for such reasons and in addition for operational reasons such as repairs, maintenance, upgrading content or functionality of the Service or for the introduction of new Services. We will endeavour to limit the frequency and duration of these disruptions.

8.2 Operations of the Site and the Services

We use all reasonable endeavours to provide you with the quality of Service generally provided by a competent website provider exercising reasonable skill and care. However, there may be occasion when there may be faults on the Site or the Site may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control. Due to the nature of the Service and the internet generally Reset Therapy Limited gives no warranties that the Site and Services will be provided in a timely manner free from interruptions or errors.

 
Reset Therapy Limited tries to protect the integrity of the Site, however, Reset Therapy Limited gives no warranties that the Site will be secure, or that the Site or any part of it will be free from infection by viruses or anything else which has contaminating properties or which may cause damage.

8.3 Provision of the Service

While we endeavour to ensure uninterrupted and timely provision of the Service and to correct any faults which we become aware of within a reasonable period of time we cannot ensure this is always the case. The Service is provided without any warranty or guarantee (including those implied by law).

8.4 Changes to the Service

The Service that Reset Therapy Limited provides is always evolving and we may change the Service that Reset Therapy Limited provides from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to Reset Therapy Limited Users generally and may not be able to provide you with prior notice. We may create limits on use and storage at our sole discretion at any time without prior notice to you. We may suspend or terminate your account without liability to you.

9. Standard Terms of Sales

A Contract for a purchase of a Service comes into force after you tick the box confirming that you accept these Terms & Conditions and then complete an Order. A legally binding Contract is formed when we have sent you a confirmation email that your Order has been accepted.

9.1 Placing an Order

When placing an Order for the Service, you must follow the instructions on the Site as to how to make your Order and for making changes to your prospective Order before you submit it to the Site.

Irrespective of any previous price you have seen or heard, once you select a Service that you wish to Order, you will then be shown or told (on the Site) the Charges you must pay including tax, if applicable. Unless otherwise stipulated on the Site, all Charges are in the currency then in force in US dollars.

You shall pay for the Service in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full.

You undertake that all details you provide to us for the purpose of purchasing the Service from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your payment details before providing you with the Service.

When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.

9.2 Order acceptance

Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order. We shall not be obliged to supply the Service to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that acknowledgement, we may give you an Order reference number and details of the Service you have ordered. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have cancelled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Service. We may in our discretion refuse to accept an Order from you for any reason, or we may offer you an alternative Service (in which case we may require you to re-submit your Order first). A Contract shall be formed and we shall be legally bound to supply the Service to you when we accept your Order.

9.3 Order changes

If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact support@12weekreset.com immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.

We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure. If the price for the Order changes before we accept your Order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

9.4 Money Back Guarantee

Reset Therapy Limited offers a 14-day money back guarantee with 12 Week programs. To be eligible for this guarantee you must fully engage with the program and submite a refund request to support@12weekreset.com within 14 days.

10. Responsibility

It is your responsibility to ensure that the Services are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Services will meet your individual requirements. You acknowledge that the Services are standard and not made bespoke to fit any particular requirements that you may have.

We do not provide medical advice. When following exercise or nutrition instructions, demonstrations or plans you are doing so at your own risk, and you must take full responsibility for the effects on your body which you may experience along the way. Any guidance we may provide through the Service is not a substitute for professional medical or in person physiotherapy advice. Always ask your GP if in doubt.

Our Services are not appropriate for you if you are suffering an illness, injury or condition, such as cancer, HIV/AIDS, gastric band, heart, lung, liver, kidney or other organ disease, anorexia, bulimia. Our Services are not appropriate for pregnant women, children under 18 or adults over 65.

You must be in good health. You confirm that you are in good physical condition and know of no medical or other reason why you should not engage in any form of exercise.

11. CLOSING YOUR ACCOUNT

11.1 Suspension or Termination of Your Account

Reset Therapy Limited reserves the right to suspend or terminate your account and your right to use the Site and Service at any time. We may suspend or terminate your account and your right to use the Site and Service at any time if you are believed to be in breach of these Terms & Conditions.

If Reset Therapy Limited terminates or suspends your account or your right to use the Site or  Service for any of these reasons, you will not be entitled to any refund. In addition to terminating or suspending your account, Reset Therapy Limited reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Once your account is terminated, we may permanently delete your account and all the data associated with it.

If Reset Therapy Limited suspends access to your account, during any such suspension these Terms & Conditions and our Privacy Statement will continue to apply, until this Agreement is terminated by you or Reset Therapy Limited.

Even after your right to use the service is terminated or suspended, this Agreement will remain enforceable against you.

You or Reset Therapy Limited may terminate this Agreement at any time and for any reason by closing your account.

11.2 Inactive Accounts

If you do not log in to your account for 6 or more months, we may consider it to be “inactive” and may permanently delete the account and all the data associated with it.

11.3 Data Retention After Account Closure

We may choose to retain your account data after your account is closed where we reasonably believe it is necessary to address:

·        any future claims of breach of laws and/or regulations;

·        claims of copyright infringement;

·        claims of trademark or other intellectual property infringement;

·        claims of fraud; and

·        identifying future risks of breaches of law and/or regulations, fraud, security or technical issues.

You consent to the retention of your data and the data stored in your account for these purposes.

12. LIABILITY

To the fullest extent permitted by law Reset Therapy Limited nor any of its directors, employees, affiliates or other representatives will be liable for any loss or damage arising out of or in connection with:

·        your use of the Service;

·        your inability to access or use the Service;

·        loss of data;

·        claims of third parties;

·        failure to store or transmit data maintained by Reset Therapy Limited;

·        any advice, whether oral or written, obtained from Reset Therapy Limited;

·        your provision of incorrect Contact Details;

·        your device not supporting Reset Therapy Limited;

·        our failure to correctly register you for the Service;

·        any Reviews provided by or in relation to you which are displayed on or transmitted via the Site;

·        your information, third party information or any other material on the internet which can be accessed using the Service; or

·        any failure to do what we have promised because of something beyond our reasonable control such as technical failure, lightning, flooding, exceptionally severe weather, fire or explosion, civil disorder, war, military operations, industrial disputes of any kind (including those involving our employees), natural or local emergency, the acts or omissions of other providers of internet service or the failure of any mobile network or apparatus, anything done by the government or other competent authority,

even if Reset Therapy Limited has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

No advice or information, whether oral or written, obtained from Reset Therapy Limited will create any warranty not expressly made herein.

We do not accept liability in these Terms & Conditions, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information under any circumstances.

Our maximum aggregate liability arising out of or in connection with these Terms & Conditions whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service or the Site or operation thereof will be limited to the fees you have paid for availing of the Service during the twelve (12) months preceding the date on which the claim arose. The financial limit on liability set out above is the maximum liability of Reset Therapy Limited, any of its directors, employees, affiliates or other representatives.

However, nothing contained herein will operate to exclude or restrict our liability in respect of death or personal injury caused by our negligence or any other liability to the extent that it cannot be excluded or limited by law.

Except as expressly set out in these Terms & Conditions and our Privacy Statement, all representations, warranties, terms and conditions whether express or implied, in relation to the Site and the Service, are hereby excluded to the fullest extent permitted by law.

Each provision of these Terms & Conditions which seeks to exclude or limit liability operates separately. If any part is held by a court of competent jurisdiction to be unreasonable or inapplicable, the other parts shall continue to apply.

You agree to use reasonable endeavours to mitigate the consequences of any losses, costs, expenses, claims and demands incurred by you from your use of the Service and the Site.

The exclusions from and limitations of liability contained herein will apply after as well as before termination of this Agreement.

You access and use the Site and avail of the Service at your own risk. You understand and agree that the Site and the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.

13.INDEMINITY

You agree to indemnify Reset Therapy Limited against any claims or legal proceedings which are brought or threatened against us by a third party because the Site or Service is used by you in breach of the provisions of these Terms & Condition. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.

14.DISCLAIMER

The Site and Service may contain links to third-party websites or resources. We are not responsible or liable for the content availability or accuracy of these third parties. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

15. SEVERABILITY 

If any section of this Agreement is found by a court of competent jurisdiction not to be enforceable, then that section will be removed or edited as little as necessary, to ensure compliance, and the rest of these Terms & Conditions shall remain valid and applicable.

16. CONTINUING PROVISIONS

The following clauses of this Agreement shall continue to apply after termination of this Agreement, Clause 4, Clause 9, Clause 12, Clause 13, Clause 14, Clause 14, Clause 15, Clause 17, Clause 18 and this Clause 16, along will all warranties, indemnities and undertakings given by you.

17. WAIVER

The failure of Reset Therapy Limited to enforce any of the provisions of these Terms & Conditions, and the rights contained therein, will not be deemed to be a waiver of such provisions or rights.

18. GOVERNING LAW

These Terms & Conditions and any matter arising hereunder whether contractual or non-contractual shall be governed by the laws of Ireland, and you hereby agree to submit any dispute (contractual or non-contractual) regarding this Agreement to the jurisdiction of the Irish courts.

19. ENTIRE AGREEMENT

These Terms & Conditions and our Privacy Statement are the entire and exclusive Agreement between you and Reset Therapy Limited. These Terms & Conditions supersede and replace any previous Terms & Conditions or prior Agreements between you and Reset Therapy Limited, regarding the Site and the Service.

Save as provided for in the limitation of liability section, the parties do not intend that any of these Terms & Conditions will be enforceable by any person other than you, Reset Therapy Limited and any Reset Therapy Limited group members.

20. DEFINITIONS

The following terms shall, unless the context requires otherwise, have the following meanings in these Terms & Conditions:

“Agreement” means the entire agreement between you and Reset Therapy Limited which consists of these Terms & Conditions and our Privacy Statement;

“Charges” means the fees and charges associated with the Orders made on the Site. These Charges may be varied from time to time and it is the responsibility of the user to check the Charges prior to booking;

“Confirmation of Order” means a communication confirming acceptance of the offer to purchase a Service.

“Contact" or “Contact Details” means a mobile phone number and associated information like name, email, note stored in your Reset Therapy Limited account;

“Contract” has the standard legal definition.

“Data Protection Acts” means the Data Protection Acts 1988 and 2003 and all statutory instruments and/or any regulations issued under or in connection with these acts and the Data Protection and Privacy Regulations;

“Data Protection and Privacy Regulations” means the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 and 2008, together with Statutory Instrument No. 336 of 2011 (insofar as they relate to the Seller) and Statutory Instrument No. 336 of 2011 (insofar as it relates to the Purchaser)

“Intellectual Property Rights” means all patents, registered trademarks,  copyright (present and future, including rights in computer software in both object code and source code form), applications for any of the foregoing, moral rights, internet domain names, service marks, unregistered trademarks, goodwill in relation to the foregoing, database rights, sui generis rights, rights in designs (whether registerable or not), rights in products, services and processes,  topography rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which now or in the future subsist in any part of the world;

“Order” means an offer to purchase the Service.

“Personal Data” shall have the same meaning as set out in the Data Protection Acts, as may be amended from time to time;

“Review” means any and all written or oral feedback from a User in relation to the Service;

“Sensitive Personal Data” shall have the same meaning as set out in the Data Protection Acts, as may be amended from time to time;

“Service” or “Services” means the exercise and nutrition information and/or guidelines provided by Reset Therapy Limited in multimedia format The Service is provided on the Site.

“Site” means any website, mobile app or any other medium on which the Service can be accessed.