TERMS AND CONDITIONS
IMPORTANT LEGAL DISCLAIMER
These Terms and Conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time, apply to your use of (an subscription to) the Platform and any other forum made available to you by TCC.
These Terms and Conditions are entered into by and between you as a User and TCC, and supersede and replace any terms and conditions that you may have previously agreed with TCC in connection with the Platform.
By using the Platform or Products you agree that you have observed these Terms and Conditions, including any Privacy or other Policies which may appear elsewhere on the Platform.
If you do not agree with these Terms and Conditions, you must cease your use of the Platform and Products immediately.
TCC reserves the right to amend these Terms and Conditions from time to time without notice to you. It is your responsibility to remain appraised of the current version of these Terms and Conditions. Please refer to the last revision date at the top of this document. Continued use of the Platform and/or Products subsequent to any amendments having been made constitutes your acceptance of the Terms and Conditions as amended.
1. DEFINITIONS
1.1. “Digital Products” includes, without limitation, ebooks, pdf downloads, resource material, educational content, videos and online content;
1.2. “Intellectual Property” includes, without limitation, any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, domain name, registered and unregistered trademarks, know-how, trade secret, formula, research, report and/or information, discoveries, client information, marketing data, Digital Content, and any computer program, software, database or data right, processes and methods;
1.3. “Member” refers to any person who subscribes and pays a Subscription Fee/s;
1.4. “Platform” means the website at https://www.theconsistencycoach.co.za, the TCC mobile application, including any other forum TCC makes available to Users;
1.5. “Products” means any products or services available on the Platform or provided by TCC, including without limitation, personalised meal plans, workout programs, Digital Products and other educational advice;
1.6. “Subscription Fee/s” means payment or recurring payment made by Users in respect of TCC’s Products, payable daily, weekly, monthly or annually, as the case may be;
1.7. “TCC”, “we” means The Consistency Coach with registration number 2022-001116190 with its registered office being 447 Broadway, 2nd Floor Suit #81, New York, 10013;
1.8. “Terms and Conditions” means these terms and conditions applicable to all Users;
1.9. ”User Account” refers to an account created by Members on the Platform;
1.10. “User”, “you”, “your” means any person using the Platform, whether subscribed or unsubscribed, that accesses, views and uses the Platform, and/or uses the Products.
2. ELIGIBILITY
By accessing or using the Platform and/or Products, you confirm that you are of legal age in your country and not under 16 years old, or you have consent from your parent or guardian, you have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
3. SUBSCRIPTION SERVICE
3.1. Subscription
3.1.1. In order to become a Member and gain access to additional features and functionality of the Platform, including without limitation, receiving personalised meal plans, workout programs and other Digital Products, you are required to subscribe to the Platform.
3.1.2. You can subscribe on a monthly or annual basis, or for such other periods as prescribed by TCC from time to time. The Subscription Fees are set forth on the Platform.
3.1.3. If you subscribe, you will be automatically charged every period (monthly or annually) and you will continue to receive new updated meal plans and workout programs for the time that you choose to remain a Member.
3.1.4. TCC reserves the right to revise and update the Subscription Fee/s, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the Subscription Fees will apply prospectively to any subscription entered into following the effective date of the Subscription Fee/s revision or update.
3.1.5. After the trial, your subscription will renew automatically at the full Subscription Fee/s unless you cancel your subscription before the end of the trial. To cancel your subscription please refer to clause 4.5 below.
3.2. Promotions, Free Trials, Discounts
3.2.1. TCC may offer promotional campaigns like special prices, student discounts, or additional free trials, from time to time which may be subject to additional terms and conditions and it is your responsibility to read and agree to those terms.
3.2.2. Eligibility for any promotions or discounts is ascertained from the time you subscribe and cannot be changed during the term of your subscription.
3.2.3. TCC may provide a free trial subscription for a fixed period of time, as determined by TCC in its sole discretion. Unless otherwise stated by TCC in respect of specific promotions, free trials are only available to new TCC Members, and TCC reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable Subscription Fee/s.
3.2.4. TCC reserves the right to offer or remove free trials and change the free trial period at any time. The free trial will be set for a limited period as specified on the day of purchase. Unless cancelled before the end of the free trial period, your subscription will automatically switch to a paid subscription. Only new Members will be eligible for free trials.
3.3. Payment Details
3.3.1. You can pay your Subscription Fee/s on the Platform through our third party service provider.
3.3.2. The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process.
3.3.3. When you sign up as a Member and purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. TCC reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
3.3.4. In addition to the Subscription Fee/s you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
3.4. Automatic Renewal of Subscription
Your subscription will automatically renew unless you cancel at least 7 (seven) days before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your User Account and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for whereafter all Products will be removed from your User Account.
3.5. Cancellation and Refund of Subscription Fee/s
3.5.1. Where you have subscribed for the Platform, you may change your mind and receive a full refund of the amount you have paid for the subscription within 14 (fourteen) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"):
3.5.1.1. if you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends 14 (fourteen) days after you start the free trial - if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
3.5.1.2. if you purchase a subscription, you agree that the Cooling-off Period is available for 14 (fourteen) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
3.5.2. To exercise this right, please contact the us by sending an email to support@theconsistencycoach.co.za.
3.5.3. If you are eligible for a refund in accordance with the abovementioned clauses, TCC will refund you within 30 (thirty) days of the date of cancellation.
3.5.4. Following expiry of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by applicable laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
4. REGISTRATION OF USER ACCOUNT
4.1. When you subscribe and become a Member, you are eligible to create a User Account. The User Account will give you access to use certain additional features of the Platform.
4.2. When creating a User Account you will be required to provide certain personal information which is dealt with in accordance with our Privacy Policy.
4.3. TCC may, at its sole discretion:
4.3.1. limit the number of User Accounts that you may create or maintain;
4.3.2. stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or 4.3.3. refuse to create a User Account for you.
4.4. It is your responsibility to ensure that your User Account login details remain confidential and secure, including your user name, passwords and any other information that forms part of the TCC security procedures.
4.5. You agree to provide true, accurate, current and complete information about yourself as requested in all registration forms and to update information about yourself promptly, and as necessary, to maintain current and accurate records.
4.6. You agree that all information you provide to register and create a User Account, including but not limited to use of any interactive features on the Platform is governed by the TCC Privacy Policy, and you consent to TCC taking any action with respect to your information in a manner consistent with the TCC Privacy Policy.
4.7. You acknowledge and agree that your User Account is personal to you and you will not disclose your User Account login details to any other person or entity nor will you allow any other person or entity to have access to your User Account. You may never use any other person or entity’s account and they may not use yours.
4.8. If you have reason to believe that any other person or entity has used or is using your User Account or if your User Account has been subject to any other breach of security, you will immediately notify TCC at support@theconsistencycoach.co.za. It is your responsibility to immediately inform TCC of any apparent breach of security, such as loss, theft or unauthorised disclosure or use of a user name or password.
4.9. You acknowledge that you are solely responsible for all activities that occur on your User Account, regardless as to whether such activities occurred as a result of any other person or entity using your User Account. You agree that TCC will not be liable for any loss sustained or caused by any unauthorised access and use of your User Account. You further agree that you may be liable for the losses suffered by TCC due to any unauthorised use of your User Account.
4.10. You agree not to use your User Account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offence.
5. PRODUCTS
5.1. Once you have subscribed, TCC will deliver any Digital Products to you by way of email. If you do not receive an email from TCC with the Digital Products, you can immediately contact TCC with your transaction details. TCC will revert back to you with your Digital Products within 48 (forty-eight) hours.
5.2. You may not sell or resell any of the Products you receive from TCC. If in TCC’s sole discretion, it believes that any order to be filled or Products to be provided to you may result in the violation of these Terms and Conditions, TCC reserves the right, with or without notice, to cancel the Product and/or your subscription.
5.3. TCC does not make any promises, representations, warranties or guarantees with reference to the Products except such as are consistent with these Terms and Conditions or as expressly authorised by TCC in writing.
5.4. If for any reason TCC is unable to fulfil any order, you will be informed and entitled to a reimbursement for the USD value you have paid for such item.
5.5. TCC reserves the right to communicate any Product changes to you on the Platform, which may include but is not limited to, the discontinuation of Products.
6. HEALTH DISCLAIMER
6.1. TCC Products are designed to help you incorporate fitness in your lifestyle and reach your goals. Our meal plans, training programs and general advice should not be taken as medical advice.
6.2. The Products are not substitutes for direct, personal and professional medical advice.
6.3. We do not hold any medical qualifications and cannot diagnose any medical conditions Users may have.
6.4. Before using our Products, we recommend you to consult your medical / health professional to confirm your ability to start our eating plans and workout programs as it is important to ensure that you do not have any conditions including, but not limited to, heart disease, bad cholesterol, obesity, high blood pressure, chest pain and/or bone density issues.
6.5. If you are pregnant, you confirm you received approval from your doctor to start using our Products.
6.6. The information provided along with our Products and on the Platform is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. The Products are for educational purposes only and should not be taken as professional health or medical advice.
6.7. If you feel dizzy, faint or experience shortness of breath whilst using any of our Products, you should immediately cease using the Products and consult a medical or health professional.
6.8. There may be risks associated with using the Products, particularly for people with ill health or pre-existing physical or mental health conditions. As a result of these risks, you undertake not to use any Products. Should you decide to use the Products, you do so at your own risk. This is equally applicable to individuals who are of good health.
6.9. You recognise the risk of entering in any physical activity and eating plan and agree to be solely liable for any physical injury that may occur. You use our Products at your own free will and accord, knowingly and voluntarily assuming all risks associated therewith.
6.10. TCC SHALL NOT BE LIABLE FOR ANY INURIES OR HEALTH (BOTH PHYSICAL AND/OR MENTAL) PROBLEMS EXPERIENCED AS A RESULT OF YOUR USE OF THE PRODUCTS. TCC SHALL FURTHERMORE NOT BE LIABLE FOR DEATH AS A RESULT OF YOUR USE OF THE PRODUCTS.
7. TESTIMONIAL DISCLAIMER
All the transformations and testimonials are real. However, these testimonials are not claimed to represent typical results with TCC meal plans and workout programs as each individual is different. The testimonials are meant to showcase what the most motivated and dedicated people can achieve by following TCC personalised meal plans and workout programs. Your results may vary and you may not get the same results compared to another individual due to differences in exercise history, genetics, and personal motivation/ dedication. The end results you get will depend upon the abovementioned factors.
8. RESULTS
Although TCC Products are intended to be fully implemented, sometimes they are not, which could result in lack of progress/results for the User. If you implement the Products correctly you should see amazing results, however, the content contained in clause 7 above should be considered.
9. INTELLECTUAL PROPERTY
9.1. The Platform and all Intellectual Property rights therein are owned by TCC.
9.2. TCC and associated names and logos are TCC’s trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Platform, such as trademarks, service marks, names or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners.
9.3. All rights in and to the Platform and its features, databases, source code, functionality and content, are owned by TCC and/or its licensors. Such material is protected by Intellectual Property laws.
9.4. The Platform and Digital Products are owned, authored, created, purchased, or licensed by TCC (“TCC Works”). TCC Works may be protected by copyright and/or other laws, and TCC reserves and retains all rights in and to the Platform and Digital Products.
9.5. All Digital Products are subject to copyright protection.
9.6. Each Digital Product is licensed to a single user only. You are not allowed to copy, distribute, share and/or transfer the Digital Product/s to any third party. In some cases, TCC may encrypt, force password and/or stamp license details (including customer name and address) on its Digital Products to ensure additional safety.
9.7. The Platform is licensed, not sold, to you for use in accordance with the Terms and Conditions. TCC hereby grants you a personal, limited, revocable, non-transferable and royalty-free license to use the Platform.
9.8. You agree not to otherwise reproduce, adapt, duplicate, copy, sell, distribute, rent, resell, publicly display, publicly perform, link to or exploit the Platform and TCC Works or any adaptions thereof unless expressly set forth herein. Such conduct would constitute copyright infringement.
9.9. No other use of the Platform is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Platform, include the content of the Platform in or with any product that you create or distribute, or copy the content of the Platform onto your own or another’s website, unless as set out in these terms and conditions.
9.10. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, any licenses you have obtained will be automatically rescinded and terminated and you may be subject to prosecution and damages claims, as well as liability for infringement of Intellectual Property rights.
10. THIRD PARTY SITES
10.1. The Platform may contain hyperlinks to websites owned and / or operated by third parties. TCC is not responsible for the content of such websites and does not endorse or approve the contents thereof.
10.2. TCC consequently does not accept any liability in connection with any third party websites that may be linked to the Platform (regardless of whether or not a link has been permitted by TCC) and is not responsible for the content of any website that is linked to the Platform. The fact that a website is linked to the Platform does not imply that TCC sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
11. AVAILABILITY OF SERVICES AND SECURITY
11.1. TCC shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of TCC’S control. TCC will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
11.2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
11.3. You acknowledge and agree that TCC shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
11.4. You must immediately notify the TCC Support Team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform. This can be done by sending an email to support@theconsistencycoach.co.za.
11.5. Users may also be required to download and install updates to the TCC mobile application so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
12. LIMITATION OF LIABILITY, DISCLAIMER, INDEMNITY
12.1. Limitation of Liability
12.1.1. For the purposes of this clause “damages” means and includes all losses, liabilities, and damages relating to or arising from these Terms and Conditions or the Products, howsoever arising, whether out of breach of express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not.
12.1.2. To the extent permitted by applicable law, neither party will be liable to the other or any third-party for any indirect damages (including consequential, extrinsic, special or incidental loss) in connection with the use or inability to use the Platform and/or Products whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable.
12.1.3. By using the Platform and/or Products, you agree in the fullest extent permitted by applicable law, that you shall have no claim whatsoever against TCC, its shareholders, members, directors and employees, and that you hereby agree to release, indemnify and hold harmless TCC, its shareholders, members, directors and employees from and against any and all loss, damage, actions, proceedings, claims and demands (including, without limitation, any action, proceeding, claim or demand instituted or made by any User or other person whomsoever) and legal and other costs and expenses of whatsoever nature and howsoever arising from injury, death or any loss of or damage to its or any other persons property, which you or any other person may incur or suffer arising from the use of the Platform and/or Products or matters connected therewith or related thereto.
12.2. Disclaimer To the maximum extent permitted under applicable laws, the Platform and/ or any Product provided by or on behalf of TCC are provided on an "as is" and "as available" basis and TCC expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, TCC does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
12.3. Indemnification
12.3.1. To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand TCC from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
12.3.1.1. your use of, or conduct in connection with, the Platform and/or Products;
12.3.1.2. your breach of these Terms of Use or any other policy; 12.3.1.3. your violation of any applicable laws or the rights of any other person or entity.
12.3.2. You will provide TCC with any assistance that TCC reasonably requests in defending any such action or proceeding.
13.COMMUNICATION
13.1. By using the Platform and/or Products you expressly and specifically consent to receiving electronic communications from TCC, including emails and posting communications on the Platform.
13.2. You acknowledge and agree that all electronic communications, including but not limited to, notices, agreements and disclosures provided to you by the TCC will satisfy any legal communication requirement, including that such communication be in writing.
13.3. You agree to maintain copies of electronic communications.
13.4. You also expressly and specifically consent to receiving certain other electronic communications from the TCC, such as newsletters regarding special offers, promotions and customer surveys.
13.5. Should you wish to withdraw your consent to receiving communications from TCC at any time , you are required to email support@theconsistencycoach.co.za notifying TCC of your withdrawal of consent.
14. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
14.1. If you have any questions, feedback or complaints, please contact the TCC team at the following email address: support@theconsistencycoach.co.za.
14.2. These Terms and Conditions (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by the laws of Wyoming. The courts of Wyoming have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions.
14.3. If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use affects your rights as a consumer to rely on such mandatory provisions of law.
15. GENERAL
15.1. Force Majeure Event
15.1.1. A "Force Majeure Event" means any event beyond TCC’s reasonable control, including acts of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, lockdown, pandemic, power failure, or equipment or software malfunction.
15.1.2. If a Force Majeure Event occurs that affects TCC’s ability to perform its obligations under these Terms and Conditions, the TCC team will contact you as soon as reasonably possible to notify you and TCC’s obligations under these Terms and Conditions will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
15.2. Entire Agreement These Terms and Conditions contain the record of the entire agreement between Users and TCC in respect of access to and use of the Platform and/or the purchase and use of Products.
15.3. Validity If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
15.4. Waiver TCC’s omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by TCC in writing.
16. SUPPORT AND QUERIES
Please contact support@theconsistencycoach.co.za.
