Terms and Conditions
Part One – General
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The website owner, the offering, and binding of Terms
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1. This website is owned and operated by Pearlybodybuilding Ltd. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a range of training and wellbeing programmes. By accessing or using the website and any of our services, you affirm that you have read, understood, and agree to be bound by these Terms.
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Who can use our website and the requirements to create an account
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2. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
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Key commercial terms offered to our customers
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3. When buying a programme, you agree that:
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(i) You are responsible for reading the full item listing before making a commitment to buy it:
(ii) You enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
(iii) The programme is for the sole use of you as the purchaser and must not be shared for use by any other individual.
4. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be included in your final charge.
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Retention of right to change offering
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5. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
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Refund policy
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6. Programmes can be terminated and fully refunded within 48 hours of the original purchase. After this time, programmes that are commenced will only be refunded by an amount proportional to the unused time remaining on the programme. To terminate and request a refund, you can make the request through your programme to your trainer, or by requesting the termination/refund through our contact page here.
Ownership of intellectual property, copyrights and logos
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7. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Pearlybodybuilding Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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Right to suspend or cancel user account
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8. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
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Indemnification
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9. You agree to indemnify and hold Pearlybodybuilding Ltd harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
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Limitation of liability
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10. To the maximum extent permitted by applicable law, in no event shall Pearlybodybuilding Ltd, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
11. To the maximum extent permitted by applicable law, Pearlybodybuilding Ltd assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
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Right to change and modify Terms
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12. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website, app or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, app or the service.
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Promotional emails and content
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13. You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
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Preference of law and dispute resolution
14. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of England, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in England. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
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Part Two – Training Programmes
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Acceptance of Terms
15. By accessing and using our online training programs, wellbeing programmes and nutritional packages ("Services") provided by Pearly Bodybuilding Ltd, you agree to comply with and be bound by the terms and conditions outlined herein.
Services
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16. Pearly Bodybuilding offers online fitness training programmes, wellbeing programmes, nutritional packages and educational material accessible through our website and app. These services are designed for personal use and are not transferable.
Payment and Refund Policy
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17. Payment for services is required before access is granted.
18. Refunds are in accordance with paragraph 6 of this document.
User Accounts
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19. Users must create an account to access our services.
20. Users are responsible for applying appropriate personal security with their records and devices, of their account information. Account information held in our systems complies with our Privacy Policy.
21. Pearly Bodybuilding Ltd reserves the right to terminate accounts for any unauthorised or suspicious activity.
Intellectual Property
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22. All content, including but not limited to training programmes, wellbeing programmes, nutritional plans and educational materials, are the intellectual property of Pearly Bodybuilding Ltd
23. Users may not reproduce, distribute, or display any content without prior written permission.
Disclaimer of Liability
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24. Users participate in the training programmes, wellbeing programmes, nutritional plans and educational materials at their own risk.
25. Pearly Bodybuilding Ltd is not liable for any injuries, damages, or health issues that may arise from the use of our services.
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Termination of Services
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25. Pearly Bodybuilding LTD reserves the right to terminate or suspend services at any time for any reason, with or without notice.
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Modifications to Terms
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Pearly Bodybuilding Ltd may update these terms and conditions at any times detailed in paragraph 12 of this document.
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Governing Law
These terms and conditions are governed by the laws of England as defined in paragraph 14 of this document.