1.1 www.getfitwithdavina.com is a site operated by Edito Service S.A. ("Edito Service ", "we" or "us"), a Swiss company which sells products in the UK. Our registered office address is Route de Ferney, 194-196 CH-1218, Le Grand-Saconnex, Geneva, Switzerland and our registered company number is CH-550-0062124-9.
1.2 If you want to contact us, you can do so by consulting the ‘Contact Customer Services’ FAQ which is in the FAQ section. You will find the following details in the Contact Customer Services FAQ: email or in writing to our mailing address below: GetFitwithDavina.com operated by Edito Service SA. c/o West Quay Ltd, Unit C, Empress Park, Empress Road, Southampton. S014 0HH Please direct all questions about GetFitwithDavina.com to Customer Service at: questions@GetFitwithDavina.com
1.3 We may give the operation of this site to Over The Top Pictures Ltd (“OTTP”). If we do so your contract will be with OTTP. For more details see under the heading “change of operator” at the end of this document.
2.1 We grant you a limited, revocable and non-exclusive licence to access and make personal use of this Website. Any use of the materials and information on the Website other than for private, non-commercial viewing purposes is strictly prohibited. You are responsible for making all arrangements necessary for you to have access to our Website.
2.2 When using particular services or competitions available on the Website, you may be subject to any rules applicable to such services which may be posted from time to time. If you do not agree with these terms and conditions and/or any additional rules for specific services and/or are not authorised to do so, you should not continue to access and use the Website.
2.3 We reserve the right to prevent and/or suspend your access to the Website where we reasonably consider that you are in breach of these terms and conditions or any applicable law or regulation. Access to this Website may also be subject to interruptions from to time to time in order for maintenance and/or repair work to be carried out.
2.4 If you choose, or you are provided with, a user identification code, 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. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree to accept responsibility for all activities that occur under your account or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
2.5 Occasionally, at our discretion, we may include or offer third party products or services on our site. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
3.1 For the precise details applicable to your subscription, please refer to the information given in each of our offers and the email sent to you confirming your membership. There is no minimum subscription purchase obligation, and you may cancel at any time.
3.2 Only persons aged 18 years and over are permitted to subscribe to the Website. By joining, you warrant that you are at least 18 years old.
3.3 Before confirmation of your membership, you will have the opportunity to check and, if necessary, correct the contents of your membership subscription and all the information you have given. You will be sent an email at your email address confirming registration of your order. We cannot accept your order if your email address or card authorisation is invalid.
3.4 The service offered on the Website is only available for the period in which the subscription product is online. If any service or product within this subscription is not available, we will inform you as soon as possible by letter or email.
3.5 We may decline (without giving any reason) to accept a membership subscription for any of our services or products. Acknowledgement of your order is not acceptance.
4.1 Unless there are exceptional circumstances, a notification regarding your successful application will be delivered to you within approximately 24 hours to the email contact address that you have provided to us. In the event of any error or omission, your subscription order may not be accepted.
4.2 The subscription services and products will be used at your own risk from the time of acceptance as set out in our Disclaimer in section 13.
4.3 Delivery of the content of the services and products within the subscription will only begin when we receive full payment of all sums due in respect. Ownership of Intellectual Property and image rights remains ours at all times, as set in section 7.
5.1 Unless you cancel your subscription, it shall automatically renew every month. You may cancel at any time, which we will acknowledge no later than two working days after we receive your cancellation notice. There will be no refund within the month of your cancellation. In the event of a subscription payment being made after receipt of your cancellation request, upon request we will give you a full refund of the price paid for the subscription.
5.2 To cancel your subscription, you may do so by making a cancellation request on your Account page on this site or by informing us in writing by email or post, the contact details of which are shown within the Contact Customer Services section of our FAQs or in section 1 above..
5.3 You have a statutory right to cancel this agreement within 14 days of entering into it and without giving a reason in accordance with regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“the Regulations”). That right would require us to reimburse you any money you paid to us in that period. Since you do not need to pay anything in your first month of using our service, and may cancel at any time without giving any reason, we believe that your rights under this agreement are better than those under the Regulations. Nevertheless, if you wish to exercise your right to cancel you may do so in the same manner as described in the previous clause. If you do so, you must give us sufficient information to be able to identify you and to realise that you wish to cancel this agreement.
6.1 The price of any services or products will be as quoted on the Website from time to time, except in cases of obvious error. Prices are given in pounds sterling (£) and include any applicable VAT. In the case of any Products requiring despatch, they may exclude delivery costs which will be specified individually in any of our offers. The Website may modify its prices at any time according to economic circumstances.
6.2 The Website may in the future contain a number of services and products and it is always possible that, despite our best efforts, some of the services or products listed on our Website may be incorrectly priced. We will normally verify prices as part of our despatch procedure so that where a product's correct price is less than our stated price, we will charge the lower amount when dispatching any additional service or product to you. If a service or product’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
6.3 We are under no obligation to provide the service or product to you at the incorrect (lower) price, even after we have sent you an order confirmation email if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
6.4 Payments for the Website subscription can only be made online and may be accepted by debit or credit card (MasterCard, Visa, Delta, Solo, Switch/Maestro Card), and not by cheque or postal order. We may, from time to time, change the payment provider or providers that we use to process your payments. You consent to all payment providers we use processing your debit or credit card details for the purpose of processing your payment.
6.5 At most one free trial voucher may be used per person.
7.1 The Website and all its component parts, including but not limited to its contents, photos, text, presentations, names, titles, brands, drawings, models and the associated software are protected by intellectual property rights and related rights and are the property of OTTP and/or its licensors. Accordingly, any use, reproduction, representation or distribution in part or in full of these items, other than reproductions with no amendments or alterations made for personal and private copying purposes only, is strictly prohibited. You must not use any part of the materials on the Website for commercial purposes without first obtaining a written express licence to do so.
8.1 We warrant to you that any subscription service or product purchased through the Website is of satisfactory quality and reasonably fit for the purposes for which services and products of this kind are commonly supplied.
8.2 Except where these Terms say otherwise, our liability for losses you suffer arising out of this agreement or our provision of information or other services to you is strictly limited to the purchase price of the services or products you purchased.
8.3 This does not include or limit in any way our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 In respect of any subscription services or products purchased on our Website, we take every care in choosing our suppliers but we cannot guarantee the safety standards or satisfactory performance of any supplier. Therefore, our liability for any claim of breach of obligation regarding any experience shall not exceed the price of the experience purchased.
8.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to: (i) loss of income or revenue (ii) loss of business (iii) loss of profits or contracts (iv) loss of anticipated savings (v) loss of data or (vi) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise; provided that this paragraph 8.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraphs 8.1 or 8.2 or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this paragraph 8.5.
8.6 This Website and all information, content, materials and services included on or otherwise made available to you through this Website are provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or services included on or otherwise made available to you through this Website. By using this Website, you expressly agree that your use of this Website is at your sole risk.
8.7 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
We reserve the right to amend or delete any part of the Website and/or these Terms at any time without notice. Therefore, we recommend that you review these Terms on a regular basis to ensure that you are kept up-to-date with any such changes.
10.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as amended or like legislation. 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 Website will cease immediately.
10.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
10.4 You must not use the Website as part of any unlawful activity or to cause anyone annoyance, inconvenience or needless anxiety.
10.5 We do not warrant that this Website; information, content, materials, products (including software) or services included on or otherwise made available to you through this Website; their servers; or email sent from us are free of viruses or other harmful components.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions or any other contract, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms or any other contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
Any exercise is not without inherent risks and any exercises may result in injury or illness. We therefore advise you to consult a doctor before attempting any physical exercise programme. The exercises demonstrated in this Website have been carefully categorised and constructed for the purposes described, but they may not be suitable for everyone. If you engage in this exercise programme, you agree that you do so entirely at your own risk, and you further agree that you will follow the instructions given in this programme in all respects. We exclude to the fullest extent permitted by law any and all liability for injuries that may arise from and in connection with the exercises demonstrated in this programme.
Please also take account of the following general advice:
Do not exercise if:
You should consult your physician or other health care professional before starting this or any other fitness programme to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness programme if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
This site offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United Kingdom and think you are having a medical or health emergency, call your health care professional, or GP immediately.
14.1 The Website and the products and services are not intended for children under the age of 18 and children under 18 should not use the Website or the products and services. You acknowledge and agree that the Website and products and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of GetFitwith Davina, its Licensors or our content providers. Unless otherwise specified in writing, the products and services are for your personal and non-commercial use. In connection with your use of the Website and/or the products and services, you acknowledge and agree that you will not:
14.2 If you carry out a Prohibited Activity or act in a manner contrary to our Message Boards, Chat Rooms and Posting Guidelines then we may deem it necessary to cancel your subscription. If this happens then we shall not refund any amounts you may have already paid to us.
We may make message boards, chat rooms, and other interactive forums available as part of the Website products and services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Website or products and services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.
GetFitwithDavina hosts message boards, chats and other public forums on its Website and through the products and services.
Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers of the Website. These are public forums and any information that you post on the Website or through the products and services may be seen by anyone on the Internet. Any user will have the ability to edit or delete their own posts after posting.
When posting information through the products and services you must comply with our Community Guidelines. In particular, use good taste when discussing sensitive topics. Both users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and don't post rumours or negative opinions that are not supported by facts. Unless the information in your post arises directly from your personal experience, references to any health-related or medical information you provide must be included in your post.
In addition to the prohibited activities described above, when posting information and media on the Website or through the products and services you must not:
Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or other public forums in the future. The Website or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.
The Website and its Licensors expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will the Website, its Licensors, or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Website, its Licensors or any of their subsidiaries or affiliates.
The Website and its Licensors have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, we reserve the right to monitor the same at our sole discretion. The Website employees typically moderate our boards on a daily basis. Unless otherwise stated, these moderators are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, the Website and the Website’s moderators reserve the right to contact users to inform them of policies, hide users’ posts or delete users’ accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms.
By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to the Website shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow the Website's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.
The Website and products and services are not directed or intended for children under 18 years of age, you should not register or provide Personal Information on the Website or through the products and services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at privacy@GetFitwithDavina.com so that we may delete and remove such child's information from our systems.
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the promotional e-mail or newsletter you receive or by editing your preference to receive these communications within the "Emails Contact Preferences" section on My Account page or similar feature on the individual Website when you are logged in as a registered user.
18.1 We may transfer the operation of the Website to OTTP. If we do so, all of our rights and obligations under these Terms will transfer to OTTP. If you have already supplied debit or credit card details for payment, these will continue to be used. Any credit you may have accrued or debt you may owe will become a credit from OTTP or a debit owed to OTTP.
18.2 OTTP are: Over The Top Pictures Limited, company number 08528708 with registered office at Middlesex House, 29/45 High Street Edgware, Middlesex HA8 7LH.
18.3 We will inform you of the transfer to OTTP by changing (or having OTTP change) these Terms to indicate that they are the contracting party instead of us.