Terms & Conditions

These terms and conditions (‘the Terms’) govern the users (‘you’ or ‘your’) use of the website whatthemenopause.com and wtm.kajabi.com (‘the Website’) and your relationship with the operator of the website WTM Wellness Ltd., a company registered in England company number with company number 15316793 and registered office at at 20 Wenlock Road, London, United Kingdom, N1 7GU, United Kingdom (‘we’, ‘our’ or ‘us’).

Please read these terms carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. You should understand that by placing orders on this Website, you agree to be bound by these Terms, including Terms of Use of the programs which is listed on our website. You should print a copy of these Terms for future reference.

If you have any queries regarding these Terms, then please contact us at [email protected].

Agreement.

By using the Website you agree to be bound by these Terms and authorise us to transmit information to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Regarding use of kajabi.com, we highly recommend that you read their terms and conditions and by continuing to use this Website you confirm that you have read them and are happy to proceed.

Amendments.

We reserve the right to:

  • update these Terms from time to time and changes may be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such an announcement, if we think one is required. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms [for avoidance of doubt this includes accessing our program hosted on Kajabi website];
  • modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents; and
  • disable any user identification code or password we have provided to you, 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 or have breached any agreement we have in place with you.

Registration.

By using this Website, you warrant that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years of age;
  • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity; and
  • you will notify us immediately of any changes to the personal information by emailing us on [email protected].

Privacy Policy.

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and that you have read the Privacy Policy.

When you shop on this Website, we will ask you to input personal details for us to identify you, such as your name, e-mail address, billing address, telephone number, delivery address, credit card or other payment information.

Protecting Your Security.

To ensure that your credit, debit, charge card or any other payment method is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.

We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your cooperation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.

By accepting these Terms, you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. For avoidance of doubt, if offered and if you decide to purchase anything from the Website in instalments, we or our partners may perform further checks including credit checks. 

Compliance.

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use.

You agree not to:

  • upload or transmit through the Website any computer viruses, trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
  • upload or transmit through the Website any material which is defamatory, offensive or of an obscene character; and
  • attempt to gain unauthorised access to our site or partner websites, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate 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.

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 or other electronic devices, 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.

Third Party & External Links.

As a convenience to our customers, the Website may include links to other websites or material which may be beyond our control. For your information, we are not responsible for such websites or material, nor do we review or endorse them. We will not be liable for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials, or services available on such external websites or resources.

Orders.

All orders are subject to acceptance. If the services ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until we again are offering the item or to cancel your order.

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card, Paypal account or other payment method that we accept or (ii) provide you with the log-in details to the program that you have purchased; whichever is later. The contract will relate only to those services for which we have provided you. We will not be obliged to supply any other goods or services.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.

The products sold on the Website are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.

Cancellation.

A. Due to the nature of digital products, we will not offer a refund for a simple change of mind or if you deem the program unsuitable for any reason (as it is your responsibility to determine if the product is suitable to your personal circumstances BEFORE purchase), therefore it is solely your responsibility to read the sales page thoroughly before you make the transaction and understand what you are purchasing. Since the products made available here are intangible, refunds are only considered when the below conditions are met;

  1. A full refund for the program is only issued if:
    1. The request is sent within 60 days of your purchase date;
    2. All of the videos inside the program have been watched; and
    3. The Client has completed all check-ins.
  2. You explain to us clearly how the program has not been suitable for you and how it has not provided you with coaching information helpful to you. Remember, we are not responsible for improvement in symptoms or weight loss as this varies from person to person, and diet, exercise and sleep & stress management are only small factors that play a part. You have agreed to this, when you join and pay for the program.
  3. For avoidance of doubt this refund policy only applies to program called Powerful: Peri to Post. All other services and/or products offered will not have a refund policy, subject to local laws and regulations. Which means that we will not be offering a refund on such products and/or services.

You further agree and understand that changing your mind about the program, failing to follow through or understand the details of the program, not having the right technology to view the program, or not experiencing the results that she/he expected or desired does not entitle you to a refund. 

Prices & Payment.

All prices shown on the Website are inclusive of VAT/Sales Tax/GST (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.

We accept Payments by most major credit and debit cards. If we offer other payment methods, they will be visible at the checkout page. Payment will be debited and cleared from your account before we provide you access to our program.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the service to you at the price shown. We always try to ensure that the prices of services shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the services that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. In this instance if you cancel your order and you have already paid for the goods then you will receive a full refund.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

Reviews.

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant WTM Wellness Ltd. the right to use the name that you submit in connection with such content if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You understand that our licensor has the right to use such reviews to improve the product or for marketing purposes.

You represent and warrant that you own or otherwise control all the rights to the content that you post:

  • that as at the date that the content or material is submitted to WTM Wellness Ltd. and that that content and material is accurate.
  • will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to fully indemnify WTM Wellness Ltd. and all related parties from all claims brought by a third party against them arising out of or in connection with a breach of any of these warranties.

Expectation surrounding results and testimonials:

We provide content and services as a guideline and the material used in the programs are carefully designed to assist women in obtaining results - however it is extremely important to understand that every woman is different and results vary from person to person.

We are not responsible for your weight loss or any other results, the amount of weight that you lose or what happens to you when you follow our advice due to the extremely high amount of confounding factors that affect weight loss and one's health.

We use testimonials from other women to showcase the results gained by that individual. These personal results may not reflect the results you may achieve. All results will vary, and your personal experience cannot be comparable to that of a testimonial of another individual.  

Important health disclaimer and your responsibility as a user:

Before engaging in any new health lifestyle or adopting a new way of eating, exercising or behaving, you should seek guidance from your primary healthcare provider to consider the suitability of the plan as our services are not designed to replace, substitute or contradict such advice.

You should always remain in the care of your primary health care provider, particularly if you currently have or potentially have any health or medical concerns, are pregnant, breastfeeding or are intending to be pregnant. The creator and her respective partners, employees, agents, advisors, consultants, and authors are not liable for injuries or damage occasioned to any person because of reading or following the information contained in the programs. This is inclusive but not limited to your physical, emotional, or mental wellbeing.

Never use our site, podcast, products, social media, ebooks or any other content as a replacement or reason to not remain in the care of your health care provider team.

We advise that the information contained inside the programs do NOT negate personal responsibility on the part of the user for their own health and safety. None of the content or products on offer on our website, podcast, products, programs, social media, ebooks or app is designed to treat, alleviate, improve or diagnose any health or medical conditions.

Never refrain or delay seeking the advice of your primary health care team in place of information provided by our website, products, programs, ebooks, app or social media content.

The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against us or any related parties for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence by us or our related parties or any other cause whatsoever. For avoidance of doubt this includes the creator and licensor of the programs.

Nutritional information

Before relying on any information provided by us and any of our third parties, you must carefully consider the relevance, suitability and accuracy for your individual purposes and/or health particularities. You may wish to seek additional expert advice from your primary health care team prior to commencing to check for suitability. We do not give any guarantees that the information on offer is completely free from error or will be suitable for you. The advice provided is general in nature and will not cater for everyone.

As the composition of foods can vary geographically, the nutrient data published will be a representation of a particular sample of foods / ingredients / recipes at a particular time and variances will need to be considered.

Intellectual Property.

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

Limitations of Liability.

Supply of services

(a) if we fail to comply with these Terms, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

(b) Nothing in these Terms excludes or limits our liability for:

(i) death or personal injury caused by our negligence;

(ii) fraud or fraudulent misrepresentation;

(iii) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(iv) defective products under the Consumer Protection Act 1987;

(v) any deliberate breaches of these Terms that would entitle you to terminate the Contract; or

(vi) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

For avoidance of doubt all information and services that we provide are on “as is” basis and are not intended to replace any medical advice. At all times you should check with a medical professional as to your health, nutrition, exercise, and sleep and stress management, before following any suggestions. We provide only one opinion based on information available to us and our partners and this should never be mistaken for medical advice. By using our services, you agree that you have checked with a medical professional as to the suitability of the information provided to your personal lifestyle and health. 

Use of website.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

  • incompatibility of the Website with any of your equipment, software or telecommunications links;
  • technical problems including errors or interruptions of the Website;
  • unsuitability, unreliability, or inaccuracy of the Website; and
  • failure of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to your use of the Website.

Severance.

If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.

Waiver.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Entire Agreement.

These Terms, including but not limited to the Privacy Policy, as well as Terms of Use form the entire basis of any agreement reached between you and us.

Law & Jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

 

Last Updated: 12/19/2023