Website Terms of Use

 Last Updated: August 21, 2018

Acceptance of the Terms of Use

 

These Terms of Use are entered into by and between You (“You” or “your”) and GirlWoman by Sarah Joanne Pickering and its affiliated subsidiaries and related entities (collectively, “Company,” “We” or “Us”). The following terms and conditions and our Privacy Policy, together with any documents they expressly incorporate by reference (coellectively, these “Terms of Use”), govern your access to and use of GirlWoman.com (“Website”), along with any content, functionality, and services offered through Us whether as a guest or a registered user. You and Company are each also a Party, collectively, “Parties.”

 

By using the Services or by clicking or checking the box to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.

 

The Services are offered and available to users who are at least 18 years of age or older. By using these Services, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.

Changes to Terms of Use

Company reserves the right to amend or update these Terms of Use at any time with or without notice to Users, and may also add new features or functionality to, or change or remove existing features or functionality from, the Services that will be subject to these Terms of Use. Any User who continues to use the Service after any changes are made will be deemed to have agreed to those changes.

 

ARBITRATION NOTICE: YOU AGREE THAT CERTAIN DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE GOVERNING LAW OF THE UNITED KINGDOM, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

   

Basic Terms and Rules of Conduct

You are responsible for making all arrangements necessary for You to have access to the Services and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and comply with them. 

  • To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that all the information You provide is correct, current, and complete. You agree that all information You provide to register with these Services or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy.

     

    Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, including without limitation, the Company name, logos, processes, methods, teachings, principles/tenets, and other proprietary information, are copyrights, trademarks, trade secrets, trade dress or other intellectual properties owned, controlled, or licensed by Company or its subsidiaries and affiliates.

     

    You are responsible for any activity that occurs in the real world and through your account, and You agree You will not sell, transfer, license or assign your account, followers, username, or any account rights.

     

    You may not participate in any activity that is in violation of any federal, state, local, or UK law. You are responsible for keeping your password secret and secure. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities, and You must not post private or confidential information via the Services.

Comments & Feedback

  1. We welcome your comments and feedback regarding our Services. However, we do not accept confidential or proprietary information. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Services or otherwise are not confidential and will become and remain Company’s property.

Violations

Violation of these Terms of Use may, in Company's sole discretion, result in termination of your Company account. You understand and agree that Company cannot and will not be responsible for the content posted on/through the Service and You use the Service at your own risk.

 

This document is subject to the laws and jurisdiction of the United Kingdom. All disputes arising out of or in connection with this agreement shall be dealt with in accordance with UK law, irrespective of the jurisdiction where you are based.

Deactivation & Termination

You can request deactivation of your Company account by emailing us at [email protected]. If We terminate your access to the Service or You request that We deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.

 

Upon termination, unless stated explicitly otherwise in a specific Service License, all licenses and other rights granted to You in these Terms of Use will immediately cease. We reserve the right to refuse access to the Service to anyone for any reason at any time, without the obligation to assign a reason for doing so.

Services, Courses & Services

Any Services, Courses, or Products that require payment are subject to the Company’s acceptance of your order or requests. No order is deemed accepted by the Company until payment has been processed. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to You, subject to us fulfilling our previous responsibilities to You based on the acceptance of your payment.

 

We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Comments or accounts containing Comments that we determine in our sole discretion violate these Terms of Use.

User Interaction

You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Company is not responsible or liable for the conduct of any User. Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. Exercise common sense and your best judgement when interacting with others, including when You submit or post Content or any personal or other information.

 

 

Linked Sites

The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.

Services & Product Specific Conditions

In addition to the foregoing terms and conditions, You agree to abide by the following terms and conditions based on your use of specific Company Services, Courses, and Products as relevant. Any Company Content provided to You in connection with your use of the Services, Courses, and Products is for individual noncommercial use only, subject to the limited license granted with each Service License or other Product offering.

 

This document is subject to the laws and jurisdiction of the United Kingdom, and any disputes arising out of or relating to it or its subject matter or formation shall be dealt with under the exclusive jurisdiction of the UK courts.

Company Social Media Platforms and Related Page:

As noted above, as a feature of the Services, GirlWoman by Sarah Joanne Pickering may provide a community or social media platform in conjunction with the Services, including, without limitation, GirlWoman Facebook group (“Facebook Group”), which are accessible via third-party platforms such as YouTube, Facebook, Instagram, Twitter, Podbean, iTunes, Spotify, Pinterest, and Shopify (collectively, “Third-Party Platforms”). Your use of the Services is additionally subject to the terms and conditions of such Third-Party Platforms, which may change from time to time. It is your responsibility to locate, access, and read the latest terms and conditions of such Third-Party Platforms before using in any capacity.

 

In the event of a conflict between these Terms of Use and those of the Third-Party Platforms, the terms of these Terms of Use will prevail. GirlWoman is not required to provide a community platform and has complete discretion with regards to the platforms, and the nature of the interactions, dependent on the Service.

 

You agree to abide by group rules, which will be made available on the respective community platforms. You understand and agree that your Comments in connection with such Third-Party Platforms may be public and are owned and controlled by GirlWoman, which means GirlWoman can use the Comments in any way on all GirlWoman Services.



Paid Subscriptions, Products, or Other Offerings:

 

Any Company Content, including, without limitation, Courses and Products, that are made available to download from the Website or Services is owned by GirlWoman by Sarah Joanne Pickering as noted above. Use of such Company Content is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Company Content (“Service License”). A User will be unable to access or download some Services unless they first agree to the Service License terms.

The following is an illustrative list of current offerings which may be subject to individual Service Licenses: The Courses available at www.GirlWoman.com.

Governance & Jurisdiction

This document is subject to the laws and jurisdiction of the United Kingdom. Any disputes arising out of or relating to it or its subject matter or formation shall be dealt with under the exclusive jurisdiction of the UK courts.

Health & Results Disclaimer

Without limiting the generality of the foregoing, the information and content provided on or through the Website, Services, Courses, Products, and Company Content (collectively, the “Materials”) are provided for educational and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose.

 

GirlWoman by Sarah Joanne Pickering and its owners, representatives, employees, agents, and affiliates (collectively, “Company” for purposes of this section hereunder) are not licensed professionals, health care providers, or financial consultants, and the Company is not acting in any such capacity. The Materials are prepared for general information purposes only and are not designed as a treatment for any condition or ailment or a guarantee of any results.

The Materials are not a substitute for advice, diagnosis, and/or treatment by a licensed and/or qualified professional under the local laws of your jurisdiction. You are urged and advised to consult with such professional(s) before undertaking any health, diet, or lifestyle changes, including but not limited to, purchasing or using any Course, Products, or Services, or starting or discontinuing any treatments or medications.

Rights

Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that GirlWoman by Sarah Joanne Pickering may place such advertising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice or compensation of any kind to You.

You represent and warrant that: (i) You own the Comments posted by You on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Comments on or through the Service do not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Comments You post on or through the Service; and (iv) You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

 

Except as otherwise described in the Service's Privacy Policy, as between You and GirlWoman by Sarah Joanne Pickering, You acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other types of special relationships.

If the User uses the Service through GirlWoman’s mobile application, User grants GirlWoman the right to use the processor, bandwidth, and storage hardware on User’s device to facilitate the operation of the Service.

Claims of Infringement 

If a User believes that any content appearing on the Service infringes the User’s copyright rights, the Company wishes to hear from the User. Please forward the following information in writing to the address listed below:

  1. a) The User’s name, address, telephone number, and e-mail address;
  2. b) A description of the copyrighted work(s) that the User claims has been infringed;
  3. c) The exact description of each place where alleged infringing material is located;
  4. d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;
  5. e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and
  6. f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

 

Please provide any feedback or claims of infringement to the following address:

ATTN:  Sarah Joanne Pickering GirlWoman, [Your Business Address], or via email at [Your Email Address].

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY CONTENT, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GIRLWOMAN BY SARAH JOANNA PICKERING, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS, OR AFFILIATES (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES (INCLUDING THE COURSES AND PRODUCTS); (B) THE COMPANY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICES.

 

THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES.

 

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

 

THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitations of Liability & Waiver

UNDER NO CIRCUMSTANCES WILL THE GIRLWOMAN PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE GIRLWOMAN CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; or any other points mentioned. IN NO EVENT WILL THE GIRLWOMAN PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE, COURSE, OR PRODUCT YOU HAVE PURCHASED FROM GIRLWOMAN.

 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GIRLWOMAN'S ACTS OR OMISSIONS, the DAMAGES, if any, caused to You are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, course, product or other content owned or controlled by the GIRLWOMAN PARTIES.

 

GIRLWOMAN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom You operate an account or activity on the Website or in connection with the Services) agree to defend (at GIRLWOMAN's request), indemnify and hold the GIRLWOMAN Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal fees and costs, arising out of or in any way connected with any of the following: (i) your content or Comments or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by You.

 

You will cooperate as fully required by GIRLWOMAN in the defense of any claim. GIRLWOMAN reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of GIRLWOMAN.

Disputes; Governing Law and Venue

Our customer service specialists are ready to assist you and address your concerns: email [email protected].

In the event that our customer service team is unable to resolve your concern, by using the Services, You unconditionally agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Services shall be finally resolved by binding arbitration based in the United Kingdom, applying UK law, without regard to its conflict of law principles.

Arbitration Process

Arbitration will be administered by a legal body as agreed by both parties. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You may bring claims only on your behalf, and not on behalf of any official body or class of people. You hereby agree that you will not participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against the Company in an individual arbitration proceeding.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with GirlWoman must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Severability

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. GirlWoman’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law

The agreement will be governed by the laws of the United Kingdom, and any disputes arising will be subject to the exclusive jurisdiction of the UK courts. This dispute resolution agreement will survive the termination of your relationship with GirlWoman.

Final Provisions

These provisions express the full understanding between you and GirlWoman and supersede all prior agreements, representations, and understandings, whether oral or written. The failure of GirlWoman to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Entire Agreement

If You are utilizing the Service on behalf of an entity, You represent that You have the authority to bind that entity to these Terms of Use. These terms constitute the entire agreement between You and GirlWoman and govern your use of the Services, superseding any prior agreements between You and GirlWoman. You may not assign or transfer these Terms of Use or delegate any obligations herein, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GirlWoman. Any purported assignment, transfer, or delegation by You will be null and void. GirlWoman may assign these Terms of Use or any rights hereunder without your consent. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject GirlWoman to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service to any person, geographic area, or jurisdiction at any time and in our sole discretion.

 

These Terms of Use were written in English (UK). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Order Confirmation and Product Availability

Product or Course availability on our Website is not guaranteed. We will email You to confirm the placement of your order and with details concerning product delivery. Should there be an error in this email confirmation, it is your responsibility to inform us as soon as possible by contacting our Customer Services at [email protected].

Service and Product Information

The prices displayed on the Website are quoted in British Pounds (ÂŁ), unless otherwise indicated. We strive for accuracy in displaying the colours of products, but actual colours may vary depending on your monitor, display, or device.

Compliance with UK Governance

GirlWoman commits to operate in compliance with UK laws, ensuring that its practices are lawful, fair, and transparent. This includes adherence to data protection, consumer rights, and commercial conduct regulations as stipulated by UK legislation.

 

By agreeing to these Terms of Use, you affirm that you understand and will comply with the regulations and standards outlined in this document, acknowledging that they are in alignment with UK governance standards and are designed to ensure a secure, respectful, and lawful interaction between You and GirlWoman.

Refund Policy

All purchases made on www.girlwoman.com are final. GirlWoman offers no refunds for any services, products, or courses purchased through our platform unless otherwise explicitly stated in writing. By agreeing to these Terms and Conditions, you understand and acknowledge that you are foregoing any rights to claim any reimbursement or refunds for any transactions made on www.girlwoman.com.

User Content and Permissions

By accepting these Terms and Conditions, you (“the user”) expressly grant permission to GirlWoman, operating under www.girlwoman.com, to record, use, reproduce, distribute, and share any audio, video, and your name that are submitted or shared during the usage of our services. This encompasses, but is not limited to, sessions, interactions, or any communications within the platform or related services.

 

This permission is granted for the purpose of service delivery, promotional activities, testimonials, or any other lawful purpose related to enhancing the service experience. You acknowledge and accept that this may involve disclosure to third parties such as service providers or other users, as necessary, within the bounds of applicable laws and regulations.

 

If you do not agree with these terms, you are advised to refrain from using our services.

Acknowledgment

By using our services, interacting with our platform, or making any purchases, you acknowledge that you have read, understood, and agreed to be bound by all the terms outlined in this agreement, including the refund policy and user content and permissions clause. If you do not agree with any part of these Terms and Conditions, you must not access or use our services.

Payment Plan

If any installment payment should default, the Client will have seven (7) days to rectify the situation. During this period, any scheduled coaching session(s) will be postponed until the outstanding payment is received within the 7 days. In such cases, all discounts and bonuses associated with the payment plan will be forfeited, and the full payment amount will apply.

Please note that if a Client should default on any installment payment, the result may be the cancellation of the Programme, and the Cancellation Policy, as outlined in these terms and conditions, will apply. Additionally, it is important to be aware that any credit card decline resulting from payment default may lead to penalties from our payment processing company, and in some cases, additional fees may be applied.