TERMS OF USE

Please read carefully the following Terms of Use relating to the Serene Fitness Service ('the Service') - which includes the Serene Fitness website.

by signing in with a previously registered email and password, you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you should stop using the service immediately.

The Serene Fitness Service is owned and operated by Serene Fitness Limited, a company registered in England, No. 11540813.

  1. Serene Fitness Website Service

               i.        To access the content of the Service you must be 18 years of age or over and register with a valid email address, or sign-in with a previously registered email and password.

              ii.        Newly registered users may use the once users purchases a subscription from a range of membership options on the website.

             iii.        The Service contains information, software, photos, text, graphics, sounds and other materials that are protected by copyrights, database rights, trademarks, trade secrets and/or other proprietary rights. All content is copyrighted under applicable copyright laws, including the United States, Canada, Australia, United Kingdom, Irish and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks that appear within the website are trademarks of their respective owners. Serene Fitness is a trade name of Serene Fitness Ltd.

             iv.        With our discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service.

              v.        You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part unless you receive our prior written consent.

             vi.        Serene Fitness Ltd reserves the right to vary the Service content by country and device, including (but not limited to) (i) size and extent of the food database, (ii) the website functionality and (iii) subscription options and pricing.

            vii.        The Service includes support that is sent to you by email (such as essential starter tips to help you get onboard, e-newsletters with helpful diet and nutrition information and the best membership options). This support is part of your membership to assist you in achieving your goal, however you have complete control over managing ongoing email communications and can opt out of any or all of these - see the Privacy Policy, section 6 for details.

 

           viii.        We may use analytical software within the website to a) help us make improvements to the Service and b) provide you with personalised tips and motivational messages which are part of your membership, to help you achieve your goal. These may be sent by push notifications if you allow us to contact you in this way (permission is managed in your phone settings).

 

 2.User Generated Content

 .                 When you add or upload your content to the Service, you grant Serene Fitness an irrevocable, non-exclusive, royalty-free, sub licensable, worldwide license to use such information for any purpose, subject to our Privacy Policy.

i.                 Forums: You understand and accept that you are solely responsible for all information, data and content that you provide to us via the Serene Fitness Service. Serene Fitness is not responsible or liable for this information and by using the online community, you agree to be bound by the rules of conduct.

You will not post any inappropriate content on the Service. This is defined as material which is offensive, abusive, bullying, threatening, hurtful, illegal, obscene, inflammatory or objectionable.

You should always show respect to other members and are solely responsible for your interactions in the community. The forum is moderated and we reserve the right to monitor disputes between you and other members.

You should not use the online community to advertise any goods or services - such as diet pills or supplements or other weight loss approaches - that are not part of the Serene Fitness Service. You should not post any content that encourages unsafe weight loss techniques or promotes eating disorders.

We reserve the right to remove or edit any content posted in the online community without explanation and at our sole discretion. In the event that you breach the forum conduct, we reserve the right to close your account, and our decision is final.

When posting a recipe, you should ensure that you own the content. You should not post material that infringes the copyright or another intellectual property rights of a third party.

 

3. Health Disclaimers

       .        The Serene Fitness Service is intended as a weight management tool to assist you in achieving your personal goal. Serene Fitness Ltd is not a medical organisation and we cannot give you medical advice or diagnosis. Any information contained within the Serene Fitness website should not be construed as advice or diagnosis.

               i.        You are advised to seek medical advice before making any changes to your diet or lifestyle with an aim of weight loss. This Service should not be used by persons under 18, by pregnant or nursing women, or individuals with any type of health condition, except under the direct supervision of a qualified medical professional. The information contained in any articles and elsewhere in the Serene Fitness website, is provided for educational purposes only, and is not intended to replace, and does not constitute legal, professional, medical or healthcare advice or diagnosis, and should not be used for such purposes.

              ii.        You should seek the advice of your doctor or other qualified medical professional with any questions you may have regarding a medical or wellness condition in determining whether to use or adapt the information and content provided. We make no representations or warranties concerning any treatment, action, application or usage of dietary supplements, medication, preparation or other product or service by any person following the information offered or provided by this Service. Reliance on any information appearing within the Service is strictly at your own risk. Neither we, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

             iii.        Weight loss is individual and your personal rate of loss may vary from any case studies shown on the Serene Fitness website. Our service advocates a safe rate of weight loss of up to 2lbs (0.92kg) per week.

             iv.        Before starting any weight loss reduction, you should make sure that you are not underweight (defined as Body Mass Index (BMI) below 18.5).

              v.         If you think you are having a medical or health emergency, you should immediately call your GP or call 111 (UK), or contact your health care professional or dial 911 (US).

  1. Disclaimers of Warranties

       .        Any product, offering, content and material downloaded or otherwise obtained through the use of this Service is done at your sole risk and you will be solely responsible for any damage to your personal computer, laptop or mobile phone or loss of data that results from the download of any such product, offering, content or material.

               i.        You agree to indemnify and hold Serene Fitness Ltd, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, physical injury, emotional distress, property damage liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties explained in these Terms of Use.

              ii.        Serene Fitness Ltd does not guarantee that the website will be error free and uninterrupted, or that defects will be corrected. Whilst every endeavour is made to ensure the accuracy of the food database, Serene Fitness Ltd will not be held accountable for any errors in content, or outcomes resulting from the errors.

 

4.Limitation of Liability

 .                 You understand and agree (to the fullest extent permitted by law) that Serene Fitness Ltd will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of, or resulting from;

i) the use or the inability to use the Service

ii) the use of any content or other materials in the Service

iii) the cost of buying substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from using the Service

iv) unauthorized access to or alteration of your transmissions or data

v) in no event shall the total liability of us to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for subscribing to the Service.

If you are dissatisfied with any portion of the Service, or with any of the provisions of these Terms of Use, your sole and exclusive remedy is to cease using the Service 

 

 5. Subscriptions & Cancellation

 .                 Subscriptions options are available to view in the following places:

Serene Fitness website - click on 'Prices'. 


Please note these options may vary from time to time.

i.                 Cancelling your subscription

Cancelling Website subscriptions:

After your initial membership term of 1 month, your membership will be automatically renewed on a monthly basis. The renewal rate is the rate published at the point of purchase and confirmed in your PayPal or Stripe confirmation email. In the event that you do not use your account, cancellation will not automatically take place. Your account will continue to be charged until you cancel it.

It is your responsibility to cancel your Stripe or PayPal monthly renewal if you no longer wish to be a member. This can be done at any time by contacting us at hello@serenefitness.co.uk or on the Serene Fitness website. To do this contact us directly via email You will receive an email from confirming the Agreement has been cancelled.

Please note - delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive the confirmation email from PayPal, Wix or Stripe within 72 hours of sending your cancellation request (and have checked any email junk folders), please email us or message via Facebook to check we have received your cancellation request.

We recommend you cancel at least 24 hours before your renewal date as unfortunately refunds cannot be made if you cancel after the renewal date has passed.

ii.                 Refund policy

Refunds for Website Subscriptions:

You have the statutory right to withdraw from a membership agreement and seek a membership refund within 7 days after the date of purchase for membership.

To withdraw from the agreement within the 7 day cooling off period, send an email to hello@serenefitness.co.uk clearly stating 'Cancel & refund membership', together with your registered email address. 

You will receive an email from PayPal or Stripe confirming the refund has been issued.

Please note - delivery of emails cannot be guaranteed and is subject to email providers and junk mail settings. We are not responsible for lost emails or delays. If you do not receive a refund confirmation email from PayPal within 72 hours of requesting to cancel (and have checked any email junk folders), please email or message via Facebook to check we have received your refund request.

 

iii.                 Membership is continuous and cannot be put on hold for short durations such as holidays.

 

iv.                We reserve the right to cancel membership at any time and return any fees paid.

 

6. Supplementary charges (mobile users)

 .                 It is solely your responsibility to check with your network provider about data charges that may arise through use of website features which require mobile data.

Mobile data charges will depend on the service agreement you have with your network provider. The charge will be reflected on your mobile tariff or phone bill and we strongly advise you to check what charges will apply to your account BEFORE commencing use of the Serene Fitness Website.

i.                 Serene Fitness Ltd cannot be held liable for, and will not pay for or refund any data charges that you may incur through use of Serene Fitness website.

 

7. Changes to our Terms of Use

 .        These Terms of Use are effective from 1st  March 2019 and replace with immediate effect the previous version.

               i.        We reserve the right to update or change our Terms of Use at any time and it is your responsibility to check back regularly. Any changes posted on this page become effective immediately. Your continued use of the Service after we post any modifications on this page will constitute your acknowledgment of the changes and your consent to abide and be bound by the updated Terms of Use.

If You have any comments or queries in connection with these Terms of Use or our Privacy Policy, please contact us by email at hello@serenefitness.co.uk, or write to us stating your registered email address, name and contact details at:

Serene Fitness ltd
10 Buckingham Road
Basildon
Laindon
Essex
SS15 5YF
United Kingdom

Copyright© 2016-2019 Serene Fitness Ltd. All product names, trademarks, registered trademarks, service marks or registered service marks, mentioned throughout any part of the website belong to their respective owners.

01708 755397

©2019 by Serene Fitness.