MEMBERSHIP TERMS
These Membership Terms (“Membership Terms”) are a contract between you and Chloe Bowler (a sole trader who trades under the name ‘CHLOËBOWLER’) (“CHLOËBOWLER”, “we” or “us”).
These Membership Terms govern your access to and use of CHLOËBOWLER’s website made available via https://chloebowler.com/membership (the “Website”), comprising recipes (PDFs and videos) and workout videos (the “Membership”).
Please read these Membership Terms carefully before signing up for a Membership. If you do not accept these Terms, do not sign up for a Membership.
1. Membership Terms
1.1 Acceptance of Terms: By signing up for a Membership (including by clicking the “read” and/or “I accept” button when proceeding to check out for your Membership) you accept and agree to be bound by these Membership Terms, just as if you had agreed to these Membership Terms in writing. If you are accepting these Membership Terms on behalf of anyone else (such as a company), you confirm that you have the full legal authority to bind that entity to these Membership Terms. If you or the entity you represent do not agree to these Membership Terms, do not sign up for a Membership.
1.2 Amendment of Membership Terms: CHLOËBOWLER may amend these Membership Terms from time to time. We will serve notice of the amendments deemed (at our discretion) material to members via the email that they provided upon sign up. We may also provide a banner on the Website indicating any such material changes. Unless we provide a delayed effective date, all amendments will be effective upon our posting of such updated Membership Terms on the Website. Your continued access to or use of the Website after such posting constitutes your consent to be bound by the Membership Terms, as amended.
1.3 Additional Terms: Our CHLOËBOWLER Website Terms and Privacy & Cookies Policy are hereby incorporated by reference. By accepting these Membership Terms, you consent to complying with our Website Terms and to the collection and use of information as defined in our Privacy & Cookies Policy.
2. The CHLOËBOWLER Website
2.1 CHLOËBOWLER Website: The Website is where you can access and view recipes (PDFs and videos) and workout videos made available by CHLOËBOWLER.
2.2 Membership Fees: Memberships are 1-year subscriptions (a “Term”) paid upfront for the year at the start of the Membership, or on a monthly basis. Memberships automatically renew at the end of each Term for a further 1-year period (an “Additional Term”), unless you cancel your membership 1 month prior to the expiration of the Term or any Additional Term (“Yearly Cancellation Window”). Access to the Website will not be possible until such subscription fees are paid. All fees are subject to increase on renewal, as reviewed by CHLOËBOWLER. CHLOËBOWLER may, in her sole discretion, decide to provide a refund if you wanted to end your Membership but failed to do so within your Yearly Cancellation Window but she has no legal obligation to do so.
2.3 Additional Purchases: Additional purchases include shopping lists, meal plans, e-books, hardback and paperback books, and 1-1 consultations (“Additional Purchases”). With the exception of 1-1 consultations, Additional Purchases are available to purchase via the Website as one-off payments over and above any Membership Fees paid. If you wish to purchase a 1-1 consultation package, please get in touch with CHLOËBOWLER via email at [email protected] to find out more.
2.4 Website Access: You must create an account and be logged into your account in order to access the Website. Once you have created an account and are logged into it, you will be able to access and view recipes (PDFs and videos) and workout videos.
2.5 Account creation: You will be prompted to create an account when first signing up for a Membership. You undertake that the information you provide to CHLOËBOWLER when you sign up for a Membership and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up as a member, you will be asked to create a username and password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. You are also solely responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the Website. Once you have signed up to the Website you will be able to amend and update your account information as required. Your CHLOËBOWLER account is personal to you. You agree that you will not license, sell or transfer your account without our prior written approval.
2.6 Security: You are responsible for keeping your CHLOËBOWLER account details secure. We recommend that you set a strong password unique to your CHLOËBOWLER If you become aware of any unauthorised access to your CHLOËBOWLER account or any suspected breach of security you should notify us immediately.
2.7 Use of the Website: You must not use or exploit the Website or any of its content for commercial purposes. To use the Website you must have access to the Internet or other communication networks through which we make our Website available.
2.8 Licence to use the Website: Subject to your compliance with these Membership Terms we grant you a non-exclusive, non-transferable, revocable, personal licence to access and use the Website solely for your own personal use. This licence is personal to you and should we establish or reasonably suspect that you are using anyone else’s account details we shall have the right to suspend and/or terminate your access to the Website.
3. Termination or Modification by CHLOËBOWLER
3.1 Our rights to terminate/suspend/amend: Whilst CHLOËBOWLER wishes to make its Website available as widely as possible, you agree that we must retain the right, in our sole discretion and for any or no reason at any time, with or without notice, to: (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, your access to or use of the Website (or any part thereof); (ii) remove and discard all or any part of your account; and/or (iii) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Website(and/or any part thereof). Following any such Website modifications or alterations by us you may be required to confirm your acceptance to new Membership Terms. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to stop using the Website and terminate your account.
3.2 Breach: If we determine that you have violated these Membership Terms, we shall be entitled to immediately terminate your right to access the Website, which includes the termination of your account. You agree that CHLOËBOWLER will not be liable to you or any third party for any such termination. If we delete your account for these reasons, you may not re-register for or use the Website under any other username, email or profile. We may block your access to the Website to prevent re-registration.
3.3 Sections surviving termination: The following sections of these Membership Terms will survive termination of your account: sections 3 (Termination), 5 (Prohibited Conduct), 6 (Ownership; Proprietary Rights), 7 (Liability), 8 (Miscellaneous).
4. Privacy
4.1 Your Privacy: Your privacy is important to us. The CHLOËBOWLER Privacy & Cookies Policy is available on the Website for reference. Please read this Privacy & Cookies Policy carefully for information relating to CHLOËBOWLER’s collection, use, and disclosure of your personal data. By agreeing to these Membership Terms, you also agree to the CHLOËBOWLER Privacy & Cookies Policy.
5. Prohibited Conduct
5.1 What you cannot do: Without limiting the prohibitions and restrictions found elsewhere throughout these Membership Terms, you agree not to:
(a) reproduce, modify, prepare derivative works based upon the content on the Website, or distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Website;
(b) misrepresent the source, identity, or content of information transmitted via the Website, including deleting the copyright or other proprietary rights or notices from any portion of the Website;
(c) decompile, reverse engineer or disassemble the Website, in whole or in part except as may be permitted by applicable law;
(d) link to, mirror or frame any portion of the Website;
(e) cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website;
(f) attempt to gain unauthorised access to or impair any aspect of the Website or its related systems or networks or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
(g) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, any features that prevent or restrict use or copying of any content accessible through the Website, or any features that enforce limitations on the use of the Website or the content therein;
(h) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
(i) modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorised access to the Website; or
(j) use any robot, spider, scraper, or other automated means to access the Website for any purpose.
5.2 Our rights: Without limitation to any other rights we may have under these Membership Terms, CHLOËBOWLER reserves the right to refuse service or terminate accounts in its sole discretion if you breach any of the subsections of section 5.1.
6. Ownership; Proprietary Rights
6.1 Our IP: The Website is owned and operated by CHLOËBOWLER and hosted by The Refinery. “Materials” means the content, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Website provided by CHLOËBOWLER. All Materials contained on the Website are the intellectual property of CHLOËBOWLER and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trade marks, service marks, and trade names used by us on the Website are proprietary to CHLOËBOWLER and/or third-party licensors. Except as expressly authorised by CHLOËBOWLER under these Membership Terms or otherwise, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer, mobile phone or other device, you do not obtain any ownership interest in such Materials. All rights not expressly granted in these Membership Terms are reserved.
6.2 Feedback: If you provide CHLOËBOWLER with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Website (“Feedback”), CHLOËBOWLER shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant CHLOËBOWLER a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party
7. Liability
7.1 No implied terms. The express terms of these Membership Terms are in place of all warranties, representations, conditions, terms, undertakings and obligations which, but for the Membership Terms, would be implied or incorporated into the Membership Terms, or any collateral agreement, by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
7.2 Liability that cannot be excluded. Nothing in these Membership Terms shall operate to exclude or limit liability for: (i) death or personal injury caused by our negligence, or the negligence of our servants, agents, employees or sub-contractors; (ii) any breach or contravention of the terms implied by Section 2 Supply of Goods and Services Act 1982; or (iii) fraudulent misrepresentation.
7.3 Exclusions: CHLOËBOWLER does not make any representation or warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website. We do not represent or warrant that: (i) the use of the Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (ii) the quality of the Website, will meet your requirements or expectations; (iii) the server(s) that make the Website available are free of viruses or other harmful components. The Website is provided to you strictly on an “as is” basis; (iv) any stored data will be accurate or reliable; or (v) any errors or defects will be corrected.
7.4 Only responsible for foreseeable losses or damages. Subject to section 7.2 above, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Membership Terms, but we are not responsible for any loss or damage that is not foreseeable.
7.5 Liability cap. Subject to sections 7.2 and 7.4 above, our maximum aggregate liability arising out of or in connection with these Membership Terms or any collateral agreement, whether in contract or tort (including in each case negligence) or otherwise shall in no circumstances exceed £50.
7.6 Force Majeure. We shall not be responsible for any breach of these Membership Terms caused by events of ‘force majeure’ (or to put it another way) circumstances beyond our reasonable control.
8. Miscellaneous
8.1 Transfer of Rights and Obligations: We may transfer our rights and obligations under these Membership Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Membership Terms. If you are unhappy with the transfer you may contact us to end these Membership Terms within 7 days of us telling you about it. You may only transfer your rights or your obligations under these Membership Terms to another person if we agree to this in writing.
8.2 Entire Agreement: These Membership Terms (together with any other terms and policies referred to herein) constitute the entire agreement between us and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to their subject matter.
8.3 Severability: Each of the clauses of these Membership Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
8.4 Waiver. If we do not insist immediately that you do anything you are required to do under these Membership Terms, or if we delay in taking steps against you in respect of your breaking these Membership Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
8.5 Notices. Notices will be sent to you at the email address that you provided to CHLOËBOWLER during the registration process. Notices may be sent to us here: [email protected]. Notice will be deemed given 24 hours after the email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received.
8.6 Governing Law and Jurisdiction. These Membership Terms are governed by the laws of England and Wales. Any disputes arising in connection with these Membership Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. If local laws applicable to you mandate that those local laws apply to these Terms and/or mandate that your local courts have jurisdiction to have any dispute we shall be bound by those local laws accordingly. This notwithstanding, if you have any issue in relation to these Membership Terms, please do contact CHLOËBOWLER to seek to resolve the issue through dialogue and amicably.
