Mama’s Weight Loss Academy
Terms and Conditions
September 2021
- These terms
1.1 What these terms cover and why you should read them. These are the terms and conditions for your purchase of the Mama’s Weight Loss Academy Program (“the Program”) from doctoraishah.com (the “Website”). By signing up to the Program you agree to these terms and conditions so please read them carefully. We reserve the right to change these terms from time to time, but if we do this the latest version will be available on the Website.
2. Information about us and how to contact us
2.1 Who we are. We are THE WAY TO WEIGHT LOSS LTD a company registered in England and Wales. With company registration number 12296833. Our registered office is at 33 Margery Park Road, London, England E7 9LA.
2.2 How to contact us. You can contact us by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your order for the program.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Program. If you have already made payment we will provide a refund. This might occur because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Program or because we are unable to deliver the program as originally planned.
3.3 Making sure your information is accurate. If you provide us with measurements, values, or information about yourself before or during the program, you are responsible for ensuring that such measurements, values and information are correct. We can not be held responsible for any claims or liabilities arising as a result of an error in the information provided by you.
4. Your rights to make changes
If you wish to make a change to the Program you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Program, the timing of supply or anything else which would be necessary as a result of your requested change.
5. Our rights to make changes
5.1 Changes to the Programs. We may change the Program:
a) to reflect changes in relevant laws and regulatory requirements;
b) to implement minor technical adjustments and improvements, for example to address a change in your circumstances that you have communicated to us; and
c) to improve the way in which the Program is delivered, whether specifically for your individual needs or the cohort as a whole.
5.2 Updates to digital content. We may update digital content on doctoraishah.com relating to the Program from time to time to ensure we are providing the best possible resources and support to you during the Program.
6. Providing the Programs
6.1 Costs. The costs for the Program will be as displayed to you on our Website. The Program is offered either on a one-time payment basis, 3-monthly payment basis, 6-monthly, or 12-monthly payment basis.
6.2When we will provide the Program. During the order process we will let you know how and when the Program will be delivered to you. We will supply the digital content to you until the Program is completed or your subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
6.3 We are not responsible for delays outside our control. If delivery of the Program is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
6.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Program to you, for example, your name, age, date of birth, weight, height etc. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or limit your access to the Program that is required as a result. We will not be responsible for supplying the Program late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.5 Reasons we may suspend the supply of Programs to you. We may have to suspend your access to the Program:
a) to deal with technical problems or make minor technical changes to the Website or the Program;
b) to update the Program to reflect changes in relevant laws and regulatory requirements;
c) to make changes to the Program as requested by you or notified by us to you (see clause 6);
d) if we no longer, or are no longer able, to provide the Program, for example because the Program is discontinued or the company or Website cease to exist.
6.6 Your rights if we suspend the supply of Programs. Where possible we will contact you to tell you we will be suspending supply of the Program. We may not be able to refund any sums that you have paid in advance for the Program in respect of the period after you end the contract if we suspend the Program due to reasons under term 6.8(d)
6.7 We may also suspend supply of the Programs if you do not pay. If you do not pay us for the Program when you are supposed we may suspend supply of the Programs until you have paid us the outstanding amounts. As well as suspending the Programs we can also charge you interest on your overdue payments.
7. Your rights to end the contract
7.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. These terms set out the circumstances in which you may have the right to do this.
7.2 Subscriptions and payment plans. Where you purchase a subscription for a minimum period, or payment plan where a payment is spread across a period of time, you do not have the right to cancel until the agreed payment term has ended. For example, in the case of the 3-monthly Payments plan, unless exercising your rights under Term 7.3, this can only be cancelled after 3 months has elapsed. If you purchase access to the Program for a further 3 months, this timeframe will reset and you will be unable to cancel until a further 3 months has elapsed (i.e. the new period you have signed up to).
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013 (“CCR”)). For most Programs bought online you have a legal right to change your mind within 14 days and receive a refund. The below terms explain whether you have this right in more detail.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
a) digital Programs after you have started to download or stream these; or
b) services, once these have been completed, even if the cancellation period is still running.
Whether you have such a right will therefore depend on the extent that access of the Program has already been granted to you.
8. How to end the contract with us
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, email address, and details of the order.
8.2 Refunds. If you are entitled to a refund, we will refund you by the method you used for payment. However, we may make deductions from the price to reflect the loss of value in the Program as a result of your access to it up until that point.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible once we have confirmed that you are entitled to one.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time without notice if:
a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Programs; or
c) we are no longer able to provide the Program to you for any reason.
9.2 We may withdraw the Program. We may write to you to let you know that we are going to stop providing the Program. We will let you know at least 7 days in advance of our stopping the supply of the Program and will refund any sums you have paid in advance for any part of the Program which will not be provided.
10. If there is a problem with the Program
10.1How to tell us about problems. If you have any questions or complaints about the Program, please contact us. You can write to us at [email protected].
11. Price and payment
11.1 Where to find the price for the Program. The price of the Program (which includes VAT) will be the price indicated on the order pages when you placed your order on the Website. We use our best efforts to ensure that the price of the Program advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Program you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Program, we will adjust the rate of VAT that you pay, unless you have already paid for the Program in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Programs we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Program's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Program's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When and how you must pay. We accept payment by card, Paypal and direct debit. You will need to pay at the time of placing your order and/or, if you have purchased a monthly payment plan for the Program, each month in advance on the date we specify to you.
11.5 Late payments. If you do not make any payment to us by the due date we may charge interest to you not he overdue amount at the rate of 8% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount.
12. Limitation of liability and no warranty
12.1 We are not responsible to you for unforeseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
12.2 By purchasing the Program you accept and agree that:
a) The Program is not a substitute for seeking professional medical advice. Any information provided as part of the Program is provided for the purposes of general information only. We strongly recommend you consult your GP, physician or other healthcare provider before undertaking the Program. Results of the Program will be affected by the effort and commitment of the individual and in some circumstances, even where an individual follows the Program, they may not achieve their desired results. We therefore provide no warranties of any kind, express or implied, as to the effectiveness any techniques, diets or programmes that we deliver; or the results that you may achieve as a result of following the Program.
b) you understand there is a risk of injury associated with following a the Program and agree to assume full responsibility for any and all injuries, losses and damages that you or anyone else incurs while following the Program
c) You waive all claims against us, for any and all injuries, claims or damages that you or anyone else may incur while following or using the Program.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
12.4 We are not liable for business losses. We only supply the Program for domestic and private use. You agree not to use the Program for any commercial, business or re-sale purpose, ad if you do, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
13.1 How we may use your personal information. We will only use your personal information as set out in our https://www.doctoraishah.com/privacy/.
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You many not transfer your rights or share the Program with someone else. You may not transfer your rights or your obligations under these terms to another person at any time. By purchasing the Program you accept that you exclusively have right to access the Program and any materials provided to you in connection with it. You must never share any information, materials or digital material you are provided as part of the Program with anybody else. Breach of this clause
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Program, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Programs in the English courts.