This page (together with our Privacy Policy and our Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Services (Services) listed on our website (our Site) to you.

These Terms will apply to any contract between us for the sale of our services (Services) to you (Agreement).  Please read these Terms carefully and make sure that you understand them, before ordering any Services from our Site.  Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please take the time to read our Terms, by clicking “Checkout” you are confirming that you have read and understood them.  You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 7. Every time you wish to purchase Services please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Agreement between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the website https://www.marcdressen.com/, our Site.
1.2 To contact us, please see our Contact Us page https://www.marcdressen.com/contact.

2. OUR SERVICES

2.1 Our Services include the provision of:
(a) learning tools to support a healthy approach to exercise and eating including but not limited to interactive tools, downloadable e-books, blogs and other online resources;
(b) an online training programme selected by the customer and undertaken at the customer’s own pace and in accordance with the customer’s own assessment of his or her abilities and fitness together with medical advice;
(c) guidance on eating programmes/diets but these are not a replacement for medical advice on specific dietary requirements, allergies or other dietary issues

(d) from time to time we may run promotions or competitions in relation to our Services.

2.2 The images on our Site are for illustrative purposes only.

 

3. USE OF OUR SITE

Your use of our Site is governed by these Terms and our Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

 

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

 

5. CONSUMER INFORMATION

5.1 You may only purchase Services from our Site if you are at least 18 years old.
5.2 You may review the information you have given us by creating an account on the Site.
5.3 Nothing in these Terms will affect your legal rights.

 

6. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US

6.1 When you have read our terms and conditions and click “Checkout”, you will be taken to the payment page at Shopify, where you can choose your payment method. By completing payment, you are accepting our offer to provide you with services and the contract between us is formed.
6.2 After you complete the payment, you will receive an e-mail from us acknowledging that we have received your information, the Acknowledgement Email.

 

7. OUR RIGHT TO VARY THESE TERMS

7.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) changes in how we provide the Services.
7.2 Every time you purchase the Services from us, the Terms in force at that time will apply to the Agreement between you and us.
7.3 Whenever we revise these Terms in accordance with this clause 7, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

8. YOUR CONSUMER RIGHT OF CANCELLATION

8.1 As a consumer, you have the legal right to cancel the Agreement (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), during the period set out below in
8.2. This means that during the relevant period if you change your mind or for any other reason you do not want to keep our Product, you can notify us for your decision to cancel the Agreement and receive a refund. 8.2 Subject to clause 8.3 below, your legal right to cancel the Agreement starts from the date of payment, which is when the Agreement between us is formed. You have 14 days from entering into a service contract in which you can cancel it providing that you have not begun the download process. Please note that, once you start the download, you will lose the right to cancel.
8.3 Your right to cancellation right does not apply in the case of:
(a) a digital download such as a pdf document once the download has commenced;
(b) any Services made to your specification or clearly personalised;
(c) newspapers, periodicals or magazines;
(d) perishable goods;
(e) software, DVDs or CDs which have a security seal which you have opened or unsealed; or
(f) if the service is provided in full within 14 days.
8.4 To cancel an Agreement, please contact us by email with “Cancellation” in the subject line to info@marcdressen.com. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the e-mail.
8.5 If your digital content (product purchased) is faulty, you are entitled to a repair or replacement. If the fault cannot be fixed, you can claim a refund. For the avoidance of doubt, this does not extend to a warranty in relation to the effectiveness of the information, your ability to follow a programme or the eventual outcome.
8.6 You will receive a full refund of the price you paid for the Services less any administrative costs and/or bank fees for which we are not liable. Non-UK customers should note that their banks may levy a fee for which we are not liable. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4.
8.7 We will refund you using the method with which you paid.
8.8 Your legal rights are not affected by any terms within this clause.

 

9. INTERNATIONAL (NON-UK) CUSTOMERS

9.1 You must comply with all applicable laws and regulations of the country in which you reside. We will not be liable or responsible if you break any such law.

 

10. PRICE OF SERVICES

10.1 The prices of the Services will be as quoted on our Site from time to time. We use our best efforts to ensure that the prices of the Services are correct at the time when the relevant information was entered onto the system. However, changes will not affect any order which we have confirmed with an Acknowledgement Email.
10.2 The price of our Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
10.3 Non-UK customers should note that prices may vary according to exchange rates applicable at the time of payment but such price will already include any foreign transaction fees and the UK VAT rate.

 

11. HOW TO PAY

11.1 You can only pay for Services using Shopify, where you can decide to use a Paypal account or credit or debit card if the particular credit or debit card is accepted by Shopify.
11.2 Payment for the Services is due upon your acceptance of our Terms and Conditions and selection of the “Checkout” option. Clicking “Checkout” will take you to the Shopify payment gateway where payment will be taken.

 

12. MEDICAL DISCLAIMER

12.1 You should consult your doctor before commencing any exercise program.
12.2 You must not rely on the information on this https://www.12weekathlete.com as an alternative to medical advice from your doctor or other professional healthcare provider.
12.3 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
12.4 If you think you may be suffering from any medical condition, you should seek immediate medical attention.
12.5 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this https://www.12weekathlete.com

 

13. OUR LIABILITY

13.1 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
13.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
13.3 We only supply the Services for your private use. You agree not to use the Services, or any information contained within our provision of the Services, for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.4 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
13.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
13.6 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

14. OUR SITE

14.1 Changes to our Site:

(a) We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it;

(b) We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

14.2 Accessing our Site:

(a) Our landing page and other information pages are available free of charge but the members’ area forms part of our Services for which we charge a membership fee;
(b) We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period;
(c) You are responsible for making all arrangements necessary for you to have access to our Site;

(d) You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

14.3 Your account and password:

(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party;
(b) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.;
(c) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@marcdressen.com

 

15. INTELLECTUAL PROPERTY RIGHTS

15.1 Intellectual Property Rights (IPR) means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
15.2 We are the owner or the licensee of all IPR in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.3 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use but you may not distribute such material.
15.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics. You may only download such material to assist with your own use of the Services.
15.5 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
15.6 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us.
15.7 If you print off, copy or download any part of our Site in breach of our IPR and these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You may also be liable for a fine and/or legal proceedings against you.

 

16. UPLOADING CONTENT TO OUR SITE

16.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out in our Acceptable Use Policy.
16.2 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3 Any content you upload to our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
16.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.5 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
16.6 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
16.7 The views expressed by other users on our Site do not represent our views or values.

 

17. VIRUSES

17.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
17.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
17.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, 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 co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

18. LINKING TO OUR SITE

18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
18.3 You must not establish a link to our Site in any website that is not owned by you.
18.4 Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
18.5 We reserve the right to withdraw linking permission without notice.
18.6 The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
18.7 If you wish to make any use of content on our Site other than that set out above, please contact info@marcdressen.com.

 

19. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

19.1 Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.
19.2 We have no control over the contents of those Sites or resources.

 

20. EVENTS OUTSIDE OUR CONTROL

20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
20.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
20.3 If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

 

21. COMMUNICATIONS BETWEEN US

21.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
(a) To cancel an Agreement in accordance with your legal right to do so as set out in clause 8,
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to info@marcdressen.comor by pre-paid post to 12weekATHLETE, 26 York Street London GB W1U 6PZ.
21.2 If we have to contact you or give you notice in writing, we will do so using the e-mail address you provided upon joining.

 

22. OTHER IMPORTANT TERMS

22.1 We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
22.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
22.3 This Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Agreements (Rights of Third Parties Act) 1999 or otherwise.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 Please note that these Terms are governed by English law. This means an Agreement for the purchase of the Services through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.