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Membership Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") RELATING TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE, AND MEMBERSHIP PRODUCT(S) CAREFULLY.
These Terms form a binding agreement between you, and us the service provider when you complete your purchase of a Membership. By using the Website, and buying a Membership, you agree to be bound by these Terms. You should print a copy of these Terms, or save them to your device, for future reference.
1. Information about us, the service provider, and your Membership
Friends on a Journey Ltd, is a company registered in England and Wales under company number 13303687 with registered office at 13 Highfield Crescent, Croxton Kerrial, Grantham, Lincs. NG321QX which is also our main trading address. We are a limited company ("we", "us", "our").
We provide or make available to you this website that we own or operate currently or in the future ("Website"), and all online services (including those accessible via or through the Website) and Membership. We may however ask our "affiliates" to provide some of these on our behalf, though we remain responsible to you for the Website and Membership.
Any Friends on a Journey Support Groups that you subscribe to are subject to additional terms and conditions ("Support Group Terms") which will be made available to you in the Support Group. The Support Group Terms will form part of these Terms (but if any of them conflict with these Terms, those conflicting terms will apply and override these Terms).
When we talk in these Terms about a "Membership", it means either the Support Group and Website what you are supplied with.
Please make contact to subscribe to a Membership. You will be able to identify and correct any errors before you subscribe. We will not file a copy of your agreement with us, though these Terms will remain accessible to you on the Website.
2. Territory
The Website, and Membership are directed to, and only for use by, residents of the East Midlands, United Kingdom. You promise that you are a resident of the East Midlands, United Kingdom have a valid East Midlands, United Kingdom postal address.
3. Your use of and/or access to the Website and Membership
We grant you a non-exclusive, non-transferable, limited right to access, use and display the Website, and Membership (and all materials provided as part of that, in whatever form, including digital and printed) for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms. You agree not to give or transfer to, or share with, anyone else your rights to use and/or access the Website and Membership. You agree that only you may use and/or access your user account and password. You agree to be financially responsible for all fees and charges in respect of usage or activity of the Membership you subscribe to.
4. Changes to these Terms
4.1. We may revise these Terms where necessary to reflect changes in users' needs, our business practices or changes in law, and where this will not unreasonably disadvantage you or be contrary to good faith.
4.2. We will notify you of significant changes to these Terms by posting the changes on the website, and we may also email you with notice of these. Any new or amended version of these Terms will take effect on the date we indicate in the posting and any email. If you do not wish your use of the Website and/or any Membership to be governed by the changed Terms, you have the right to terminate your membership to a Membership in accordance with paragraph 7 and you should notify us in writing (e-mail will suffice), and from the date when the new version takes effect, you must cease to use the Website, and any Membership you have subscribed to.
4.3. We may modify or alter any aspect of the Membership, the Website, including: (i) restricting the time the membership, the Website is available: (ii) restricting the amount of use and/or access permitted; and/or (iii) restricting any user's right to use and/or access to any Membership, and the Website if we have a valid reason to do so. You agree that if we and/or the service provider do modify or alter any aspects of the Membership, and the Website in accordance with this paragraph 4.3, and you do not like the changes we and/or the service provider have made, you may terminate your membership to the Membership in accordance with paragraph 7. Any changes will not be effective during any notice period.
4.4. If you do not abide by the provisions of these Terms, except as if otherwise provided from time to time, you agree that, where we and/or the service provider consider it to be a serious breach, we and/or the service provider may immediately suspend or deactivate your user account, password and/or access, and all related information in your user account and/or bar any further access to such information, the Membership and/or the Website.
4.5. From time to time, we may supplement these Terms with additional terms and relating to specific content, activities, features, promotions or events ("Additional Terms"). These Additional Terms will be placed on the Website, or otherwise accessible to be viewed in connection with the specific content, activities, features, promotions or events and will be presented to you as such. You agree that any Additional Terms will form part of these Terms (but if any of them conflict with these Terms, those conflicting terms will apply and override these Terms).
5. Changing your Membership.
5.1. You may be able to change your Membership or change the length of your existing membership. This may involve additional commitments on your part. If you do change the membership that you subscribe to or the length of your membership, then the fees and charges payable under these Terms will change. When and how the fees and charges need to be paid may also change, along with any other aspects that may be applicable. These changes will be notified to you.
5.2. If you change your Membership under this paragraph 5 your agreement with us on these Terms will continue. However, if you upgrade your Membership by adding an additional element in the future as the company develops, then you may cancel that Membership in accordance with paragraph 7.1, though if you do so you will go back to the Membership you were on prior to the change and the financial and other arrangements that apply to it/them.
6. Charges and fees for the Membership
6.1. As a member to a Membership, you agree as follows:
(a)you agree to pay, using a valid credit or debit card, the fixed and periodic fees (including prepayment plan fees for multiple periods, if these are offered) notified to you at your support group locations, or on this website (such as the recurring monthly fee or multiple period fee, as applicable), applicable taxes, and other charges and fees incurred in order to use or access the membership product(s). We reserve the right to increase charges and fees, or to institute new charges or fees at any time, on at least 30 (thirty) days' notice communicated to you by posting on the website, and through such other means as we may deem appropriate from time to time (including email or post). If you do not agree to the increase or new charges, you may terminate your membership to the Membership in accordance with paragraph 7. Any increased changes will not be effective during any notice period. After your payment for your initial prepayment plan billing period (standard plan or multiple-period plan), we will automatically charge your credit or debit card 1 day prior to the start of each renewal period, unless you terminate your membership in accordance with paragraph 7. before you are charged for the relevant renewal period.
Except for a multiple-period prepayment plan, if any, or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of activation or prior to the beginning of the renewal period as described above. Each time you use or access a Membership you reaffirm your agreement that we may charge your credit or debit card. If we cannot charge your chosen payment method, we reserve the right to suspend, or on prior notice discontinue or terminate your use of access to the Membership. If you purchased a multiple-period prepayment plan, if any, or if you were eligible for a discounted rate but are no longer eligible for that rate, your membership will automatically be renewed at our standard membership rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple-periods, and we are offering these prepayment plans, you must notify us before you are charged for the next membership period;
(b)in addition to the fees set out above, you are responsible for all charges and fees associated with connecting to, using and accessing the Membership and the Website, including all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone, computer and printer equipment, sales taxes and any other fees and charges necessary to do so;
(c)you agree to provide us with true, accurate and complete information as required by the membership or sign up process to the Membership ("Membership data"), including your name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Membership Data with third parties in order to bill your chosen payment method and otherwise as we set out in our Privacy Policy (see paragraph 9 below). You agree to maintain and promptly update the Membership Data and any other information you provide to us, and to keep it accurate and current. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that this is the case, we and/or the service provider reserve the right to suspend or terminate your user account, and refuse any and all current or future use and/or access by you of any of the Membership, or the Website, until this is rectified to our satisfaction. You must determine whether your Membership Data are current and accurate in the support group and, if it is not, you must promptly correct or update it. You agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.
If your account or membership is suspended or terminated for any reason, you agree not to register or subscribe again for a membership and/or the Website using another username or through any other means. If we suspect, in our sole discretion, that your account or membership has previously been suspended or terminated, we reserve the right to terminate any new account or membership you have registered without any notice to you;
(d)you are entirely responsible for maintaining the confidentiality of your password and account information. You must notify us immediately if you know of, or suspect, unauthorised use of your account, or of any suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else's password or payment information. If your payment method expires, is cancelled, lost or is subject to use without your authorisation, you agree to promptly notify us and update your Membership Data to provide details of an alternative current, valid payment method. You are entirely responsible for all activities that occur through your user account. You are also responsible for paying any amounts billed to your payment method by a third party which were not authorised by you. You are also entirely responsible for any printed material you receive that allows you to use or access the Support Group membership. You agree that such printed materials are for your personal use and are non-transferable.
7. Cancellation of a membership
Your legal right to cancel
7.1. If you have ordered a Membership, you have a right to cancel that order for the membership within the 'cooling off period', which expires after 14 days from the day of the conclusion of your order. More information about this right, and how to exercise it, can be found here.
Other rights to cancel
7.2. In addition to your legal cancellation rights during the cooling off period, either you or we may terminate your membership to a Membership at any time. To cancel, please call or email us with your details and reasons. Your cancellation will take effect within seventy-two (72) hours from receipt of your cancellation notice. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, please contact us to have the charged reversed. However, if you use any Membership during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
7.3. When you cancel a Membership and it has ended, we may immediately deactivate your user account and all related information in your user account and/or bar any further access to such information, the Membership and/or the Website.
7.4. If we terminate your membership to a Membership because of a serious breach by you of these Terms, then you will not be entitled to any refund. If we (rather than you) terminate for any other reason, then we will refund to you a proportion of your most recent payment so that you do not end up paying for the part of that billing period when the membership was not available to you.
8. Availability of Membership
The availability and use of the Membership may be limited based on demographic, geographic, health or other criteria as we may reasonably establish from time to time. You agree we may disallow you from subscribing to a Membership or may terminate your membership to a Membership at any time based on these criteria. For example, individuals under the age of 18 without a letter from the Doctor may not enrol in a Membership,
9. Privacy and security
We are committed to protecting your privacy and security. We only use your personal information in accordance with our Privacy Policy. Please take time to read this, as it explains how we use your personal information.
10. Health disclaimer
The Membership, and the Website support you with your weight loss journey, guiding you with the use of your chosen weight loss program/APP. We are not a medical company and cannot give you medical advice or diagnosis. Nothing contained in any printed materials, or otherwise offered as part of any membership (in person), or published on the Website, should be construed as such advice or diagnosis. The information and reports generated by us or the service provider should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
11. Automatically become a Registered User
As a member to the Membership, you automatically become a registered user of this Website, which provides you with access to certain website products, offerings, features, or resources. If you cancel your membership to our Membership, you will remain a registered user of our Website unless you specifically request otherwise.
12. Restrictions on use of Content
You acknowledge that any materials that you receive in relation to a Membership this website may contain information, software, images, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are the property of us and/or our licensors and are protected by intellectual property and other rights, and that these rights are valid and protected in all forms, media and technologies existing now or in the future. All our Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own the copyright in and to the selection, coordination, arrangement and enhancement of our Content or are licensed to use our Content (including the selection, co-ordination, arrangement and enhancement of that Content). All trademarks appearing in our materials and on this website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available in the materials or on the website. 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 our Content, in whole or in part. When Content is received by you in any form, you do not obtain any ownership interest in that Content. Modification of our Content or use of the Content for any other purpose, including, but not limited to, use of any our Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

 

13. Community Standards and Conduct Guidelines

13.1. You acknowledge that all Content posted, emailed, or otherwise transmitted as our website develops which can be accessed via the Website (collectively the “Community”), whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), is the sole responsibility of the person who made the Posting. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Community. We do not control the Postings posted, emailed or otherwise transmitted on the Website by others and, as such, do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of the Community (as described in paragraph 14.2 below), you understand that by participating in the Community, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for our Content), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through the Community.

13.2. You agree not to use the Community to:

(a) upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

(b) harm minors in any way; or solicit or otherwise attempt to gain any information from a minor;

(c) impersonate any person or entity, including, but not limited to, any user of the Community, a director, officer, employee, shareholder, agent or representative of us, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Community;

(e) upload, post, email or otherwise transmit any Postings or other materials that are not your own or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or other relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, email or otherwise transmit any Postings or other materials that infringe upon intellectual property rights, right of privacy or publicity or other ownership rights of any party;

(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation except in the areas, if any that are specifically designated for such purpose;

(h) upload, post, email or otherwise transmit any Postings or other materials that contain software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Community can type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience;

(j) interfere with or disrupt the Community or servers or networks connected to the Community, or disobey any requirements, procedures, policies or regulations of networks connected to the Community;

(k) intentionally or unintentionally break any applicable laws and/or regulations;

(l) "stalk" or otherwise harass another user of the Community and/or any employee of us or the service provider;

(m) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Community (including username or passwords) or about any other third party; and/or

(n) access or attempt to access another user’s account without his or her consent.

13.3. Your right to use and/or access the Website and contribute to discussions depends on your compliance with the community standards and conduct guidelines above. We may revoke your right to use and/or access the Community and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you break the community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in the Community.

13.4. Unless otherwise stated in our Privacy Policy, all Community Area communications, including, but not limited to, forum, chat, message board, blog, groups and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the website (including any Community Area) for compliance with the community standards and conduct guidelines above, or for any other purpose, but are not obliged to do so except if required to by law. You acknowledge that by providing you with the ability to make Postings, we are not undertaking any obligation or liability relating to any Postings, nor do we endorse any Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we don’t generally review Content prior to the Content’s posting and we have no obligation to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove, and we are not liable for any loss you incur if that Content you post or transmit is removed.

14. Submissions

If, at our request or on your own, you send, email, post, participate in live virtual events or otherwise transmit to us or the website any user generated information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, the "Submissions"), you grant us and anyone we transfer these Terms to a royalty-free, on-going, non-cancellable, transferable and sub-licensable, non-exclusive right (including the waiver of any moral rights, to the extent allowed by law) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise reasonably deal with any Submissions (in whole or in part and with or without the use of your name, voice and image) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology, for the full term or duration of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions, for any purpose, commercial, advertising or otherwise. You also promise that: (i) you own or otherwise control all of the Rights in or to your Submissions including all the Rights necessary for you to send, email, post or otherwise transmit the Submissions; (ii) to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has validly granted you the non-cancellable right to grant the licence stated above; and (iii) that each person depicted in any images, photos and/or videos contained in your Submission (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence. You further acknowledge that we and anyone we transfer these Terms to shall be entitled use of the Submissions in line with the licence you grant without compensation to the provider of the Submissions or any third-party holder of Rights in them. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. Other than as set out in this paragraph, the owner of a Submission placed on this Website or in the Apps retains any and all Rights that may exist in that Submission. Except as stated in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

15. Children

This Website is not for use by children and is not directed to children. The Membership, the Website are for use and access by individuals who are eighteen (18) years or older. Individuals under the age of 18 (eighteen) are only allowed to subscribe to the Membership with a Doctors referral.

16. Website links

These Terms apply to the Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

17. Trade and service marks

Friends on a Journey® is the trade name and the registered trademark and service mark of Friend on a Journey Ltd, as are certain other trademarks and service marks used by us and the service provider. All rights are reserved.

18. Legal rights

18.1. You have mandatory legal rights as a consumer in respect of the membership. Nothing in these Terms affects those legal rights.

18.2. Please however note the following important disclaimers:

(a) neither we, nor any of our respective licensors, licensees, service providers or suppliers promise that the elements of this website that are not included in the Membership will be uninterrupted or error-free, that defects will be corrected, or that the website is free of viruses or other harmful components;

(b) no advice or information, obtained by you from us or the service provider shall create any binding statement unless expressly set out in these Terms.

19. Limitation of liability

19.1 If we and/or the service provider fail to comply with these Terms, we and/or the service provider are responsible for loss or damage you suffer that is a foreseeable result of that breach of these Terms or negligence, but we and/or the service provider are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.

19.2. The Membership, and the Website are supplied for domestic or private use. You agree not to use a Membership for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

19.3. 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 negligence or the negligence of any employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of your legal rights in relation to the membership.

20. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

21. General terms

21.1. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Except as set out in paragraphs 4 and 5, these Terms may be only be amended by written agreement with us or the service provider. We and the service provider may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. 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 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.

21.2. If the supply of a Membership is delayed by an event outside our or the service provider's control, then we or the service provider will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we or the service provider do this we and/or the service provider will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the membership and receive a refund for any Membership you have paid for but not received.

22. Dispute Resolution

22.1. The EU Commission has provided for an internet platform for online dispute resolution (“ODR Platform”). This ODR Platform serves as point for an alternative dispute resolution with regard to contractual obligations from online contracts. The ODR Platform is accessible at the following link: http://ec.europa.eu/consumers/odr.

23. How to contact us

23.1. If you have any questions or concerns you may contact us by e-mail at friendsonajourney21@gmail.com or by post at:

13 Highfield Crescent

Croxton Kerrial

Grantham

Lincs

NG321QX


Please also see our Contact Us page.

(Last modified on 22nd April 2021).