Terms of service
INTRODUCTION
Welcome to Own Online Studio online coaching service referred to as “Online Coaching”. We reserve the right to change these terms and conditions at our sole discretion. Should we update the terms and conditions we will use reasonable endeavours to notify you of any updates to the Terms and Conditions. Any changes will take immediate effect from the date of notice.
ACCEPTANCE OF TERMS
By using our service, you agree to the following terms and conditions.
ELIGIBILITY
By accessing or using the ‘Online Coaching’, you confirm that you are of legal age in your country and not under 16 years old, or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
If you are a parent or legal guardian permitting a Minor to access and/or use the Online Coaching, you agree to: (1) supervise the Minor’s use of the Online Coaching; (2) assume all risks associated with, and liabilities resulting from, the Minor’s use of the ‘Online Coaching’; (3) ensure that the content on the ‘Online Coaching’ is suitable for the Minor; (4) ensure all information submitted to us by the Minor is accurate; and (5) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.
PAYMENT
Products: All products (one-off programs, meal plan bundles or E-books) are a one off purchase. Fees are paid by Direct Debit using a valid debit or credit card.
Services: You may choose to pay for our service weekly or fortnightly. This fee covers a fixed term of eight (8) successive calendar weeks from the start date you choose to sign up. After the 8 weeks which is the minimum commitment term, your service will continue for as long as you wish to be a client and your payments will continue to be charged weekly until you notify us in writing that you wish to end the service.If any payment is not made in accordance with these Terms, we may (at our discretion) immediately cease providing you with access to the Online Coaching and recover, as a debt due and immediately payable from you, our additional costs of doing so.
You agree by accepting these terms, that you request and authorise us to debit funds from your provided card; and confirm that you are authorised to operate the nominated card.
You acknowledge that the amount to be debited consists of fees (as set out in the relevant terms and conditions and on the Own Online Studio website, which may change from time to time with prior notice to you increasing periodically).
We reserve the right to modify and revise the corresponding charges for our services, as well as the various plans available, at our own discretion, with the possibility of implementing such changes at any point. Any amendment or update of the fees will exclusively apply to prospective fees initiated after the effective implementation date of the modified or upgraded fees.
Fees for Online Coaching are paid by Direct Debit using a valid debit or credit card. Payments are collected via an integration with a third party payment provider for Online Coaching in accordance with the payment schedule assigned to your subscription.
When you purchase Online Coaching and/or set up a Direct Debit, you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by emailing ownonlinestudio@gmail.com or direct messaging your coach using our app.
FAILED DIRECT DEBIT PAYMENTS
You understand that a secondary attempt to deduct a failed direct debit may result in your services being cancelled effective immediatley. You acknowledge and agree that where a request for the payment of the Online Coaching fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the failed payment.
MINIMUM COMMITMENT TERM
By signing up you agree to a Minimum Commitment term for our online coaching service which is 8 Weeks. You are required to commit to this term upon signing up for our service. During this period you will not be eligible for a service termination or cancellation due to change of mind. We may to our discretion agree to pause your subscription in circumstances which arise that are outside your control (for example if you fall pregnant, become unwell or experience financial hardship).
HOLD PERIODS
Your Online Coaching service can be placed on hold for up to four (4) weeks over a calendar year. To initiate the process, you must inform your coach and submit a request via ownonlinestudio@gmail.com, or direct message your coach in the app. Approval for your request will be granted at the discretion of Own Online Studio, and you should await confirmation.If you need a hold period exceeding four (4) weeks, you must inform Own Online Studio in writing via ownonlinestudio@gmail.com. Approval for this request will be granted in writing at the discretion of Own Online Studio.We can put your Online Coaching service on hold for a minimum of one (1) week, and a maximum of two (2) weeks within an 8 week block, where we provide the program/ plan to you.
During the hold, we will not provide the program/ plan to you and you will not be required to pay the Online Coaching fees.Upon completion of your hold period, you will need to resume your 8 Week block from the point where you previously paused.
CANCELLATION
You will not be eligible for a termination or cancellation due to change of mind within the minimum commitment term of eight (8) weeks. In the case of a weekly direct debit after your minimum commitment term, you must provide us with two (2) week’s written notice if you wish to cancel. You must notify your coach in the app. Once your two weeks notice is received via the app, your cancellation will be processed. We do not offer refunds for our Online Coaching service. Please make sure you are committed to the 8 week minimum term before making payment. On reactivation of an Online Coaching membership, following a period of 4 weeks or more of inactive membership, it is mandatory you again commit to a minimum of 8 weeks. During this period you will not be eligible for a termination or cancellation due to a change of mind.For the avoidance of doubt, if you cancel your subscription within the Minimum Period, the full fee for a total of 8 weeks will be payable by you.
UNFORESEEN CIRCUMSTANCES AND MISADVENTURE
In the case of unforeseen circumstances and/or misadventure, we may hold your subscription so you can complete your service at another time. However, this is at the discretion of our business.
LIABILITY
We do not accept any liability for injury or illness sustained during or after using our service. By using our service, you assume all risk and responsibility for your own safety.
MEDICAL DISCLAIMER
Neither we Own Online Studio nor our team are medical practitioners, and do not give medical advice, treatment or diagnoses.Our Content, and any other information provided through the Online Coaching service is intended to assist you with your weight loss, weight management or weight/ muscle gain, and your body transformation journey.You acknowledge and agree that no advice we provide during the course of your Online Coaching may be taken to be medical advice, treatment or a diagnosis by us or our representatives, nor are they intended to be a substitute for consulting a medical practitioner.
CLIENT RESPONSIBILTY
It is your responsibility to disclose all relevant medical information including any injuriues, illness or disordered eating to your coach. It is also your responsability to complete the tasks set by your coach so that they can provide a safe service using the relevant data. This is including but not limited to; your weight, height and progress pictures. A coach can only provide a service with the required data and input from their clients. You will still be charged if you fail to provide the relevant insights to your coach by the required date.
PERSONAL INFORMATION
We will collect and store your personal information for the purpose of providing our online coaching service. Your personal information will be kept confidential and will not be shared with any third-party without your consent.
TERMINATION
We reserve the right to terminate your subscription at any time if you breach these terms and conditions or if we have reason to believe that you present a risk to our business or to other users of our service.
JURISDICTION
This Agreement shall be governed, construed and enforced in accordance with the laws of New Zealand. Any dispute arising between the parties in connection with Agreement shall be dealt with exclusively in the courts of New Zealand.
MODIFICATIONS
We reserve the right to modify these terms and conditions at any time. It is your responsibility to check this page periodically for updates.