TERMS & CONDITIONS

Stream Fitness and The Mummy Maintenance Project

Terms & Conditions of Fitness Sales (Not Physical Store Products)

This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) and/or provide any of the services (such as membership subscriptions) (“Services”) listed on our website (“our site”) to you, including any free trial.

These Terms will apply to any contract between us for the sale of Products or the provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.

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 referred to in clause 9. Every time you wish to make an order or your membership renews, please check these Terms to ensure you understand the terms of our order which are applicable at that time. These Terms were most recently updated on 15 January 2020.

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

1. INFORMATION ABOUT US
1.1 We operate the website www.mummymaintenanceproject.com and streamfitness.co.uk.  We are Gemma Dobson, Stream Fitness and The Mummy Maintenance Project.
1.2 Contacting us:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 11, you just need to let us know that you have decided to cancel. You can e-mail us at gemma@mummymaintenanceproject.com or admin@streamfitness.co.uk If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us or by e-mailing us at gemma@mummymaintennceproject.com or admin@streamfitness.co.uk.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your order.

2. YOUR STATUS
In order to place an order on our site, you must be a consumer, not a business or a reseller and be at least 16 years of age.

3. OUR PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.2 The packaging of the Products may vary from that shown on images on our site.
3.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3.4 Content on our site is not intended to constitute medical or pharmaceutical advice, or to be a substitute for any advice given by a licenced healthcare professional. You should contact your medical practitioner immediately if you suspect you have a medical problem, and stop using any Products or Services that you suspect may contribute to the problem or if you experience any adverse effects. You should not use any information or statement about any of our Products or Services to attempt to diagnose, treat, cure or prevent any medical condition.

4. OUR SERVICES
4.1 By placing an order for any Services, you accept that those Services commence on receipt by you of confirmation of your login details (or, if earlier, when you are given access to the restricted area of our site) or, if applicable, when you begin to download a product from our site. Due to the nature of our Services, your right of cancellation described in clause 11 below does not apply to the supply of Services if you accepted when you placed your order that we could start to deliver the Service(s) in question prior to the expiry of your right of cancellation. You will only have the right to cancel the contract for those Services after they have commenced where the Service is defective for some reason.
4.2 You may terminate your subscription to our site at any time by giving us notice in writing but will not be given a refund if you choose to do so (unless the Service has been defective for some reason).

4.3 In accepting these terms and conditions, you express a specific request that you require us to start performing any service before the end of your 7 day cancellation period. In making such a request you will lose the right to cancel your contract with us if you have been given access to our videos and live classes during the cancellation period.

5. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as it includes important terms which apply to you.

6. 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 this policy, as it includes important terms which apply to you.

7. CONSUMER RIGHTS
As a consumer, you have legal rights in relation to Products and/or Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. You also have a right to cancel the Contract as set out below in clause 11.

8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8.1 To place an order on our site, simply click the Product or Service of your choice and go through the checkout procedure.
8.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.4.
8.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched or, if they are downloadable, are ready for download, or (if you are subscribing to our site) confirming your login details (“Email Confirmation”). The Contract between us will only be formed when we send you the Email Confirmation or, if applicable when you are given access to the restricted section of our site.
8.5 If we are unable to supply you with a Product or a Service, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5 or because we cannot meet your requested delivery date, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

9. OUR RIGHT TO VARY THESE TERMS
9.1 We may revise these Terms from time to time.
9.2 Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.
9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and providing the date of such amendment at the top of this page.
9.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products and/or Services or just the Products and/or Services you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

10. YOUR CONSUMER RIGHT OF CANCELLATION
10.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, or (unless you have confirmed that we can provide you with a Service prior to the expiry of your cancellation period as described in clause 4.1) that you do not want a Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.2 However, this cancellation right does not apply in the case of:
10.2.1 any made-to-measure or custom-made products;
10.2.2 newspapers, periodicals or magazines;
10.2.3 perishable goods;
10.2.4 software, DVDs or CDs which have a security seal which you have opened or unsealed.
10.3 Your legal right to cancel a Contract starts from the date of the Email Confirmation, which is when the Contract between us is formed. If Products have already been delivered to you, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products.
10.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can e-mail us at gemma@mummymaintenanceproject.com or admin@streamfitness.co.uk. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
10.5 If you cancel your Contract we will:
10.5.1 refund you the price you paid for any Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop;
10.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option; and
10.5.3 make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive all relevant Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
10.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
10.7 We refund you via paypal or on the credit card or debit card used by you to pay.
10.8 If Product(s) were delivered to you before you decide to cancel your Contract:
10.8.1 you must return the Products to us as soon as reasonably practicable, and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
10.8.2 unless the Products are faulty or not as described (in this case, see clause 11.6), you will be responsible for the cost of returning the Products to us;
10.8.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
10.9 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms.

11. DELIVERY
11.1 Your order will be fulfilled by the estimated delivery date set out in the Email Confirmation, which will be within 30 days after the date of the Email Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
11.2 Delivery will be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
11.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
11.4 You own the Products once we have received payment in full, including all applicable delivery charges.

12. NO INTERNATIONAL DELIVERY
12.1 Unfortunately, we do not deliver to addresses outside the UK at the moment, but international delivery should be coming soon.
12.2 You may place an order from outside the UK, but this order must be for delivery to an address in the UK.

13. PRICE OF PRODUCTS AND DELIVERY CHARGES
13.1 The prices of the Products will be as quoted on our site at the time you place your order. We use our best efforts to ensure that the prices of Products and Services are correct at the time when the relevant information was posted on our site. However, if we discover an error in the price of any Product(s) and/or Service(s) you have ordered, please see clause 14.5 for what happens in this event.
13.2 Prices for our Products and/or Services may change from time to time, but changes will not affect any order which we have confirmed with an Email Confirmation.
13.3 We are not currently VAT registered.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out procedure before you confirm your order. Please see for our current delivery charges.
13.5 Our site contains a large number of Products and Services. It is always possible that, despite our best efforts, some of the Products or Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price and if the Product or Service’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

14. PAYMENT
14.1 You can pay for Products or Services using most card types and via paypal
14.2 Payment for the Products, Services and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14.3 By subscribing to our site, you authorise us to use the card details you provide to us to take a regular monthly payment for the relevant subscription fee. If that card expires at any time or we are otherwise unable to take payment from it, you must provide us with an alternative payment method. We reserve the right to suspend the subscription of any user that has not paid all of their subscription fees.

15. MANUFACTURER GUARANTEES
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
15.2 As a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

16. OUR LIABILITY TO YOU AS A CONSUMER
16.1 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 Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product 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.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
16.3.5 any breach of the terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982; and
16.3.6 defective products under the Consumer Protection Act 1987.

17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
17.2 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, failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or malicious damage or access (including, but not limited to distributed denial of service attacks, hacking or any other unauthorised access) or failure of any utility service (including any hosting services provided to the Supplier by a third party from time to time).
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract 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 Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

18. COMMUNICATIONS BETWEEN US
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact us in writing for any reason, you can send this to us by e-mail to gemma@mummymaintennceproject.com or admin@streamfitness.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are writing to us to exercise your consumer right to cancel under clause 10, please see clause 10.4 for how to tell us this.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

19. OTHER IMPORTANT TERMS
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 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.
19.5 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.
19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products 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, however we reserve the right to bring proceedings against customers in their country of residence.
19.7 We will not file a copy of the Contract between us.

 

 

 

 

PRIVACY & COOKIES POLICY

Gemma Dobson, Stream Fitness and The Mummy Maintenance Project. understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of everyone who visits this website, www.mummymaintenanceproject.com and www.streamfitness.co.uk (“Our Site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of this Privacy Policy is deemed to occur upon your first use of Our Site and you will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

  1. Definitions and Interpretation

  2. Information About Us

  3. What Does This Policy Cover?

  4. What is Personal Data?

  5. What Are My Rights?

  6. What Data Do We Collect?

  7. How Do You Use My Personal Data?

  8. How Long Will You Keep My Personal Data?

  9. How and Where Do You Store or Transfer My Personal Data?

  10. Do You Share My Personal Data?

  11. How Can I Control My Personal Data?

  12. Can I Withhold Information?

  13. How Can I Access My Personal Data?

  14. How Do You Use Cookies?

  15. How Do I Contact You?

  16. Changes to this Privacy Policy

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings: 

“Account”

 

means an account required to access and/or use certain areas and features of Our Site;

 

“Cookie”

 

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in Part 14, below; and

 

“Cookie Law”

 

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;

 

 

2. Information About Us

Our Site is owned and operated by Gemma Dobson, Stream Fitness and The Mummy Maintenance Project.

Registered Address: Festubert, Willey Green Cottages, Guildford Road, Normandy, GU3 2AT

Data Protection Officer: Gemma Dobson

Email address: gemma@mummymaintenanceproject.com.

Telephone number: 01483237449.

3. What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

4. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

5. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  • The right to be informed about our collection and use of your personal data. This Privacy Policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 15.

  • The right to access the personal data we hold about you. Part 13 will tell you how to do this.

  • The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 15 to find out more.

  • The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 15 to find out more.

  • The right to restrict (i.e. prevent) the processing of your personal data.

  • The right to object to us using your personal data for a particular purpose or purposes.

  • The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

  • Rights relating to automated decision-making and profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 15.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

6. What Data Do We Collect?

Depending upon your use of Our Site, we may collect some or all of the following personal and non-personal data (please also see Part 14 on our use of Cookies and similar technologies):

  • Name;

  • Date of birth;

  • Gender;

  • Address;

  • Email address;

  • Telephone number;

  • Business name;

  • Job title;

  • Profession;

  • Payment information;

  • Information about your preferences and interests;

  • IP address;

  • Web browser type and version;

  • Operating system and device;

  • A list of URLs starting with a referring site, your activity on Our Site, and the site you exit to;

7. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one of the following purposes:

  • Providing and managing your Account;

  • Providing and managing your access to Our Site;

  • Personalising and tailoring your experience on Our Site;

  • Supplying our products or services to you. Your personal details are required in order for us to enter into a contract with you.

  • Personalising and tailoring our products or services for you.

  • Communicating with you. This may include responding to emails or calls from you.

  • Supplying you with information by email or post that you have opted-in to (you may unsubscribe or opt-out at any time by emailing jane@resultswithlucy.com).

  • Analysing your use of Our Site and gathering feedback to enable us to continually improve Our Site and your user experience.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message and/or post with information, news, and offers on our products and services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

We use the following automated systems for carrying out certain kinds of decision-making and profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us to find out more using the details in Part 15.

  • The following automated decision-making and automated profiling method(s) may be used:

    • Email marketing.

    • Pay per click targeting.

8. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will, therefore, be kept for reasonable periods determined by the likelihood of your continued intention to contract with our business or be interested in our products or services.

9. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

We may use specific contracts with external third parties that are showing to be compliant with GDPR for the transfer of personal data to third countries. These contracts ensure the same levels of personal data protection that would apply under the GDPR.

Where we transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar to those in Europe. More information is available from the European Commission.

Please contact us using the details below in Part 15 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.

10. Do You Share My Personal Data?

We may share your personal data with other companies in our group for the same purposes as described in this policy. This includes subsidiaries or our holding company and its subsidiaries.

We may sometimes contract with the third parties to supply certain products or services. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold. A list of these third parties can be provided at any time by contacting as us described in Part 15.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 9.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 9.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

11. How Can I Control My Personal Data?

11.1 In addition to your rights under the GDPR, set out in Part 5, when you submit personal data via Our Site, you may be given options to restrict our use of your personal data. In particular, we aim to give you strong controls on our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided in our emails.

11.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

12. Can I Withhold Information?

You may access certain areas of Our Site without providing any personal data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

You may restrict our use of Cookies. For more information, see Part 14.

13. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 15.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

14. How Do You Use Cookies

Our Site may place and access certain first-party Cookies on your computer or device. First-party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of Our site and to provide and improve our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

By using Our Site, you may also receive certain third-party Cookies on your computer or device. Third-party Cookies are those placed by websites, services, and/or parties other than us. Third-party Cookies are used on Our for marketing and apps which are used to improve the functionality of our website. For more details, please refer to the table below. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.

All Cookies used by and on Our Site are used in accordance with current Cookie Law.

Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are available upon request using the details provided in Part 15. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings as detailed below, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.

Our Site uses analytics services provided by hosting providers and Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how Our Site is used. This, in turn, enables us to improve Our Site and the product and services offered through it.

The analytics service(s) used by Our Site use(s) Cookies to gather the required information. You do not have to allow us to use these Cookies, however whilst our use of them does not pose any risk to your privacy or your safe use of Our Site, it does enable us to continually improve Our Site, making it a better and more useful experience for you.

In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third-party Cookies. By default, most internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

15. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of our Data Protection Officer: Gemma Dobson:

Email address: gemma@mummymaintenanceproject.com;

Telephone number: 01483 237449;

16. Changes to this Privacy Policy

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

REFUND POLICY

Refund Policy

This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) and/or provide any of the services (such as membership subscriptions) (“Services”) listed on our website (“our site”) to you, including any free trial.

These Terms will apply to any contract between us for the sale of Products or the provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.

REFUND POLICY

Customer Reviews

This page (together with the documents expressly referred to on it) provides you with information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) and/or provide any of the services (such as membership subscriptions) (“Services”) listed on our website (“our site”) to you, including any free trial.

These Terms will apply to any contract between us for the sale of Products or the provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services from our site.

GEMMA DOBSON – STREAM FITNESS – THE MUMMY MAINTENANCE PROJECT

TERMS OF WEBSITE USE

A. GENERAL

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.mummymaintenanceproject.com and  www.streamfitness.co.uk  (“our site”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

INFORMATION ABOUT US

Our site is operated by Gemma Dobson, Stream Fitness, The Mummy Maintenance Project (“We”).

ACCESSING OUR SITE

The materials on our site are directed solely at consumers who access our site from the United Kingdom. We do not represent that any product referred to in our site is appropriate for use, or available, in other locations. If you choose to access our site from another location, you are responsible for complying with any relevant laws in that other location.

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time we may restrict access to some parts of our site, or our entire site, to users who have registered with us or registered users who satisfy certain criteria eg. age. If you would like to subscribe to the restricted areas of our site, please follow the instructions to sign up.

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, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights 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.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

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 separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of 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.

RELIANCE ON INFORMATION POSTED

Blogs, commentaries, fitness/healthy eating guides and all other materials posted on our site are not intended to amount to advice on which reliance should be placed. Some of this material may have been provided by third parties or uploaded by registered users. We do not verify this information. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You should always seek to obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of our site.

For our healthcare products, diet plans, food supplements and other similar products or services, please carefully read the information provided on our site regarding that product or service or contact the manufacturer or third party service provider (where the service is not provided by us, for example, when we use YouTube videos on our site). We are not licensed healthcare professionals; if in any doubt, or if you are pregnant, breast-feeding, trying to get pregnant or taking any prescribed medication, please consult your medical practitioner before using any of the products or services.

Any food supplements must not be used as a substitute for a varied and balanced diet and a healthy lifestyle.

Any product to be used as an aid to slimming or weight-loss can only achieve those results if consumed as part of a properly varied, balanced and controlled diet and accompanying a healthy lifestyle.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms and Conditions of Sale . We assume no responsibility for the content of any 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.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

UPLOADING MATERIAL TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other areas of our site, you must comply with the content standards set out in our Acceptable Use Policy.

We will review the material you provide to upload to our site, however you remain responsible for the content of such material.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We reserve the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

VIRUSES, HACKING AND OTHER OFFENCES

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 cooperate 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.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.

LINKING TO OUR SITE

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. However, 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.

You must not establish a link from any website that is not owned by you.

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. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of material on our site other than that set out above, please address your request to either gemma@mummymaintenanceproject.com or admin@streamfitness.co.uk.

 

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, those links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

The Mummy Maintenance Project and StreamFitness.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns or queries about any of the material that appears on our site, please contact gemma@mummymaintenanceproject.com or admin@streamfitness.co.uk.

Thank you for visiting our site.

B.     ACCEPTABLE USE OF OUR SITE 
 

1. PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or
regulation.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or
effect.

• For the purpose of harming or attempting to harm minors in any way.

• To send, knowingly receive, upload, download, use or re-use any material which does
not comply with our content standards.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or
promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses,
Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the operation
of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of any
of the other provisions of these terms of Website Use.

• Not to sell goods or services through our site.

• Not to disclose the confidential information of a third party without their consent.

• Not to access without authority, interfere with, damage or disrupt:

− any part of our site;
− any equipment or network on which our site is stored;
− any software used in the provision of our site; or
− any equipment or network or software owned or used by any third party.

2. INTERACTIVE SERVICES

Our site provides interactive services, including, without limitation:

  • Online exercise classes

  • Chat rooms.

  • Bulletin boards

  • Video streaming/uploads.

(“interactive services”).

Where we do provide any interactive service, those services are not moderated. We will not be responsible as author, editor or public of any contribution submitted to our site (“Contribution”) and we expressly exclude our liability for any loss or damage arising from the use of our site by any person in contravention of these Terms. We reserve the right to promptly remove, or to disable access to, any Contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks
to them.

We will do our best to assess any possible risks to minors from third parties when they use our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service in light of those risks.

You must have completed the Medical Questionnaire prior to starting any activity. If you have answered ‘Yes’ to any question on the Medical Questionnaire then you must discuss this with a trainer and gain consent prior to commencing any exercise.

3. CONTENT STANDARDS

These content standards apply to any and all contributions made to our site, and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).

• Be genuinely held (where they state opinions).

• Comply with applicable law in the UK and in any country from which they are posted.

• Be relevant.

Contributions must not:

• Contain any material which is defamatory of any person.

• Contain any material which is obscene, offensive, hateful or inflammatory.

• Disclose the name, address, telephone, mobile or fax number, email address or any other personal data in respect of any individual.

• Promote sexually explicit material.

• Promote violence.

• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Infringe any copyright, database right or trade mark of any other person.

• Be likely to deceive any person.

• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Promote any illegal activity.

• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

• Give the impression that they emanate from us, if this is not the case.

• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

• Contain any advertising or promote any services or web links to other sites.

4. COMPLAINTS

If you wish to complain about any Contribution posted to the Board, please contact us at gemma@mummymaintenanceproject.com or admin@streamfitness.co.uk. or, if available, by clicking the “Report” link on the relevant Contribution. We will then review the Contribution and decide whether it complies with these Terms. We will deal with any Contribution which, in our opinion, violates these Terms as described below. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

5. COPYRIGHT

By submitting a Contribution to our site, you agree to grant us a non-exclusive licence to use that Contribution. Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

Please also note that, in accordance with these Terms, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Board, you are warranting that you have the right to grant us the nonexclusive copyright licence described above.

If you are not in a position to grant such a licence to us, please do not submit the Contribution to our site.

6. SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.

• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

• Issue of a warning to you.

• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

• Further legal action against you.

• Disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.