IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to and special terms and conditions of each individual seller (“Seller”) on their www.thisgirlisonfire.com product pages before making any order.
Acceptance of terms
We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
1. About us
The Services are operated by This Girl Is On Fire Limited (TGIOF) (“we”, “us”). We are registered in England and Wales company number 11249995 – registered office Squirrels Wood, Reigate Road, Leatherhead KT22 8QY
2. Accessing our Service
Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.
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 Customer Terms.
It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.
3. Intellectual property rights
We own, or are the licensee to, all right, title and interest in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.
We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please contact email@example.com to report the concern.
4. This Girl Is On Fire’s role when using our service
Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions. This Girl Is On Fire Limited do not posses any items offered for sale through the Marketplace.
You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller.
5. Disclaimer of Warranties and limitation of liability
(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
(b) The Site are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.
(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
6. How contracts are formed between you and Sellers
Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.
7. Payment methods
Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility, we act in the capacity as commercial agent of the Seller. In respect of all payment methods, the Seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time. You acknowledge that these Customer Terms, and/or any transaction made by you via www.thisgirlisonfire.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.
8. Refusal of transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
9. Delivery arrangements
Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs vary according to the delivery methods offered. Any delivery times quoted are in working days.
10. Import regulations and duty
If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please see our Returns & Refunds Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancellable and non-refundable, please see our Returns & Refunds Policy for more information.
You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
Our Site must not be framed on any other website, 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 at any time.
The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third-party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them including the group gifting application which is provided by a third party.
If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Entire agreement
These Customer Terms and any documents expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.
16. Force majeure
Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, pandemics, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.
17. Rights of Third Parties
No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either This Girl Is On Fire Limited or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of This Girl Is On Fire Limited when acting as commercial agent of any Seller.
18. Law and jurisdiction
Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England.
19. Feedback and Complaints
General comments about the Site are welcome, please email firstname.lastname@example.org
Complaints about a specific Seller, goods or services can also be sent here and will be forwarded onto the relevant seller for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our the Site and with the Seller, the European ‘Online Dispute Resolution Platform’ can be accessed by following the link: http://ec.europa.eu/odr.
20. Other applicable terms and conditions
Additional terms and conditions may apply to certain products and services. These products and services are set out below.
Digital downloads: Special terms and conditions
This Girl Is On Fire offer a variety of online, streaming and downloadable content accessible on a subscription, purchase or other basis, including our courses (collectively, the “Online Courses”). YOUR ACCESS TO OUR ONLINE COURSES IS SUBJECT TO AND GOVERNED BY your agreement to the Customer Terms above and also to be bound by the special conditions relating to Digital Downloads (ONLINE COURSES). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR THE SUBSCRIPTION, PURCHASE OR OTHER ACCESS TO THE ONLINE COURSES.
1. General Registration Requirements.
If you wish to purchase access to and use of one or more Online Course, you must (a) register for such Online Courses, and (b) pay the applicable fees. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the English law or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Our Website (the “Registration Data”), and (ii) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse you any and all current or future access to and use of the Online Courses (or any portion thereof). Access to and use of the Online Courses, and registration for our Online Courses, are void where prohibited.
2. Account Password and Security.
If you register for an Online Course, you will be required to choose a password and provide your email address, and you may be asked for additional information regarding your account. You agree not to share, give or sell your password or username to any other person or company or allow any third party to access your account or an Online Course through your account. We will construe excessive viewings or logins as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund. You are responsible for maintaining the confidentiality of the password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us (by e-mail to email@example.com) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to Online Courses if we believe your username and/or password has been compromised, or is being used fraudulently, at our own discretion.
You acknowledge, consent and agree that We may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any such content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of This Girl Is On Fire Limited, its users and the public. Under no other circumstances will We intentionally disclose your account information to any third party.
4. Security Components.
You understand that our Online Courses and software embodied within our Online Courses may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules we set and/or content providers who provide content to This Girl Is On Fire. You may not attempt to override or circumvent any such security components and usage rules embedded in our Online Courses.
5. Non-commercial Use.
The Online Courses may not be used in connection with any commercial purposes. Unauthorized framing of or linking to any of our Online Courses is prohibited.
6. Third Party Content.
Our Online Courses contain content of our third-party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Online Courses to which you register other than the right to access and use such Online Courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our Online Courses.
7. International Use.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the England or the country in which you reside.
8. Free Trial.
You may only use a promotional free trial once. After the free trial period, further access will require you to purchase it.
9. Term and Termination.
This Agreement shall remain in full force and effect for so long as it is posted on Our Website. We reserve the right to terminate your account or your access to our Online Courses immediately, with or without notice to you, and without liability to you, if We believe that you have breached any of the terms of this Agreement. The terms of Sections 3, 6 and 11-18 will survive termination of this Agreement or termination of your use of the Service.
Our Website and Online Courses include information and instruction relating to diet, yoga, exercise and fitness, and some of the products and services available through Our Website and Online Courses relate to such topics. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or Online Courses, We strongly recommend that you consult with a physician or other healthcare provider. This Girl Is On Fire Limited, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program, and/or when using any diet or fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
Our Website, including all content thereon, and Online Courses are not meant to be substitutes for medical advice from your doctor or health care provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in its programs, Our Website or the Online Courses. You are advised that health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with qualified medical professionals with any questions or concerns you may have regarding any health condition that you may have before starting any yoga, Pilates or other exercise program or making changes to your diet.
You should never disregard medical advice or delay seeking it because of a statement you have read on Our Website and/or heard in an Online Course. Our Website and Online Courses should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that Our Website and Online Courses are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using Our Website and/or the Online Courses. If you experience any discomfort or pain during a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician.
This Girl Is On Fire Limited, its products, including our Online Courses, and the presenters of those Online Courses are not accredited or evaluated by any governmental, academic or other independent body. The completion of This Girl Is On Fire Online Courses does not convey academic credit, which will be recognized or transferable to academic educational institutions.
Completion of an Online Course or series of This Girl Is On Fire Online Courses and any certificate or other evidence thereof provided by This Girl Is On Fire may not be recognized by third-parties, including employers, governmental bodies and educational institutions, as imparting upon the participant any particular qualification, skill-set or fitness to practice or perform any particular task or profession, and This Girl Is On Fire makes no representations or warranties to that effect.
11. Disclaimer of Warranties.
THE ONLINE COURSES ARE AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE ONLINE COURSES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE ONLINE COURSES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE COURSES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE ONLINE COURSE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR ONLINE COURSES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN”HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR ONLINE COURSES, WE DO NOT GUARANTEE OR WARRANT THAT OUR ONLINE COURSES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR ONLINE COURSES, YOU DO SO SOLELY AT YOUR OWN RISK.
THE ONLINE COURSES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE ONLINE COURSES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. WE MAKE NO REPRESENTATIONS THAT THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE ONLINE COURSES.
12. Limitation on Liability.
This Girl Is On Fire and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for access to and use of the applicable Online Course.
You agree to indemnify and hold harmless This Girl Is On Fire and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Sale or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
14. Modification and Discontinuation.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Online Courses (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of our Online Courses.
15. Entire Agreement.
This Agreement constitutes the entire agreement between you and This Girl Is On Fire Limited with respect to the Online Courses and governs your access to and use of the Online Courses, superseding any prior agreements between you and us with respect to the Online Courses.
16. Choice of Law and Forum.
This Agreement shall be governed by English law, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE COURTS LOCATED IN LONDON, ENGLAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
17. Waiver and Severability of Terms.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
18. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding this Agreement, please contact us by email firstname.lastname@example.org
Last updated 9th April 2020