Effective Date: 1-Nov-2023
Last Updated: 1-Nov-2023
Please read the entire agreement.
This is a legal agreement between you and Terri Pugh and applies should you sign up for the Note To Self journaling membership.
The terms “we,” “us,” and “our” refer to Terri Pugh, her team, and the Note To Self Membership. The term the “Site” refers to www.terripugh.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site. The term “service” refers to those elements delivered as a part of the Membership.
Our core ethos is to help people to stop yo-yo dieting, improve their relationship with food, feel more body confident, and improve their overall confidence. This document details from the outset the way in which we will deliver our services to you. If you are planning to join Note To Self, (“the Membership”) then you must read these terms and conditions in full prior to purchasing.
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Terri Pugh’s Note To Self. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Terri Pugh and the Note To Self membership (“we”, “our” or “us”) provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
Parties agree that the Membership is provided in the nature of education. The scope of services provided by Note To Self according to this Agreement are limited to those listed on the website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
Note To Self is a membership for helping people to stop yo-yo dieting, improve their relationship with food, feel more body confident, and feel more confident overall. The Membership is an ongoing commitment where you will be provided with daily journal prompts.
ELIGIBILITY & ACCOUNT CREATION
Note To Self is designed for helping people who have spent many years dieting, may have disordered eating behaviours, are lacking in body confidence, are lacking in self esteem and confidence overall, and would like to improve how they feel about themselves and their eating habits.
This membership is suitable for all.
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove any accounts we believe to be held by any individuals representing companies that offer a similar or directly competing Service.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once confirmed, we will begin delivery of the Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, email software, etc.). You agree and understand that no breach of contract action may be initiated against Terri Pugh or Note To Self when there are reasonable delays in the access of the Service.
There is one main key elements forming the membership. This is the delivery of a daily email, providing journal prompts for improving confidence and eating habits.
These emails will be written by Terri Pugh. From time to time they may also be joined by other guest writers.
Each email will be issued early each day. We will endeavour to email in line with your time zone, but you understand that this is software driven and there may be fluctuations in the arrival time of the emails. There is no set time of day, or deadline, in which the emails will be delivered.
The content of all resources and training will be provided in English, translations are not available.
SELF DIRECTED ACTION
The journal prompts are provided for your use at your discretion.
For best results you should take time each day to work through the prompts. You cannot develop the benefits of the membership by reading the emails alone.
Should you believe that a prompt will cause you any form of distress or harm through using it, we advise you to skip that prompt. Your mental health is of utmost importance. Please seek further assistance from a medical or therapeutic professional should you feel the need.
MEMBERSHIP FEES & PAYMENT TERMS
A monthly subscription allows you access to the Service for 30 days. For annual subscriptions you will receive 365 days access. Failure to pay your recurring subscription payment will result in access to the Service being stopped with immediate effect.
The cost of the Membership is set at the time you subscribe. On subscription you will agree to monthly payments via Stripe which will be taken automatically on the same date of the month each month, in line with the date on which you initially subscribed. For example, if you subscribed on the 15th of September all following payments will be taken on the 15th of each month thereafter.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your subscription. We shall never increase your membership fees without providing at least 28 days’ notice and without providing you with advance notification.
Any discount codes, special offers, or discounts given are at our discretion.
REFUNDS & CANCELLATION
It is our aim that you will be completely happy with the Membership and that you continue to develop your understanding of your eating habits and make progress in improving your self confidence. However, we appreciate that there may come a time when you wish to leave the Membership.
You have the right to cancel at any time. You are welcome to return to the Membership at any time.
Please consider the detail of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected.
Should you wish to cancel your Membership you can do so by emailing firstname.lastname@example.org. All requests must be made in writing to this email address. No cancellations will be accepted through social media or instant messaging channels.
You will continue to receive the daily prompts until the end of the current subscription period paid for. For example, if your payment is taken on the 15th of each month you will continue to have access up to and including the 14th of the month, at which time all access to the Site and any other external resources will cease. No partial refunds will be given.
No partial refunds will be given should you terminate an annual subscription, however you will retain access to all resources until the end of your annual payment term.
Please be sure to cancel your account a minimum of 48 hours prior to your next billing date. Payment processing beyond our control may have begun within that time. As we incur fees for each subscription payment taken, no refund will be due should payment go ahead. Instead, your Membership will remain active until the next billing date. It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
We reserve all rights to cancel the programme for any reason without prior notice. In such circumstances a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect:
If you fail to pay your Membership fees by the relevant due date;
If you commit a repudiatory breach of the Terms of this agreement;
As decided at our sole discretion from time to time
CONTACT & SCHEDULE
It is the intention that the Membership will run continuously and that emails will be provided as set out above. The exceptions to this will be the following:
Christmas – there will be a maximum 2 week break for the Christmas holiday.
Terri Pugh leave – Terri is entitled to take 6 weeks personal leave through the calendar year, in addition to the holidays noted above. Emails will continue to run in these weeks, however we will be out of office and any enquiries made will be replied to on our return.
Should an unforeseen reason arise which cause email(s) to be postponed you will be informed as soon as possible.
Please note and be understanding of the fact that Terri Pugh operates as a sole business owner and from time to time it is reasonable that time may be taken for illness and/or other unforeseen personal circumstances.
Throughout the Membership we will be available by the methods set out on the Contact Me page of the website. We endeavour to reply to membership enquiries within the next working day. The response may come from Terri Pugh directly, or another member of the team.
If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence.
We make no guarantees or claims as to the success of any member. Each individual is unique and their relationship with food, their body, and their self confidence are unique to them. The aim is that the Membership will provide journal prompts which the individual may then choose to apply to their situation as they see fit.
Journal prompts provided are not advisory. They are generic, and not tailored specifically to the individual. We are not responsible for any action or inaction which you take as a result of the prompts issued within the Membership.
We also ask that you acknowledge that the information and guidance given is not intended to be a quick fix solution. There is almost certainly work required by yourself over a longer period in order to make these improvements. You may or may not see instant results, and so they cannot be expected.
From time-to-time technology may fail and the emails may not be delivered in a timely manner. For the avoidance of doubt, there will be no refunds available for any missed emails, or instances where an email is unavailable. No ‘catch up’ emails will be provided should an email fail to arrive.
We are not responsible for any loss of opportunity or any investments which you make. No content in this Membership should be construed as advice. If you believe that you require medical attention you should seek assistance from a medical professional immediately.
This Membership is not suitable for those with diagnosable or recognised mental health conditions, especially where a treatment plan is recommended or in place. If you are unsure as to whether this Membership is suitable for you please contact us.
We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. Discussions within any forums may by the nature of the Membership result in the disclosure of personal information, situations and experiences. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within conversation about the Membership.
Although we regularly reinforce the request for the respect of people’s privacy it cannot be guaranteed, and so it is at your discretion what you choose to share with others.
LIMITATION OF LIABILITY & INDEMNIFICATION
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
PRIVACY & CONFIDENTIALITY
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
During your time as a Member you may be provided with a variety of resources. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as self development tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
You agree that whilst in Membership, and for a period of 12 months following termination or cancellation of your Membership, you shall not use the information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
ERRORS & INACCURACIES
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of England & Wales. The English Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made in the first instance in writing to Terri Pugh at email@example.com.
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.