Terms of Use
1 Introduction
1.1 Thank you for visiting www.fittotransformtraining.com (“the Website”). The Website is operated and owned by Veronica Tomasiello, known as Nikias (“we”, “us”, or “our”).
By reading information on Veronica Tomasiello via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for a service from Veronica Tomasiello has been accepted by Veronica Tomasiello in accordance with these Terms and Conditions, you shall become a client of Veronica Tomasiello (“you”, “your”, or “Client”).
1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS (“Terms”) in conjunction with the Disclaimer and the Privacy Policy on the Website, as both the Disclaimer and the Privacy Policy are incorporated in to these Terms and it is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with us. By entering this website or purchasing or using our blog, e-mails, programs, services, and/or products, or registering to become a Client with us and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then please do not submit an application to register for a service and do not use our website, blog, e-mails, programs, services, or products.
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for any services with Veronica Tomasiello. Veronica Tomasiello reserves the right to deny services to anyone and to refuse any applications for services, in its own discretion, and no-one shall become a Client of Veronica Tomasiello until they receive a confirmation email from Veronica Tomasiello confirming that their application has been accepted. Once an applicant has been contacted by Veronica Tomasiello confirming that their application for services has been accepted, then that applicant shall become a ‘Client’ of Veronica Tomasiello and subject to the provisions of these Terms.
1.5 Any information given freely on the website or any programs advised via any of our services are for information purposes only, and are written with drug free athletes in mind. We do not condone the use of any performance enhancing drugs and using these is at your own risk.
2 Privacy Policy
2.1. We take your privacy very seriously and agree to only use your Personal Information in accordance with our Privacy Policy set out on this Website. Please read our Privacy Policy to see how we use your Personal Information.
3 Links
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not:
3.2.1 change, alter or distort any content on the Website;
3.2.2 misrepresent its relationship, or present false information about Veronica Tomasiello and/or any third parties referenced on the Website or information regarding other Clients;
3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive. If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
4 Health and Medical History Assessment
4.1 Prior to acceptance of your application for a service, we collect information about your health and medical history so that we have as much relevant information as possible to provide you with suitable and safe exercise program and/or nutrition advice, based on the information you provide to us. If you agree to any of the following statements we will be unable to accept your application as a Client and we strongly recommend that you seek medical advice before undertaking any nutrition coaching program, exercise program and/or strenuous physical activity. By signing up for any of our services, you agree that your physician has stated you are able to undertake a nutrition coaching program and/or exercise program if you have any of the following issues:
4.1.1 a doctor or medical professional has ever diagnosed you with a heart condition;
4.1.2 you have high blood pressure and/or a heart condition in which a Doctor or Medical Professional is currently prescribing medication;
4.1.3 you have raised cholesterol levels;
4.1.4 you have diabetes type 1 or 2;
4.1.5 you suffer from gastrointestinal problems;
4.1.6 a doctor or medical professional has ever diagnosed you with food allergies or intolerances;
4.1.7 you experience joint problems;
4.1.8 when performing physical activity you frequently feel pain in your heart and/or chest;
4.1.9 when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month;
4.1.10 you ever faint or get dizzy and lose your balance;
4.1.12 you currently smoke or have quit smoking in the past six months;
4.1.12 you are pregnant or think you may be pregnant;
4.1.13 you know of any other good reason you should not change your current dietary habits, exercise, or increase your physical activity even if you wanted to.
By signing up for a service you also accept full responsibility for any loss or damage as a result of the above issues, or anything else. The advice we give is for informational purposes only and is not to replace the advice of your doctor.
4.2 We may ask you to provide us with an update to the health and medical history information that you provide to us when submitting your application for services. If we are concerned with any of the responses we receive to any updates of this information, we reserve the right to terminate service in accordance with Clause 6.5.
5 Services
5.1 Veronica Tomasiello can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application as a Client and the prices mentioned are by way of example only. We may make offers for Trial or Discount Services to new users at any time. No refunds shall be given for any unused remaining period of your service and it is at our discretion to whether or not your account can be put on pause. On signing up for our services you are confirming you will not copy, replicate or share any of the documents you receive from us. Veronica Tomasiello is entitled to six weeks holiday each year, will provide guidance for any time away, but is not expected to perform usual service. Any refusal to comply with what stated will leave you liable to be taken to court. By submitting an application, you affirm that you have read, have been honest with Veronica Tomasiello and also fully understand the information outlined.
5.2 Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness, competition, muscle building and/or fat burning results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.
6 Payment Terms
6.1 Failure by the Client to use any of the services available for a Client through its subscription to Veronica Tomasiello does not relieve the Client of their payment obligations under these Terms.
6.2 Potential customers can pay by Credit Card or Debit Card. Clients will be invoiced for payment of individual services, which can be made via PayPal, bank transfer, TransferWise. The potential registrant / Client further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal can collect the payment for Fees from the Client’s Credit Card or Debit Card provided for payment through PayPal, for PayPal to forward payment of the Fees to us directly.
The potential registrant and/or Client shall NOT send credit card details to Veronica Tomasiello directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal directly via the Website. Veronica Tomasiello cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
6.3 Potential registrants and/or Clients should be aware that further terms and conditions required by PayPal or TransferWise may apply, and can be found respectively at www.paypal.co.uk and www.transferwise.com.
6.4 Veronica Tomasiello reserves the right to immediately terminate a Client’s contract, account and/or service for any unpaid (in whole or part) period of subscription (with or without notice). Termination of service in no way relieves or excuses the Client from any obligation to pay outstanding charges or expenses. In the event Veronica Tomasiello starts collection processes of any type, the Client shall be liable for all collection costs, including reasonable legal fees and expenses.
6.5 Veronica Tomasiello reserves the right to terminate a Client’s contract, account and/or service for any reason, on serving notice to the Client at any time by email to the Client.
6.6 Veronica Tomasiello reserves the right to terminate a Client’s contract, account and/or service immediately if a Client has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Veronica Tomasiello in its entire discretion. The Client shall not be entitled to any refund of Fees if Veronica Tomasiello terminates the Client’s service in accordance with this Clause 6.6.
6.8 The Fees chargeable to paid-for subscription Clients may exclude any applicable value added tax (VAT), or any other applicable tax or levy, that Veronica Tomasiello may charge in addition to the Fees.
7 Our content
7.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website and the coaching package are owned by Veronica Tomasiello or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Veronica Tomasiello with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
8 Your content
8.1 You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Veronica Tomasiello is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Veronica Tomasiello does not verify the accuracy or truth of any comments and/or information placed by Clients on the Website and Veronica Tomasiello shall not be liable for inaccuracies or untruths placed by Clients on the Website.
8.2 You own any copyright in the text you post to our Blog within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.
8.3 By registering for a service with Veronica Tomasiello you give permission for Veronica Tomasiello to publish and reproduce your photographs in future articles. If you have any contention about anonymity, you may contact Veronica Tomasiello and request that you are given a pseudonym or your identity is protected in the photos.
9 Blog
9.1 We encourage the sharing of information of our Clients in our Blog on the Website. However, we do require you to use our Blog in a lawful manner and in accordance with these Terms. You may not use the Blog for any illegal purpose and in particular, if you want to submit material to the Blog you must do so under the following terms and conditions. You must not:
9.1.1 post libellous or defamatory comments;
9.1.2 post anything relating to any ongoing or pending trial;
9.1.3 post content which you have copied from someone else (i.e. you do not own the copyright);
9.1.4 use profane language;
9.1.5 post or transmit any files containing viruses or other harmful computer code;
9.1.6 post a personal insult about another user/Client or contravene the privacy of any other person on the Website;
9.1.7 post xenophobic, homophobic or racist remarks;
9.1.8 post pornography, links to pornography or links to any other inappropriate sites;
9.1.9 advertise or solicit in any manner, or use the Blog and/or the Website for any commercial or professional purpose;
9.1.10 post the same note more than once or ‘spam’;
9.1.11 impersonate another person;
9.1.12 after receiving a warning, disrupt the flow of dialogue, or post or transmit comments not related to the topic being discussed.
9.2 Please be aware the posting of information on the Blog is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open Blog and sometimes messages are posted that could be misleading. You should therefore not rely on information within the Blog being accurate or complete. If you do, you do so at your own risk.
9.3 We reserve the right to monitor the use of the Blog. We heavily rely on you to inform us if you spot any abuse or inappropriate behaviour. If this is the case we will review specific postings and have the right to remove comments and/or postings which are in contravention with the terms of use of the Blog and/or the Website, in accordance with these Terms and the Disclaimer/Privacy Policy.
9.4 We encourage you to contact us if you ever feel a comment violates our rules. Please use the Report link in the Community Forum section or by contacting us via our contact form selecting ‘Community Forum support’ from the drop down category list.
9.5 If you feel you have been threatened, damaged or abused in our Blog or if you believe any infringement of your rights may have occurred through this Website, please contact us via email to the editor Veronica Tomasiello.
10 Liability
10.1. Please see our separate document which details our Disclaimer in relation to the Website. This applies for all services we offer, and the advice given is for informational purposes only.
10.2 Veronica Tomasiello shall operate the Website and provide the services set out on the Website with reasonable skill and care.
10.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Client may suffer in connection with the Website and/or services of Veronica Tomasiello.
10.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
10.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
10.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Client’s contract.
10.7 By agreeing to these Terms, Clients agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Client’s usage of the Website or actions in relation to the Website.
11 General
11.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
11.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
11.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Client for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Client acknowledges that, in entering into the contract with Veronica Tomasiello on these Terms, that it has not relied upon any representation, undertaking or promise by Veronica Tomasiello or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Client shall have no remedy in respect of any untrue statement made by Veronica Tomasiello, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Client’s only remedy shall be for breach of contract as provided in these Terms.
11.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
11.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.
The Blog: Terms of Use
PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS BLOG. USING THIS BLOG INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS BLOG.
Introduction.
This agreement (‘Agreement’) between You and Veronica Tomasiello (‘the Author’) consists of fittotransformtraining.com (‘the Blog’) and Terms of Use (“Terms”). “You”, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement. Privacy. When You leave a comment, the Author is automatically notified and receives IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Author for other purposes than to moderate comments. This information is not being sold or used for other purposes. The Author can be contacted directly to arrange for complete removal of this information if any concerns arise regarding it. This will result in the removal of any contribution/content by the Commenter, including comments. This Blog is hosted in the United Kingdom. Laws regarding personal information and privacy may differ in Your location.
Blog content.
All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors or partners, nor do they represent the view of any organization, businesses or institution the Author may be a part of. The Author is not a medical professional, and you should never substitute information from this Blog for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Author. Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Blog.
Copyright policy.
All the text, images and other content being part of this Blog is property of the Authors, unless stated otherwise. All logos and trademarks are property of their respective owners. It is forbidden for You to reproduce, sell, and modify any part of this Blog. You may link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Authors are doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name(s), the name of the page you are linking, and a permanent link (”Permalink“) to that page.
Comment policy.
The Author is not responsible for the content of any comments made by the Commenter(s). The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Author will not delete critical comments, or comments portraying a different opinion from the Author’s own. However, the Author reserves the right to edit, delete, or not publish comments, particularly those deemed to be potentially illegal or offensive (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (“SPAM”) will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
Forbidden actions.
You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Authors of this Blog. Changes to the Terms. The Author reserves the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to ensure your agreement with any new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.
No Guarantee.
The Author makes no guarantee regarding the validity of the content of the Blog. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Authors or Your servers are located. Although the Authors will attempt to moderate comments quickly, the Authors make no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments are published to the discretion of the Authors.
No Warranty or Condition; Links.
The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.
Limitations of Liability.
IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHORS’ LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).
Obligation to Indemnify.
You agree to indemnify, defend and hold the Author, their agents, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.
Applicable Laws; Venue.
The Author operates the Blog from the United Kingdom and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of United Kingdom. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the United Kingdom. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of Belgium for purposes of such actions.
Legal notices and Contact information.
If You are intending to carry out legal action of any kind against the Blog or the Author, you are required to contact the Author SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author intends to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Author will do whatever possible to address Your concerns. The content on this application is presented for informational purposes only. Never disregard professional medical advice from your physician or health care provider or delay in seeking it because of something you have read on this blog. This blog offers health information for general educational and informational purposes only. It is not the intention of this application to provide specific medical recommendation or professional advice. You should always consult with your physician or health care provider before trying any recommendation, new treatment, diet or fitness program. You should not use this information to diagnose or treat a health problem or disease. You should never disregard professional medical advice or delay in seeking it because of something you have read on this blog. This blog provides the information content on an ‘as is’ and ‘as available’ basis. No warranty is expressed or implied that this blog is a comprehensive source of information on any topic of health or otherwise. In no event shall the creator of this blog be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this blog, or any errors or omissions in the information on this blog. The creator of this blog reserves the right at any time and from time to time to add, change, modify, update, or discontinue, temporarily or permanently, this blog (or any part thereof) with or without notice. The creators of this blog shall not be liable to You or to any third party for any addition, modification, suspension or discontinuance of this blog.
Privacy Statement
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service in a way that requires us to involve the relevant law enforcement agency.
SECTION 4 – THIRD-PARTY SERVICES
We can use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information. One example of a third party service provider we use to help deliver our Services is Weebly. We use Weebly to provide us with an online e-commerce platform. To learn more about how Weebly uses and processes your data, please visit Weebly’s privacy policy. By using the Service, you consent to Weebly’s collection, disclosure, storage and use of your Personal Information in accordance with Weebly’s privacy policy at https://www.weebly.com/privacy.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics: Our store uses Google Analytics to help us learn about store visits and the pages being viewed.
SECTION 5 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
You can choose if you want to opt-out of cookies or not.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]
COPYRIGHT NOTICE
Copyright © 2018 Veronica Tomasiello
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Fit to Transform and its licensors.
Copyright license
Veronica Tomasiello grants to you a worldwide non-exclusive royalty-free revocable license to:
Veronica Tomasiello does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Veronica Tomasiello’s prior written permission.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by email via the contact form.
Enforcement of copyright
Veronica Tomasiello takes the protection of its copyright very seriously.
If Veronica Tomasiello discovers that you have used its copyright materials in contravention of the license above, Veronica Tomasiello may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of Veronica Tomasiello’s copyright materials that contravene or may contravene the license above, please report this to us. If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email via the contact form.
1.1 Thank you for visiting www.fittotransformtraining.com (“the Website”). The Website is operated and owned by Veronica Tomasiello, known as Nikias (“we”, “us”, or “our”).
By reading information on Veronica Tomasiello via the Website, you agree to follow the instructions provided on the Website and agree to the following Terms and Conditions. Once your application for a service from Veronica Tomasiello has been accepted by Veronica Tomasiello in accordance with these Terms and Conditions, you shall become a client of Veronica Tomasiello (“you”, “your”, or “Client”).
1.2. PLEASE MAKE SURE YOU READ THESE TERMS AND CONDITIONS (“Terms”) in conjunction with the Disclaimer and the Privacy Policy on the Website, as both the Disclaimer and the Privacy Policy are incorporated in to these Terms and it is important that you read and understand the Disclaimer and Privacy Policy in addition to these Terms as you will be bound by these in your arrangements with us. By entering this website or purchasing or using our blog, e-mails, programs, services, and/or products, or registering to become a Client with us and using the Website, you are agreeing to be bound by these Terms, as well as the terms of the Disclaimer and the Privacy Policy and warrant that you have the right, authority and capacity to enter into and be bound by these Terms. If you do not wish to be bound by these Terms and any other documents referred in these Terms, then please do not submit an application to register for a service and do not use our website, blog, e-mails, programs, services, or products.
1.3 We may change our Terms from time to time and may do so without notice. We will let you know what these changes are by updating them to this page, but it is your responsibility to check for updates. Changes will become effective as soon as they are posted on this page, therefore if you continue to use the Website after the posting of these changes to the Terms, it means that you accept such changes.
1.4 You must be at least 18 years old to use the information on this Website and to apply for any services with Veronica Tomasiello. Veronica Tomasiello reserves the right to deny services to anyone and to refuse any applications for services, in its own discretion, and no-one shall become a Client of Veronica Tomasiello until they receive a confirmation email from Veronica Tomasiello confirming that their application has been accepted. Once an applicant has been contacted by Veronica Tomasiello confirming that their application for services has been accepted, then that applicant shall become a ‘Client’ of Veronica Tomasiello and subject to the provisions of these Terms.
1.5 Any information given freely on the website or any programs advised via any of our services are for information purposes only, and are written with drug free athletes in mind. We do not condone the use of any performance enhancing drugs and using these is at your own risk.
2 Privacy Policy
2.1. We take your privacy very seriously and agree to only use your Personal Information in accordance with our Privacy Policy set out on this Website. Please read our Privacy Policy to see how we use your Personal Information.
3 Links
3.1 Our Website may include links to, or details of information provided from other resources or internet sites. You take full responsibility for the use of any other sites and for using (or making the decision to use) any information obtained from such sites, purchase any of the products or services mentioned on another internet site and we shall not be liable in relation to any information provided on sites linked through from the Website. Remember your contract for any such other products and services will be with the provider of that internet site, not with us.
3.2. We are happy for you to link to our Website if you comply with the provisions of this Clause 3, and all applicable laws. Any site, service, company or individual that links to our Website must not:
3.2.1 change, alter or distort any content on the Website;
3.2.2 misrepresent its relationship, or present false information about Veronica Tomasiello and/or any third parties referenced on the Website or information regarding other Clients;
3.2.3 be a site that does not comply with all relevant laws and regulations or a site that contains content which could be considered as distasteful or offensive. If you breach any of the terms in this Clause 3, we have the right to require your link(s) to be removed and to take any appropriate legal action.
4 Health and Medical History Assessment
4.1 Prior to acceptance of your application for a service, we collect information about your health and medical history so that we have as much relevant information as possible to provide you with suitable and safe exercise program and/or nutrition advice, based on the information you provide to us. If you agree to any of the following statements we will be unable to accept your application as a Client and we strongly recommend that you seek medical advice before undertaking any nutrition coaching program, exercise program and/or strenuous physical activity. By signing up for any of our services, you agree that your physician has stated you are able to undertake a nutrition coaching program and/or exercise program if you have any of the following issues:
4.1.1 a doctor or medical professional has ever diagnosed you with a heart condition;
4.1.2 you have high blood pressure and/or a heart condition in which a Doctor or Medical Professional is currently prescribing medication;
4.1.3 you have raised cholesterol levels;
4.1.4 you have diabetes type 1 or 2;
4.1.5 you suffer from gastrointestinal problems;
4.1.6 a doctor or medical professional has ever diagnosed you with food allergies or intolerances;
4.1.7 you experience joint problems;
4.1.8 when performing physical activity you frequently feel pain in your heart and/or chest;
4.1.9 when you are not engaging in physical activity, you have experienced heart and/or chest pain in the past month;
4.1.10 you ever faint or get dizzy and lose your balance;
4.1.12 you currently smoke or have quit smoking in the past six months;
4.1.12 you are pregnant or think you may be pregnant;
4.1.13 you know of any other good reason you should not change your current dietary habits, exercise, or increase your physical activity even if you wanted to.
By signing up for a service you also accept full responsibility for any loss or damage as a result of the above issues, or anything else. The advice we give is for informational purposes only and is not to replace the advice of your doctor.
4.2 We may ask you to provide us with an update to the health and medical history information that you provide to us when submitting your application for services. If we are concerned with any of the responses we receive to any updates of this information, we reserve the right to terminate service in accordance with Clause 6.5.
5 Services
5.1 Veronica Tomasiello can change any paid-for service detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application as a Client and the prices mentioned are by way of example only. We may make offers for Trial or Discount Services to new users at any time. No refunds shall be given for any unused remaining period of your service and it is at our discretion to whether or not your account can be put on pause. On signing up for our services you are confirming you will not copy, replicate or share any of the documents you receive from us. Veronica Tomasiello is entitled to six weeks holiday each year, will provide guidance for any time away, but is not expected to perform usual service. Any refusal to comply with what stated will leave you liable to be taken to court. By submitting an application, you affirm that you have read, have been honest with Veronica Tomasiello and also fully understand the information outlined.
5.2 Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any health-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past fitness, competition, muscle building and/or fat burning results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you maintain the results you experience if you do not continue following the program. We are not responsible for your actions.
6 Payment Terms
6.1 Failure by the Client to use any of the services available for a Client through its subscription to Veronica Tomasiello does not relieve the Client of their payment obligations under these Terms.
6.2 Potential customers can pay by Credit Card or Debit Card. Clients will be invoiced for payment of individual services, which can be made via PayPal, bank transfer, TransferWise. The potential registrant / Client further acknowledges and agrees that by sending their request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorises the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount) so that PayPal can collect the payment for Fees from the Client’s Credit Card or Debit Card provided for payment through PayPal, for PayPal to forward payment of the Fees to us directly.
The potential registrant and/or Client shall NOT send credit card details to Veronica Tomasiello directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal directly via the Website. Veronica Tomasiello cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
6.3 Potential registrants and/or Clients should be aware that further terms and conditions required by PayPal or TransferWise may apply, and can be found respectively at www.paypal.co.uk and www.transferwise.com.
6.4 Veronica Tomasiello reserves the right to immediately terminate a Client’s contract, account and/or service for any unpaid (in whole or part) period of subscription (with or without notice). Termination of service in no way relieves or excuses the Client from any obligation to pay outstanding charges or expenses. In the event Veronica Tomasiello starts collection processes of any type, the Client shall be liable for all collection costs, including reasonable legal fees and expenses.
6.5 Veronica Tomasiello reserves the right to terminate a Client’s contract, account and/or service for any reason, on serving notice to the Client at any time by email to the Client.
6.6 Veronica Tomasiello reserves the right to terminate a Client’s contract, account and/or service immediately if a Client has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Veronica Tomasiello in its entire discretion. The Client shall not be entitled to any refund of Fees if Veronica Tomasiello terminates the Client’s service in accordance with this Clause 6.6.
6.8 The Fees chargeable to paid-for subscription Clients may exclude any applicable value added tax (VAT), or any other applicable tax or levy, that Veronica Tomasiello may charge in addition to the Fees.
7 Our content
7.1 The copyright, trade marks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website and the coaching package are owned by Veronica Tomasiello or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Veronica Tomasiello with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
8 Your content
8.1 You acknowledge that any comments and/or information placed by you on the Website is entirely at your own risk and that Veronica Tomasiello is not responsible for any comments made or actions taken by others from the posting of your comments and/or information. Veronica Tomasiello does not verify the accuracy or truth of any comments and/or information placed by Clients on the Website and Veronica Tomasiello shall not be liable for inaccuracies or untruths placed by Clients on the Website.
8.2 You own any copyright in the text you post to our Blog within the Website. However, when you post any text, you expressly grant us a perpetual, unlimited, irrevocable free licence to republish that text on the Website, or as part of an edited compilation anywhere in the world.
8.3 By registering for a service with Veronica Tomasiello you give permission for Veronica Tomasiello to publish and reproduce your photographs in future articles. If you have any contention about anonymity, you may contact Veronica Tomasiello and request that you are given a pseudonym or your identity is protected in the photos.
9 Blog
9.1 We encourage the sharing of information of our Clients in our Blog on the Website. However, we do require you to use our Blog in a lawful manner and in accordance with these Terms. You may not use the Blog for any illegal purpose and in particular, if you want to submit material to the Blog you must do so under the following terms and conditions. You must not:
9.1.1 post libellous or defamatory comments;
9.1.2 post anything relating to any ongoing or pending trial;
9.1.3 post content which you have copied from someone else (i.e. you do not own the copyright);
9.1.4 use profane language;
9.1.5 post or transmit any files containing viruses or other harmful computer code;
9.1.6 post a personal insult about another user/Client or contravene the privacy of any other person on the Website;
9.1.7 post xenophobic, homophobic or racist remarks;
9.1.8 post pornography, links to pornography or links to any other inappropriate sites;
9.1.9 advertise or solicit in any manner, or use the Blog and/or the Website for any commercial or professional purpose;
9.1.10 post the same note more than once or ‘spam’;
9.1.11 impersonate another person;
9.1.12 after receiving a warning, disrupt the flow of dialogue, or post or transmit comments not related to the topic being discussed.
9.2 Please be aware the posting of information on the Blog is the opinion of the person posting them only and in no way reflects our opinions or attitudes. We operate an open Blog and sometimes messages are posted that could be misleading. You should therefore not rely on information within the Blog being accurate or complete. If you do, you do so at your own risk.
9.3 We reserve the right to monitor the use of the Blog. We heavily rely on you to inform us if you spot any abuse or inappropriate behaviour. If this is the case we will review specific postings and have the right to remove comments and/or postings which are in contravention with the terms of use of the Blog and/or the Website, in accordance with these Terms and the Disclaimer/Privacy Policy.
9.4 We encourage you to contact us if you ever feel a comment violates our rules. Please use the Report link in the Community Forum section or by contacting us via our contact form selecting ‘Community Forum support’ from the drop down category list.
9.5 If you feel you have been threatened, damaged or abused in our Blog or if you believe any infringement of your rights may have occurred through this Website, please contact us via email to the editor Veronica Tomasiello.
10 Liability
10.1. Please see our separate document which details our Disclaimer in relation to the Website. This applies for all services we offer, and the advice given is for informational purposes only.
10.2 Veronica Tomasiello shall operate the Website and provide the services set out on the Website with reasonable skill and care.
10.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Client may suffer in connection with the Website and/or services of Veronica Tomasiello.
10.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
10.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
10.6 Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Client’s contract.
10.7 By agreeing to these Terms, Clients agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Client’s usage of the Website or actions in relation to the Website.
11 General
11.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
11.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
11.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Client for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Client acknowledges that, in entering into the contract with Veronica Tomasiello on these Terms, that it has not relied upon any representation, undertaking or promise by Veronica Tomasiello or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Client shall have no remedy in respect of any untrue statement made by Veronica Tomasiello, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Client’s only remedy shall be for breach of contract as provided in these Terms.
11.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
11.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.
The Blog: Terms of Use
PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS BLOG. USING THIS BLOG INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS BLOG.
Introduction.
This agreement (‘Agreement’) between You and Veronica Tomasiello (‘the Author’) consists of fittotransformtraining.com (‘the Blog’) and Terms of Use (“Terms”). “You”, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement. Privacy. When You leave a comment, the Author is automatically notified and receives IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Author for other purposes than to moderate comments. This information is not being sold or used for other purposes. The Author can be contacted directly to arrange for complete removal of this information if any concerns arise regarding it. This will result in the removal of any contribution/content by the Commenter, including comments. This Blog is hosted in the United Kingdom. Laws regarding personal information and privacy may differ in Your location.
Blog content.
All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Author, and the Author alone; they do not represent the views and opinions of the Author’s employers, supervisors or partners, nor do they represent the view of any organization, businesses or institution the Author may be a part of. The Author is not a medical professional, and you should never substitute information from this Blog for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Author. Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Blog.
Copyright policy.
All the text, images and other content being part of this Blog is property of the Authors, unless stated otherwise. All logos and trademarks are property of their respective owners. It is forbidden for You to reproduce, sell, and modify any part of this Blog. You may link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Authors are doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name(s), the name of the page you are linking, and a permanent link (”Permalink“) to that page.
Comment policy.
The Author is not responsible for the content of any comments made by the Commenter(s). The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Author will not delete critical comments, or comments portraying a different opinion from the Author’s own. However, the Author reserves the right to edit, delete, or not publish comments, particularly those deemed to be potentially illegal or offensive (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (“SPAM”) will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
Forbidden actions.
You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Authors of this Blog. Changes to the Terms. The Author reserves the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to ensure your agreement with any new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.
No Guarantee.
The Author makes no guarantee regarding the validity of the content of the Blog. In addition, the Author does not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Authors or Your servers are located. Although the Authors will attempt to moderate comments quickly, the Authors make no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments are published to the discretion of the Authors.
No Warranty or Condition; Links.
The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.
Limitations of Liability.
IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHORS’ LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).
Obligation to Indemnify.
You agree to indemnify, defend and hold the Author, their agents, and applicable third parties (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement.
Applicable Laws; Venue.
The Author operates the Blog from the United Kingdom and makes no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of United Kingdom. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the United Kingdom. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of Belgium for purposes of such actions.
Legal notices and Contact information.
If You are intending to carry out legal action of any kind against the Blog or the Author, you are required to contact the Author SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author intends to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Author will do whatever possible to address Your concerns. The content on this application is presented for informational purposes only. Never disregard professional medical advice from your physician or health care provider or delay in seeking it because of something you have read on this blog. This blog offers health information for general educational and informational purposes only. It is not the intention of this application to provide specific medical recommendation or professional advice. You should always consult with your physician or health care provider before trying any recommendation, new treatment, diet or fitness program. You should not use this information to diagnose or treat a health problem or disease. You should never disregard professional medical advice or delay in seeking it because of something you have read on this blog. This blog provides the information content on an ‘as is’ and ‘as available’ basis. No warranty is expressed or implied that this blog is a comprehensive source of information on any topic of health or otherwise. In no event shall the creator of this blog be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of your access, use or inability to use this blog, or any errors or omissions in the information on this blog. The creator of this blog reserves the right at any time and from time to time to add, change, modify, update, or discontinue, temporarily or permanently, this blog (or any part thereof) with or without notice. The creators of this blog shall not be liable to You or to any third party for any addition, modification, suspension or discontinuance of this blog.
Privacy Statement
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected]
SECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service in a way that requires us to involve the relevant law enforcement agency.
SECTION 4 – THIRD-PARTY SERVICES
We can use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information. One example of a third party service provider we use to help deliver our Services is Weebly. We use Weebly to provide us with an online e-commerce platform. To learn more about how Weebly uses and processes your data, please visit Weebly’s privacy policy. By using the Service, you consent to Weebly’s collection, disclosure, storage and use of your Personal Information in accordance with Weebly’s privacy policy at https://www.weebly.com/privacy.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Google analytics: Our store uses Google Analytics to help us learn about store visits and the pages being viewed.
SECTION 5 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – COOKIES
You can choose if you want to opt-out of cookies or not.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]
COPYRIGHT NOTICE
Copyright © 2018 Veronica Tomasiello
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
Ownership of copyright
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Copyright license
Veronica Tomasiello grants to you a worldwide non-exclusive royalty-free revocable license to:
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Veronica Tomasiello does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Veronica Tomasiello’s prior written permission.
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Permissions
You may request permission to use the copyright materials on this website by email via the contact form.
Enforcement of copyright
Veronica Tomasiello takes the protection of its copyright very seriously.
If Veronica Tomasiello discovers that you have used its copyright materials in contravention of the license above, Veronica Tomasiello may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of Veronica Tomasiello’s copyright materials that contravene or may contravene the license above, please report this to us. If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email via the contact form.