Terms of Business
Last updated: August 16, 2017
www.angie-s.com is owned and operated by Retrogarden Ltd, a company incorporated and registered in England and Wales with company number 09140562, whose registered office is at Kemp House, 152 City Road, London EC1V 2NX
Retrogarden Terms of Business
These Terms of Business (the “Terms”), together with any and all other documents referred to herein, set out the terms under which we provide online content to you, accessed via subscriptions, through this website. Please read these Terms carefully and ensure that you understand them before purchasing any subscription via the website. You will be required to accept these Terms when ordering a subscription.
This website is owned and operated by Retrogarden Ltd. (the “Supplier”, "we", "us", "our"), registered number 09140562, whose registered office is at Kemp House, 152 City Road, London EC1V 2NX. Use of our site is subject to our Website Terms and Conditions of Use [T&Cs]. Please ensure that you have read them carefully and that you understand them.
These Terms contain important information about your rights and obligations when using this website and your attention is drawn in particular to clauses 11 and 12. You should print a copy of these terms for future reference.
1.1 Definitions. In these Terms, the following definitions apply:
Charges: the charges payable by the Customer for Subscriptions purchased via our Website in accordance with “Charges and Payment” clause below.
Contract: the agreement / contract between the Supplier and the Customer for the purchase of a subscription to access Premium Content in accordance with these Terms.
Customer: the person or firm who purchases a Subscription from the Supplier.
Expenses: the welcome gift and charitable donation of $25 made in good faith by the Supplier when a new Member subscribes. The welcome gift can include but is not limited to a neti pot, a stainless steel tongue cleaner, a cream container, a plastic strainer and a lip balm tube. We reserve the right to change or remove any of the aforementioned objects at our discretion.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Member: any Customer who has subscribed for access to Premium Content via our web-based membership subscription service.
Order: the Customer's order, be it a one-off payment or a renewable Subscription via our Website.
Premium Content: the digital content sold by the Supplier through the Website and any company social media accounts, being online course content (comprising PDFs, videos, blogs, audio files, transcripts and worksheets, plus email support and live group question and answer calls in relation to such content) intended to help women develop healthier skincare, eating and lifestyle habits, raise awareness and increase health and hygiene.
Subscription: a subscription to Premium Content access via our Website or any sort of service for which the Customer pays the Supplier.
Supplier: has the meaning defined in the paragraph above (preceding this Interpretation section).
Website: the website at http://www.angie-s.com
2. How these Terms apply
2.1 By using the Website and placing an Order you are agreeing to comply with and be bound by these Terms. If You do not agree to comply with and be bound by these Terms you must not use the Website or place an Order.
2.2 Use of the Website includes accessing or browsing the Website.
2.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it.
3.1 You are responsible for making all arrangements necessary for you to have access to the Website.
3.2 You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.
3.3 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout the year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of server or systems failure or other technical issues, or reasons that are beyond our control, or because it requires updating, maintenance or repair. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
3.4 Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
4. Membership and Orders
4.1 We make certain content available free of charge on our social media channels and via certain blogs and newsletters.
4.2 Premium Content on the Website is only available to Members. Members may only purchase Subscriptions and access Premium Content if they are at least 18 years of age or the relevant age of majority in Member’s place of residence. Only once we have sent you an email confirmation of your Subscription will there be a legally binding contract between us and these Terms are part of it. Subscription confirmations will include details of your Subscription, including its duration and pricing.
4.3 Membership Subscriptions are payable by means of a one-off fee which is due immediately upon submission of an Order for the same.
4.4 The Supplier shall supply the Premium Content to the Customer in accordance with the Order in all material respects.
4.5 The Supplier shall use all reasonable endeavours to meet any performance dates (including launch dates on which individual modules of live online courses will be released for Customer use), but any such dates shall be estimates only and time shall not be of the essence for performance or delivery.
4.6 The Supplier warrants to the Customer that it will provide digital content that is of satisfactory quality, fit for purpose, and as described.
4.7 The Supplier incurs Expenses in relation to new Members in the form of a welcome gift and a donation to a charitable organisation nominated by the Supplier on behalf of the Member.
4.7.1 The Supplier makes no warranties in relation to and accepts no liability in regards to the actions of the nominated charitable organisation or how the organisation uses the money.
4.7.2 To the fullest extent possible under the law the Supplier makes no warranties in relation to and accepts no liability as regards the welcome gift given to Members.
5. Charges and Payment
5.1 The Charges shall be as advertised on our Website from time to time and as set out in the Order. If there are any discrepancies between prices published on our Website and prices appearing in an Order, the prices in the Order shall prevail.
5.2 We reserve the right to amend the Premium Content and the Charges at any time. Changes in price will not affect any Order that you have already purchased but will apply to any future Orders. We will inform you of any change in price or change made to Subscriptions within a reasonable period before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described below in these Terms.
5.3 Any and all Charges (including one-off fees and Membership Subscriptions) shall be payable in advance in full and cleared funds upon placement of an Order. Payment shall be made in the manner and/or to the bank account nominated by the Supplier, which shall be via STRIPE and your chosen payment method will be charged when we process your Order.. Time of payment is of the essence.
5.4 Unless otherwise stated, Charges will be inclusive of amounts in respect of value added tax (VAT) or any other applicable tax.
5.5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then the Supplier may suspend the Customer access to the Premium Content and charge the Customer interest on the overdue amount at the rate of 5% per annum above Barclays Bank’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
5.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Supplier may at any time, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer.
6. Intellectual property
6.1 All title to and Intellectual Property Rights in or arising out of or in connection with our Premium Content shall be owned by the Supplier or its licensors (as applicable).
6.2 When you purchase a Subscription to access Premium Content, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Premium Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in our Premium Content (including any material that we may licence from third parties).
6.3 The licence granted to you under Clause 6.2 is subject to the following usage restrictions and/or permissions: you may not (and may not assist or facilitate any third party to) copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Premium Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’). In particular, these exceptions cover the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
6.4 No licence is granted to you to use any of our trademarks or those of our affiliated companies.
6.5 You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a material breach of these Terms.
7. Subscription Cancellation
7.1 Subscriptions operate on an automatic renewal basis. If you wish to end your Subscription, you may do so at any time by contacting us at firstname.lastname@example.org. Your cancellation will be effective as soon as we receive it. We cannot offer any refunds and you will continue to have access to the Premium Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
7.2 You may cancel your Subscription or any one-off fee within 14 days of your Order and your payment will be refunded to you within 14 days. You agree that this cancellation right does not apply to any Subscription to the Premium Content where you have authorised us to download that digital content to you prior to the expiry of such 14 day period.
7.2.1 You acknowledge that, pursuant to Clause 4.7 above, any refund will be returned less the value of the Expenses.
7.3 You may end the Contract at any time if we materially breach these Terms or if We have informed you of a forthcoming change to your Subscription or the Premium Content, or to these Terms that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, we will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Premium Content until that date.
8.1 The Premium Content is intended to provide general guidance on health, skincare, food and lifestyle habits and is provided for general information only. It is not intended to be advice on which you should rely or as a replacement for seeking in-person medical consultation or professionally-recommended diagnoses or treatment where you have a specific ailment requiring professional diagnosis or treatment. The Premium Content is not intended to diagnose, treat, or cure, or to replace proper medical care.
8.2 We make reasonable efforts to ensure that the Premium Content is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this respect, or that it will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
9. Limitation of liability and indemnity
9.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
9.2 We cannot exclude or limit our responsibility to you for:
9.2.1 Death or personal injury resulting from our negligence
9.2.2 Fraud or fraudulent misrepresentation
9.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
9.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015
9.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
9.3 Our Premium Content is intended for non-commercial use only. We make no warranty or representation that the Premium Content is fit for commercial, business or industrial use of any kind. We will not be liable to Customers for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
9.4 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen. We are not responsible for unforeseeable losses.
9.5 Pursuant to clause 4.7.2, we exclude or limit our responsibility to you as to Expenses.
9.6 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the Premium Content.
10. Use of personal data
11. Suspension or Unavailability of Content
If we have suspended availability of the Premium Content for more than 2 weeks, you may end the Contract immediately. If there is a risk that availability of the Premium Content will be significantly delayed because of events outside of our control, you may end the Contract immediately. If you end the Contract for these reasons, we will issue you with a pro-rated refund equal to the remaining time left in your Subscription.
If the Premium Content has already been made available to the Customer for a period of 8 weeks or longer, no such cancellation of the Contract is possible in the event of Suspension or Unavailability of Content.
12.1.1 We reserve the right to change the domain address of this Website and any content, services, products, product prices, product specifications and availability at any time.
12.1.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
12.1.3 These Terms are in English only.
12.1.4 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
12.1.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms.
13. Governing law and jurisdiction
13.1.1 The Website is controlled and operated in the United Kingdom.
13.1.2 These Terms are governed by the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with these Terms.