Terms of Use

These Terms of Use (“Terms”) were last updated on May 15, 2018.

This Website www.body-soul-wellness.com is owned and operated by Digico Information Products (“Digico”) doing business as Body Soul Wellness.

These Terms apply to all your activities on this website or through other services provided or managed by us, including content in Facebook Pages and Facebook Groups managed by us (“Website”).

We also provide details regarding our processing of personal data of our Customers and Course Owners in our Privacy Policy.

1 Accounts

You need an account for most activities on our Website, including to purchase and enroll in a course.

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.

You may not transfer your account to someone else or use someone else’s account without their permission.

You must be at least 18 years of age to create an account and use our Website.

You can terminate your account at any time by contacting us here.

2 Course Enrollment

The courses on this Website are licensed by the Course Creator to Digico. The Course Creator has granted Digico a license to offer a license to the course to our customers. This means that we have the right to sublicense the course to the customers who enroll in the course. As a customer, when you enroll in a course, whether it’s a free or paid course, you are getting from Digico a license to view the course via the Digico Website, and Digico is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, Digico grants you (as a Customer) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Website, in accordance with these Terms and any conditions or restrictions associated with a particular course. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Digico authorized representative.

We generally give a 12-month (or specified other duration), access license to our Customers when they enroll in a course. We may also provide subscriptions to other services or products on a month to month basis.

However, we reserve the right to revoke any license to access and use courses or subscription services at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course or service you enrolled in is the object of a copyright complaint.

The 12-month (or specified other duration), access is not applicable to add-on features and services associated with a course, for example a Course Owner may decide at any time to no longer provide support or Q&A services in association with a course. To be clear, the 12-month (or specified other duration) access is to the course content but not to the Course Owner.

Course Owners may not grant licenses to their courses to Customers directly and any such direct license shall be null and void and a violation of these Terms.

3 Payments, Credits, and Refunds

3.1 Pricing

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.

If you are a Customer located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for courses or service that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as PayPal) for those fees. Digico works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails, we reserve the right to disable access to any course or service for which we have not received adequate payments.

3.3 Refund Policy

If the course you purchased is not what you were expecting, you can request, within 14 days that Digico refund your payment.

That means 14 days from the day that you made the one-time payment, or the first payment of a split payment.

No refund is due to you if you request it after the 14-day guarantee time limit has passed.

Practical exam assessment fess are NOT refundable.

We DO NOT provide refunds for any service or other products paid for on a monthly subscription basis.

To prevent fraud, refunds will be done ONLY to the PayPal account or credit card used for the payment being refunded.

To request a refund, contact use here.

At our discretion, if we believe you are abusing our refund policy, we reserve the right to ban your account and to restrict all future use of any service provided on this Website. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund.

4 Content and Behavior Rules

You may not create an account for unlawful purposes. Your use of our Website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

We may terminate or suspend your permission to use our Website or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities.

Upon any such termination we may delete your account and content, and we may prevent you from further access to the Websites and use of our website.

You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our Website.

If one of our Course Owners has published a course that infringes your copyright or trademark rights, please let us know.

5 Digico’s Rights to Content You Post

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Digico to use and share this content with anyone, distribute it and promote it on any Website and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through this Website, or Facebook page or group managed by us, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Digico for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6 Using Digico at Your Own Risk

We do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses, products or services. If you enroll a course/product/service, you rely on any information provided by a Course Owner at your own risk.

By using our Website, you may be exposed to content that you consider offensive, indecent, or objectionable. Digico has no responsibility to keep such content from you and no liability for your access or enrollment in any course/product/service, to the extent permissible under applicable law.

This also applies to any course/product/service relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of course/product/service, and by enrolling in such course/product/service, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death.

This also applies to any course/product/service relating relationships, mental health, or your state of mind. You acknowledge that no course/product/service should be construed as specific medical, psychological, emotional advice. Nor is anything in the content intended to be a diagnosis, prescription, recommendation, or cure for any specific kind of medical, psychological, financial or life problem.

You assume full responsibility for the choices you make before, during and after your enrollment in a course or for a product or service.

We do not hire or employ Course Owners nor are we responsible or liable for any interactions involved between Course Owners and Customers. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Course Owners or Customers.

When you use our Website, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7 Digico’s Rights

All right, title, and interest in and to the Digico Website, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Website (but excluding content provided by Course Owners and Customers) are and will remain the exclusive property of Digico and its licensors. Our Website is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing gives you a right to use the Digico name or any of the Digico trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Digico or our Website is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Digico Website:

  • access, tamper with, or use non-public areas of the Website, Digico’s computer systems, or the technical delivery systems of Digico’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the Websites related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Digico Website.
  • access or search or attempt to access or search our Website by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our Website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Website.
  • in any way send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Digico); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website, or in any other manner interfering with or creating an undue burden on it.

8 Miscellaneous Legal Terms

8.1 Binding Agreement

You agree that by registering, accessing or using our Website, you are agreeing to enter into this legally binding contract with Digico. If you do not agree to these Terms, do not register, access, or otherwise use our website, or any of our products or services.

These Terms constitute the entire agreement between you and us (which includes by reference our Privacy Policy).

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment), 5 (Digico’s Rights to Content You Post), 6 (Using Digico at Your Own Risk), 7 (Digico’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our Website is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Course Owners is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right.

In legal, more complete language, the Website, and its content are provided on an “as is” and “as available” basis. We (and our Course Owners, affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website or its content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our Course Owners, affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Website. Your use of the Website (including any content) is entirely at your own risk.

We may decide to cease making available certain features of the Website at any time and for any reason. Under no circumstances will Digico or its Course Owners, affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Website caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent in using our Website, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our Website.

In legal, more complete language, to the extent permitted by law, we (and our Course Owners, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our Course Owners, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred pounds (£100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Digico, and their officers, directors, Course Owners, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Website (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Website.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of England. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction of the County Court of Southampton, England.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@digicoproducts.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9 Dispute Resolution

Most disputes can be resolved, so before considering bringing a formal legal case, please first try contacting our Support Team.

9.1 Going to Arbitration

If we can’t resolve our dispute amicably, you and Digico agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

A party electing arbitration must initiate proceedings in London, by filing an arbitration demand in terms of the Arbitration Act 1996 of England.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if Digico changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Digico written notice of such rejection by email from the email address associated with your Account to: support@digicoproducts.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Digico in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

10 Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Digico reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Website. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Website after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11 How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Website.My