1. Definitions and Interpretation

1.1 The Definitions used in the User Terms shall apply to these Terms.

2. Nature of the Agreement

1. 2.1 Only WithMe Users can apply to subscribe for or purchase the Digital Services. All Users will also continue to be bound by the User Terms which apply to regulate their relationship with WithMe.
2. 2.2 Each member will be acting as a consumer and each Creator will be acting as a business.
3. 2.3 These Membership Terms shall apply when a User of the Platform who wishes to subscribe for or purchase Digital Services provided by a Creator through the Platform. The Terms will govern the relationship between a User (‘you’) and the Creator to whose Channel you wish to subscribe.
4. 2.4 The Platform enables you to access digital content and provides facilities for you to communicate with Creators and other Users. There are additional functions which will be available to all Users but some other facilities are available to members only.
5. 2.5 Only persons who are of 16 years of age are allowed to subscribe for or purchase Digital Services. The Platform and the Digital Services are intended to be used only for personal use by natural persons.
6. 2.6 Memberships are not transferrable and are not available to business Users.
7. 2.7 The Creator is the data controller for any Personal Data provided by members to the Channel. WithMe, as owners of the Platform, are the Creator’s data processors.

3. The Agreement

1. 3.1 You are a consumer subscribing for or purchasing Digital Services. Those services are described by the law as being ‘digital content’ for the purposes of the legislation covering consumers’ rights to cancel.
2. 3.2 The membership and purchase options and prices are clearly laid out on the Creator's Channel and the wider Platform. You should choose the membership or purchase option(s) that you wish in order to subscribe for the Digital Services.
3. 3.3 In order to subscribe or purchase you must first accept these Member Terms by clicking the subscribe or purchase button for the Creator you wish to subscribe to or purchase content for. In order to make your first membership or purchase payment you should then complete the payment process on the Stripe platform.
4. 3.4 On payment of a membership you will have subscribed to the relevant Channel for a period of one calendar month or year. You may access the digital content straightaway but you should be aware of the terms (below) concerning consumer rights to cancel the membership agreement. On purchase of specific 'digital content' you will be able to access the digital content for the outlined time period. If the time is not outlined then there is not time limit.

4. Consumer Rights Including Cancellation

4.1 General

1. (1) Each Creator promises to you that the digital content that they provide will be of satisfactory quality, it will be fit for its purpose and as described. No other warranties or promises are made, not must they be implied. If your digital content does not meet these criteria, you have the right to have your digital product repaired or replaced.
2. (2) Please be aware that where the Digital Services contain lifestyle or dietary advice, then no particular outcome is promised nor may any particular outcome be achievable.
3. (3) All dietary and well being (including fitness) advice is generic only. You should always follow the advice of your medical practitioner or qualified dietitian concerning what is safe for you in your own particular circumstances.

4.2 Rights to Cancel

1. (1) If you want to download any digital content, such as to stream a fitness session or download a video concerning diet for example, the Creator will not have to allow you access to any digital content at all until 14 days after you have paid the membership. The reason for this is that the law requires you, as a consumer, to be given a period of 14 days in which to change your mind and cancel the membership.
2. (2) By accessing the digital content then you you will be notifying the Creator that you wish to access the digital content immediately and that you waive your right to cancel the membership or purchase.
3. (3) If you have made a membership payment but have not waived your cancellation right (i.e., have not accessed any of the content), you may cancel the membership at any time either:
   1. (a) until you waive your cancellation right (i.e., view some of the creators content); or
   2. (b) the 14 day cancellation period has expired.
4. (5) To cancel your membership please contact WithMe who are acting on the Creator’s behalf through the help popup who will confirm your cancellation in writing to you. You will then be refunded any payments you have made within 30 days of the cancellation.

4.3 Faulty / Defective digital content

1. (1) For any faulty digital content, please use the help popup facility available through the Platform and report the problem. The Creator shall then try to put right the fault in the particular digital content before you can claim a refund.
2. (2) It is very likely to be the case that any faulty digital content will only be a small part of the Digital Services available from the Creator. Therefore the refund may be in proportion to the totality of Digital Services for which you have subscribed, unless all of the services from that Creator have failed and the failure is not merely temporary.

5. Payment

1. 5.1 From time to time Creators may off special incentives, reduced price membership or purchases, free trial periods or other offers (“Special Offers”) which may be of interest. At the conclusion of those Special Offer periods, access to the Creator’s Channel will be by membership only. Each Creator reserves the right to provide Special Offers either to Users or members. At the sole discretion of the Creator, Special Offers may be limited to a specific group of Users or members.
2. 5.2 All memberships are payable monthly or yearly in advance, unless otherwise stated. All Payments will be made using the Stripe payment platform.
3. 5.3 You may cancel your membership by stopping payment. The agreement will end at the end of the calendar month for which you have last paid. From that time you will no longer be able to access the Channel. Access can be enabled again when payment is made and the membership will restart on that payment date.
4. 5.4 Every membership agreement is a rolling monthly or yearly contract, renewed each month or year on payment of the membership sum. Please note that there will be no refunds if you wish to cancel part way through a month or year for which the membership has been paid in advance as the sums involved are so small.

6. Creator’s Liability to You

1. 6.1 If the Creator fails to comply with these membership Terms, then that Creator will be responsible for any loss or damage you suffer as a foreseeable result of the breach of these Terms, subject to the limitation that the amount of damages payable for any breach, in aggregate, shall not exceed the aggregate amount of memberships already paid by you to subscribe to that Creator.
2. 6.2 The digital content to which you will have access as a User and / or as a member are provided for your private and domestic. You may not use it for any commercial, business or re-sale purpose.
3. 6.3 The Creator does not exclude or limit in any way liability for:
   1. death or personal injury caused by the Creator’s negligence or the negligence of any employee, agent or subcontractor;
   2. fraud or fraudulent misrepresentation;
   3. any contractual terms fixed by the law.

7. Events of Force Majeure

1. 7.1 The Creator will not be liable to you for any breach of this membership agreement which is caused by an Event of Force Majeure.
2. 7.2 An Event of Force Majeure means any act or event beyond the reasonable control of the Creator including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
3. 7.3 If an Event of Force Majeure takes place that affects the performance of any obligations under this membership agreement:
   1. you will be contacted as soon as reasonably possible to notify you of the Event; and
   2. the membership will be suspended and the time for performance will be extended for the duration of the Event.
4. 7.4 You may cancel the membership if an Event of Force Majeure takes place and you no longer wish to continue with the membership. If the Event continues for longer than 30 day(s) we may cancel the membership.

8. Confidentiality

1. 8.1 The relationship between you and the Creator is confidential. However by choosing certain of the interactive facilities which are available through the Platform you may publish images or audio visual representations of yourself. In such cases there will be a WARNING clearly displayed before you use that facility advising you of the likelihood that information identifying you may become publicly available, or available to other members or Users.
2. 8.2 Each Creator agrees that confidential information provided by you under the membership agreement shall be kept confidential except:
   1. where you have chosen to make the information public by posting it, or using a facility on the Platform which makes such information available to other Users;
   2. you participate in any online audio visual session where you will be visible to other attendees of such a session whether such session is recorded (for later viewing) or streamed live;
   3. where you have used any communication facility through the Platform which is accessible by others.
3. 8.3 The Creator undertakes to procure that its employees, directors, agents and advisers and any other persons to whom it makes available confidential information shall also keep confidential the information the subject of this clause.

9. Digital Content

1. 9.1 You must ensure that all digital content that you create and / or post to the Platform (“your digital content”) shall:
   1. comply with all applicable laws and any other applicable laws, regulations, regulatory policies, guidelines or codes in each case from time to time in force, including all such guidelines and codes issued by statutory, regulatory and industry bodies;
   2. not infringe the Intellectual Property rights or proprietary rights of any third party; and
   3. not be obscene or otherwise offensive.
2. 9.2 If you become aware that there is risk that any of your digital content is not in compliance with clause 9.1, you must promptly notify the Creator, who, without prejudice to any other right or remedy that they may have, can make any modifications which may be necessary to remedy any issue of non- compliance. Such modifications shall be at the Creator’s cost unless the issue was due to any negligent act or omission on your part.
3. 9.3 You will indemnify the Creator in respect of any losses, damage or liability that the Creator may incur as a result of your publication on any Channel or on the Site of any digital content which content is in breach of the Rules, or which is in breach of the rights of any third party.

10. Ownership and Licensing of Intellectual Property

1. 10.1 It is the intention of the parties to this membership agreement that nothing in these membership Terms shall operate to transfer ownership of any digital content.
2. 10.2 Your digital content shall, at all times be and remain, as between you and the Creator, your exclusive property. The Creator shall not dispose of, or use, any of your digital content other than in accordance with the provisions of these Member Terms and/or your written instructions.
3. 10.3 By these Member Terms, you now grant to the Creator and to WithMe a worldwide, royalty free, non-exclusive perpetual licence (for the duration of the applicable copyright) to exercise the following rights in your digital content:
   1. to reproduce the digital content, to incorporate it into one or more collective works and to reproduce it as part of a collective work;
   2. to make derivative works from the digital content and to reproduce such works;
   3. to distribute copies of, display publicly, publish by means of digital audio and / or visual transmission to include was part of a collective work;
   4. to distribute copies of, display publicly, publish by means of digital audio and / or visual transmission to include was part of a derivative work.
4. 10.4 Notwithstanding the foregoing, neither of the Creator nor WithMe shall be entitled to reproduce any of your digital content other than through the Platform.

11. Infringements

You must notify the Creator promptly on becoming aware of:

1. any unauthorised use by any third party of any of your login or account details; or
2. any actual or threatened claim by any third party in connection with your digital content in each case giving full details of that unauthorised use and / or claim.

12. Data Protection

If, in the course of providing the Digital Services the Creator processes any Personal Data relating to you or any living human whose details are processed by reason of your membership, the Creator shall:

1. only process that Data in accordance with the Data Protection Act 2018;
2. not otherwise modify, amend or alter the contents of the Personal Data or disclose or permit the disclosure of any of the Personal Data to any third party unless specifically authorised by you;
3. take appropriate technical and organisational measures against unauthorised or unlawful processing of the Personal Data and against accidental loss or destruction of, or damage to, the Personal Data; and
4. provide reasonable evidence of compliance with these obligations on reasonable notice and on request.