Terms & Conditions

Introduction

Welcome to diabeticmuscleandfitness.com and diabeticmuscleandfitness.co.uk This website is owned and operated by Diabetes Performance Coaching Ltd.  By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our  Privacy Policy  (please refer to the Privacy Policy section below for more information). This terms of service agreement covers diabeticmuscleandfitness.com and diabeticmuscleandfitness.co.uk.

 

This agreement is in effect as of September 1st, 2016.

 

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

Responsible Use and Conduct

By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any diabeticmuscleandfitness.com employees or representatives.

 

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

 

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Diabetes Performance Coaching Ltd., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

 

  1. You agree to indemnify and hold harmless Diabetes Performance Coaching Ltd.. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

  1. Any information supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Website is not a substitute for or constitute medical advice and it is important that medical decisions not be made without the consultation of a healthcare professional. The receipt of any questions or feedback you submit to the Company does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy.

 

Diabetes Performance Coaching Ltd. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.diabeticmuscleandfitness.com only with permission of a parent or guardian. Plans are not recommended or intended for children or teenagers, and should only be used under the recommendation and supervision of a physician.

 

The information, resources, services, products, plans and tools available on diabeticmuscleandfitness.com supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication including social media IS NOT MEDICAL ADVICE and should not be used in the diagnosis or treatment of diabetes or any other medical condition.

 

You are advised in the strongest possible terms to seek comprehensive advice from an appropriately qualified medical professional before engaging in any of the resources, services, products, plans and tools available on diabeticmuscleandfitness.com supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication including social media. This is particularly important where you have a serious underlying medical condition such as diabetes. Always seek approval and advice from a physician, medical doctor or other qualified health professional before embarking on a new exercise regime, diet, supplement or similar protocol.

 

Diabetes Performance Coaching Ltd accepts no responsibility for any injuries, illnesses or accidents caused by or arising out of dietary or exercise choices taken by readers who have not sought appropriate medical advice prior to making those choices.

 

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Payment

You agree to pay, and authorize Diabetes Performance Coaching Ltd’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in GBP Pounds and US Dollars. If you order anything from www.diabeticmuscleandfitness.com within the United Kingdom you will be charged in GBP pounds. If you order anywhere else in the world (outside United Kingdom) you will be charged in US Dollars. Fee are non-refundable except as required by law. Diabetes Performance Coaching Ltd. is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

 

Reference Transactions

A reference transaction is a financial transaction from which subsequent transactions can be derived. PayPal Reference Transactions & Stripe Authorizations are used to make to make subsequent transactions to offer you additional offers at checkout. These offers are optional and you will be provided the option to opt-out of any after purchase offers by clicking the “No Thanks, I won’t see this offer again and I am not interested” option. After adding your payment information at checkout, you agree to allow our payment processor to store an authorization for additional payments as needed. This may include after purchase one-time offers, which you authorize us to charge using your selected payment method upon your acceptance of any additional offers.

 

Diabetic Shred and Diabetic Mass – Money Back Guarantee and Refunds

Refunds are not given because you changed your mind, found the plan unsuitable, did not have access to the required software (e.g. PDF viewer/Microsoft excel), equipment (after all, there are body-weight workouts and you could have contacted us beforehand), found the plan confusing, had a technical issue or did not like the plan in general.

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure.

Please note for all refunds on all digital programs such Diabetic Shred or Diabetic Mass, you must complete the entire program and can only request the refund after this time (i.e. 112 days).

In other words, refunds are given if you complete the full program and do not reach realistic goals. These terms are without exception and a refund request outside of these requirements will not be processed. You will be required to spend time reading the manuals and formulating your plan, it does require some personalization and time commitment.

In order to be eligible for a refund you must provide proof you have followed the programs consistently over the set period of time (i.e. 112 days). Please appreciate the information you are purchasing has been grounded on years of academic study and thousands of pounds of educational fees. Hence the detailed pre-requisite policy for a refund.

 

  • Starting photos against a plain wall – Front, Side with hands on head showing sides and rear with a current dated newspaper on show.
  • Starting bodyweight.
  • Starting waist measurement.
  • Proof that you had conformation from your medical and/or, health care professional team to follow the specific program, resources or advice purchased/supplied by diabeticmuscleandfitness.com.

 

Every two weeks you are required to track the following key data,

 

  • Photos in exactly the same place and stance (with dated newspaper
  • Average change in Bodyweight.
  • Waist measurement.
  • Proof that you have implemented the decisions trees found inside the resources. Please note the changes you made to your diet, and physical activity.
  • On-going check ins with your medical/health care professional team

 

Then, repeat the above every 2 weeks for 112 days minimum

 

Once you have finished the 112 day program compile all the information above into dated check in folders for review and e-mail to hello@diabeticmuscleandfitness.com.

 

We will get back to you within a few hours to discuss and confirm your refund. Please note, refunds that do not conform to all the terms listed above will not be processed.

 

The Diabetic Muscle and Fitness Guide – Refund Policy

Refunds are not given because you changed your mind, did not have access to the required software (e.g. PDF viewer/Microsoft excel), equipment (after all, there are body-weight workouts and you could have contacted us beforehand), found the plan confusing, had a technical issue or did not like the book in general.

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure.

The ULTRA LEAN and MUSCLE BUILDING Cookbooks

There are strictly no refunds given for the Ultra Lean and Muscle Building Cookbooks for whatever reason. This is because of the low product cost and the fact that it is a digital product that can be downloaded in full.

 

Unlike physical products you must return, it is not possible to return a downloadable product, even if you state you have not yet downloaded it. This no refund policy extends for any reason, including you not enjoying the meals or liking the food, as this is a subjective measure. All meals were cooked and tasted multiple times between multiple individuals before publication.

 

Please note, the recipes will require some preparation and unusual ingredients, this is just the nature of cooking, especially this type of preparation and cooking which requires additional ingredients that you may need to order online.

 

The nutritional information provided on the food labels is based on generic ingredients and has been rounded in line with GUIDE TO NUTRITION LABELING AND EDUCATION ACT (NLEA) REQUIREMENTS-ATTACHMENT 6-(See more> https://www.fda.gov/ICECI/Inspections/InspectionGuides/ucm114098.htm

 

The scannable my fitness barcodes are as accurate as can be, but may be subject to change on MyFitness Pal.

 

Please note, all images, videos and pictures are for design and cosmetic purposes only, these are stock photos.

 

PAPERBACK BOOKS & MERCHANDISE – SHIPPING

Shipping for The Diabetic Muscle and Fitness Guide paperback is FREE for orders placed within the UK. For the rest of the world standard delivery is charged at £3.99.

 

Standard delivery charge for t-shirts, shakers and anything else is fixed at £3.99 flat rate internationally.

 

All book, shaker and t-shirt order (excluding free gifts) are shipped same day with tracking details will be provided.

 

Refunds will be given for lost parcels and damaged goods. Please e-mail photo of damaged goods to hello@diabeticmuscleandfitness.com If particular merchandise is out of stock you will have the option of a full refund or, have the goods resent as soon as stock levels are replenished.

We do not provide refunds for any merchandise or paperback books that have been ordered to a misspelt or incorrect address. It is your responsibility to proof check your order details.

 

E-BOOK DELIVERY TIME

All digital products are sent to your inbox immediately. It is advised that you check you junk and promotion e-mail inboxes. If somehow, your plan has not arrived please e-mail your query and receipt to hello@diabeticmuscleandfitness.com and we will send you a replacement ASAP.

 

Please ensure you whitelist or VIP our email address hello@diabeticmuscleandfitness.com

 

 

ONLINE SERVICES – The Diabetic Muscle and Fitness Online Coaching Academy

No refunds are permitted for the Diabetic Muscle and Fitness online coaching academy. This is an extremely strict policy given the limited number of applications. Please purchase only if you are 100% dedicated.

 

MEMBERS SITE – The Diabetic Muscle and Fitness Training Lab – Subscriptions

United Kingdom (excludes Ireland)

 

Monthly Subscription £13

 

You will be charged an initial payment of £13 followed by monthly recurring payments of £13 until you wish to cancel. You can cancel anytime by logging into your PayPal/bank/credit card account and cancelling the recurring billing in your profile.

 

Annual Subscription £119.88

 

You will be charged an initial payment of £119.88 followed by monthly recurring payments of £119.88 until you wish to cancel. You can cancel anytime by logging into your PayPal/bank/credit card account and cancelling the recurring billing in your profile.

 

Annual Subscriptions are subject to auto-renewal. Since the annual subscription is a larger fee – you will be sent a reminder e-mail prior to renewal. It is your responsibility to check your e-mails and be mindful of membership charges

 

 

 

Rest of World

 

Monthly Subscription $13

 

You will be charged an initial payment of $13 followed by monthly recurring payments of $13 until you wish to cancel. You can cancel anytime by logging into your PayPal/bank/credit card account and cancelling the recurring billing in your profile.

 

Annual Subscription $156

 

You will be charged an initial payment of $156 followed by monthly recurring payments of $156 until you wish to cancel. You can cancel anytime by logging into your PayPal/bank/credit card account and cancelling the recurring billing in your profile.

 

Annual Subscriptions are subject to auto-renewal. Since the annual subscription is a larger fee – you will be sent a reminder e-mail 10 days prior to renewal. It is your responsibility to check your e-mails and be mindful of membership charges.

 

All subscription fees are subject to change.

 

 

Cancellations

You are free to cancel your monthly or, yearly membership at any time, there is no tie in or minimum term. You can do this inside the member dashboard

 

Refunds

Unlike physical products you must return, it is not possible to return your access to the membership site, even if you state you have not accessed or downloaded the materials. There are strictly no refunds for the Diabetic Muscle and Fitness Training Lab Monthly or, Annual subscriptions unless permission has been granted by Diabetes Performance Coaching Ltd.

 

Free Gifts

When you sign up as a full annual member of the Diabetic Muscle and Fitness Training Lab you are entitled to a free gift. The cost of the gift is determined by Diabetes Performance Coaching Ltd and is subject to change.

 

The 2-months Free membership is deducted of the annual 12-month subscription. Meaning you get 12 months for the price of 10.

 

Free gift can take up to 28 days for delivery and possibly longer depending on stock levels. If gift items are out of stock, you will be notified immediately of the time daily and kept up to date with shipping information.

 

Gifts are subject to change. There are no free gifts for the monthly subscription ONLY ANNUAL MEMBERS.

 

ADVERTISEMENTS AND LINKS TO OTHER SITES

Some pages on this Website may contain advertisements to associated products of external websites / links / supplements. While the Company may be compensated for such advertisement placing, the Company does not endorse or warrant any such products.  You are fully responsible for researching such products on your own and determining if they are the right fit for you.

 

Many articles on this Website contain links to third-party websites. The Company does not endorse the content on any third-party website that this Website may link to and has no control over and is not responsible for the content on affiliated or advertised sites.

 

General Prohibitions and Acceptable Usage

You agree that you will not:

Access the membership area of the site corresponding to the Diabetic Muscle and Fitness Training Lab for any of these purposes:

  • Attempt to access another member’s account.
  • Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.

 

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

 

Furthermore, you understand and agree that:

 

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Diabetes Performance Coaching Ltd. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Diabetes Performance Coaching Ltd. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

All information stated on www.diabeticmuscleandfitness.com is for informational purposes only and does not constitute medical advice. BY ACCESSING THIS SITE, YOU HEREBY WAIVE DIABETES PERFORMANCE COACHING LTD. OF ALL POSSIBLE LIABILITY AND WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR ALL MEDICAL, HEALTH, LIFESTYLE, AND NUTRITION ADVICE BEFORE ACTING ON ANY INFORMATION FOUND OR INTERPRETED FROM THIS WEBSITE.

 

Diabetes Performance Coaching Ltd. does not provide information intended to be used by Minors or individuals with conditions that might be altered by changes in exercise or nutrition.

 

Copyrights/Trademarks

All content and materials available on diabeticmuscleandfitness.com , including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Diabetes Performance Coaching Ltd., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Diabetes Performance Coaching Ltd.

 

You are granted a non-exclusive, non-transferable, revocable license to access and use diabeticmuscleandfitness.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Diabetes Performance Coaching Ltd. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Diabetes Performance Coaching Ltd. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Diabetes Performance Coaching Ltd. content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Diabetes Performance Coaching Ltd. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Diabetes Performance Coaching Ltd. or our licensors except as expressly authorized by these Terms.

 

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any refunds issued will result in the revocation of your account access immediately and any files.

 

Governing Law

This website is controlled by Diabetes Performance Lts. from our offices located in the Northern Ireland, United Kingdom. It can be accessed by most countries around the world. As each country has laws that may differ from those of Northern Ireland, by accessing our website, you agree that the statutes and laws of Northern Ireland, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

 

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Northern Ireland, United Kingdom. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Guarantee

UNLESS OTHERWISE EXPRESSED, Diabetes Performance Coaching Ltd.  EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Arbitration Act, conducted by a single neutral arbitrator and administered by the The Chartered Institute of Arbitrators (CIArb), or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Disputes

Any dispute or claim arising from or relating to these Terms or your use of the Service is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms in the Diabetes Performance Coaching Ltd.. Privacy policy.

 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

COMPLETE AGREEMENT

These Terms and Conditions and the privacy policy constitute the full agreement between you and Diabetes Performance Coaching Ltd.

 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at hello@diabeticmuscleandfitness.com

Last updated June 1st Sept, 2016