TERMS OF SERVICE
Please take a moment to read our Terms of Use
Disclaimer
By participating in the LIVE classes you are doing so at your own risk. Evolveco Ltd and Veronique Ellis will not be responsible or liable for any injury or harm you sustain as a result of our workout programmes.
To reduce the risk of injury, before beginning this or any exercise programme, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented in the classes are in no way intended as a substitute for medical consultation. Evolveco Ltd and Veronique Ellis disclaims any liability from and in connection with the classes.
By clicking on the link to the LIVE Zoom class, you confirm to abide by the terms of this disclaimer. All live and recorded content is the property of Evolveco Ltd and is not to be shared with third parties.
Terms of Use
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, joinevolve.co (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately.
Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Contract”means a contract for the purchase of a Subscription to access Paid Content,
“Paid Content” means digital content made available for sale via Our Site;
“Subscription” means a subscription to Our Site providing access to Paid Content;
"User" means a user of Our Site;
“We/Us/Our” means Evolveco Ltd, trading as “Evolve”, a company registered in England and Wales under company number 13015683, whose registered address is 86-90, Paul Street, London EC2A 4NE.
Information About Us
Our Site, joinevolve.co, is owned and operated by Evolveco Ltd [, a limited company registered in England under 13015683, whose registered address is 86-90, Paul Street, London EC2A 4NE and whose main trading address is] OR [of] 86-90, Paul Street, London EC2A 4NE.
Access to Our Site
It is your responsibility to make any and all arrangements necessary in order to access Our Site.
Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
Our Site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our website only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our website.
Accounts
Certain parts of Our Site (including the ability to purchase Paid Content from Us) may require an Account in order to access them.
You may not create an Account if you are under 18 years of age. If you are under 18 years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
We require that you choose a strong password for your Account. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at hello@joinevolve.co. We will not be liable for any unauthorised use of your Account.
You must not use anyone else’s Account.
Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
Subscriptions, Paid Content, Pricing and Availability
We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.
We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the subscription.
Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform you at least 14 days before the changes are due to take effect. If you do not agree to the changes, you may cancel the subscription.
Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed.
Monthly Subscription: If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. Your first month’s payment includes charges for any products necessary to participate with Evolveco Ltd. If you cancel after any payment, your membership will continue until the end of that month.
Annual Subscription: If you are an annual member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period. Other Memberships We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account page.
Orders – How Contracts Are Formed
Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
Payment
Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).
Memberships require Internet access and a current, valid, accepted method of payment on file with your Account. Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.
If you do not make any payment due to Us on time, We will suspend your access to the Paid Content. If you do not make payment within 14 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
If you believe that We have charged you an incorrect amount, please contact Us at hello@joinevolve.co as soon as reasonably possible to let us know.
Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.
We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.
Payments are non-refundable and there are no refunds or credits for partially-used periods.
Provision of Paid Content
Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.
In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
To fix technical problems or to make necessary minor technical changes;
To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
To make more significant changes to the Paid Content.
If We need to suspend availability of the Paid Content for any of the reasons, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 14 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension. You will not be charged for any Paid Content while provision is suspended.
Any refunds will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
Refunds under this Clause 8 will be made using the same payment method that you used when purchasing your Subscription.
If there is a problem with any Paid Content, please contact Us at www.joinevolve.co/contact
Licence
When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:
You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid 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’).
Cancelling Your Subscription
You can cancel your subscription anytime when logged into your account. Click on My Account in the side bar and cancel subscription.
1) Log in to your Evolve account;
(2) Click “My Account” in the sidebar;
(3) Select “Cancel Subscription.”
If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
After the cooling-off period, you may cancel your Subscription at any time, however, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
If you wish to exercise your right to cancel, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation option on Our Site as described under clause 10.1. If you would prefer to contact Us directly to cancel, please use the following details:
Email: hello@joinevolve.co;
In each case, providing Us with your name, address, email address.
We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
Intellectual Property Rights
All Content included on Our Site and the copyright and other intellectual property rights, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
You may:
Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
Download any Content where We have provided a link enabling you to do so;
Download Our Site (or any part of it) for caching;
Print page(s) from Our Site;
Download extracts from pages on Our Site; and
Save pages from Our Site for later and/or offline viewing.
Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our website and its content. We may use such information and data for benchmarking and other service enhancements. We will handle and treat any information we collect from you in compliance with our current Privacy Policy.
The name “Evolve, Evolveco Ltd and The Evolve Method” and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of Evolve and Evolveco Ltd in the United Kingdom and/or other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in or to such trademarks, trade names, or trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
Links to Our Site
You may link to Our Site provided that:
you do so in a fair and legal manner;
you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
Disclaimers
Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.
Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site 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. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning Paid Content for sale through Our Site.
You confirm that you have no health or fitness problems (including, but not limited to cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma or other breathing difficulty; diabetes; epilepsy or other allergy) which may affect your participation in that or any other training session comprised in any Subscription that you have purchased or subsequently purchase.
The Content on this site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action in respect of your health, fitness and / or nutrition. We make reasonable efforts to ensure that the content on this site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the content is complete, accurate, or up-to-date.
Our Liability
To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content, but not including Paid Content) included on Our Site.
To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
You agree to defend, indemnify and hold harmless Evolve and Evolveco Ltd and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
By breaching the provisions of these Clauses, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
Acceptable Usage Policy
You may only use Our Site in a manner that is lawful and compliant with the following provisions. Specifically:
you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
When communicating in any way using Our Site, you must not submit, communicate or otherwise do anything that:
is sexually explicit;
is obscene, deliberately offensive, hateful or otherwise inflammatory;
promotes violence;
promotes or assists in any form of unlawful activity;
discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
is calculated or is otherwise likely to deceive;
is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
implies any form of affiliation with Us where none exists;
infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
remove any Content submitted by you that violates this Acceptable Usage Policy;
issue you with a written warning;
take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
take further legal action against you as appropriate;
disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
Privacy and Cookies
Use of Our Site is also governed by Our Privacy Policy, available from www.joinevolve.co/privacy-policy. These policies are incorporated into these Terms of Use by this reference.
Changes to these Terms of Use
We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
To contact Us, please email Us at hello@joinevolve.co or using any of the methods provided on Our contact page at www.joinevolve.co/contact
Communications from Us
If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link.
For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@joinevolve.co or via Our contact page www.joinevolve.co/contact
Data Protection
We will only use your personal information as set out in Our Privacy Policy, available from www.joinevolve.co/privacy-policy
Other Important Terms
We may transfer (assign) Our obligations and rights to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected and Our obligations will be transferred to the third party who will remain bound by them.
The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
No failure or delay by Us in exercising any of Our rights means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
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Don’t worry about sounding professional. Sound like you. There are over 1.5 billion websites out there, but your story is what’s going to separate this one from the rest. If you read the words back and don’t hear your own voice in your head, that’s a good sign you still have more work to do.Be clear, be confident, and don’t overthink it. The beauty of your story is that it’s going to continue to evolve and your site can evolve with it. Your goal should be to make it feel right for right now. Later will take care of itself. It always does.