Terms & Conditions

Page Contents

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“The Company”means CommunitySoul or it’s other trading names including Total Wellness Club and Questly.
“Provider”means a professional or organisation using the company’s services for its gain or benefit.
“User”means a member of the general public using the company’s services for personal gain and benefit.
“Commencement Date”means the date on which provision of the Services will commence, as defined in the Agreement;


TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

2. Acceptance

2.1 By using the company website, you signify your agreement to these Terms of Use.

2.2 If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services.

3. Privacy Overview

3.1 The privacy policy is effective when you visit any of the company’s websites.

3.2 If you are under 18, you may use the company’s website only with the consent of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the company’s website and data, materials and information available.

4. Customers Privacy

4.1 When you register as a User on a company website, you establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data. You may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify the company of any unauthorized use of your username or account. You may only create one account per website. If the company suspend or terminate your account, you may not open another account on the Site.

4.2 We may use Data to customize and improve User experience on this site. However, we will not share your email address unless (i) we obtain your consent, such as when you chose to opt-in or opt-out to the sharing of Data; (ii) a service provided on our site requires the interaction with, for example, an Application Service Provider, (iii) pursuant to legal process of law enforcement.

5. Online Purchase

5.1 Purchasers who are under eighteen (18) years of age should seek parental consent before purchasing from the company. By transacting on our websites, a purchaser certifies that the purchaser is at least (18) eighteen years of age & understands the conditions of use.

6. Pricing

6.1 Pricing is in GBP, unless stated otherwise.

7. Payment Terms and policy

7.1 Payments may be made in two ways:

A. Via the company
B. By using an affiliate link within the company website, where you purchase direct from an affiliate on the affiliate’s website

7.2 In either instance, once payment has been made it is the responsibility of the provider to provide the requested service.

7.3 If you do not receive receipts for the service or product you may contact support@totalwellness.club

7.4 An acknowledgement receipt and details of order for the payment made, will be sent to your email address as proof of payment, within 3 working days.

7.5 If you are dissatisfied with the service provided please contact support@totalwellness.club

8. Refunds

8.1 No refund can be made for cancellations or no-show on your behalf.

8.2 For services and products supplied by a company affiliate, refund terms of the affiliate apply.

8.3 For refund via the company, a full refund may be given after consultation between the company and the provider, and only within 30 days of payment. In the event of refund or partial refund, you should expect payment within 30 days.

9. Limitation of Liability

9.1 The company do not accept liability for accident, injury or loss suffered while using it’s services or associated services or due to attending events. Nor does the company accept liability for accident, injury or loss suffered while using taking advice from associated providers, use of providers products, course or events.

9.2 You are required to take full responsibility for your actions, including speaking to your medical practitioner before acting on any advice given.

9.3 You are required to accept full responsibility when acting as a provider to ensure that any and all claims made by you about your service comply with the guidelines laid out by relevant advertising laws within the UK and the country within which your product or service is located;

10. Terms 

10.1 You agree:

10.2 to use the company’s websites in a manner that is ethical and in conformity with community standards;

10.3 to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorised to do so by that user);

10.4 to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property;

10.5 to accept commercial emails from us when acting as a provider, or when previously agreed.

10.6 If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

11. Termination

11.1 Your service will be terminated without warning if you are found to be in breach of the conditions stated in paragraph 10.

11.2 Your service will be terminated without warning if you use our system as any part of a bulk mailing campaign or to solicit business in any form. You may also be subject to fines and legal actions as a result of your bulk email promotion.

11.3 We may cancel this agreement at any time, without prior notice.

12. Assignment

12.1 This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent.

12.2 We may re-assign this agreement at any time.

13. Change of Terms and Conditions

13.1 We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in writing to support@totalwellnes.club

14. Notification of Account Changes

14.1 You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number or billing information changes.

15.Notices

15.1 All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

16.General Provisions

16.1 The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorised to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the recognised Arbitration Board located within the state or country, before instituting litigation.

  1. WEBSITE PRIVACY NOTICE

17.1  INTRODUCTION

17.2. This privacy notice provides you with details of how the company collects and processes your personal data through it’s websites, including any information you may provide through our sites when you purchase a product or service, sign up to our newsletter or take part in a prize draw or competition.

17.3. By providing us with your data, you warrant to us that you are over 18 years of age.

17.4 The company is the data controller and responsible for your personal data.

17.4.1 Email address: support@totalwellnes.club

17.4.2 Postal address: 14, Cross Farm Road, Draycott, Somerset, BS27 3SE

17.4.3 Telephone number: 0208 144 0225

17.5 If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues – www.ico.org.uk

17.5.1 We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

17.6 It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at support@totalwellnes.club

  1. Data we collect about you

18.1 Personal data means any information capable of identifying an individual. It does not include anonymised data.

18.2 We may process certain types of personal data about you as follows:

Identity Data may include your first name, maiden name, last name, username, marital status, title, date of birth and gender.

  • Contact Data may include your billing address, delivery address, email address and telephone numbers.
  • Financial Data may include your bank account and payment card details.
  • Transaction Data may include details about payments between us and other details of purchases made by you.
  • Technical Data may include your login data, internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices you use to access this site.
  • Profile Data may include your username and password, purchases or orders, your interests, preferences, feedback and survey responses.
  • Usage Data may include information about how you use our website, products and services.
  • Marketing and Communications Data may include your preferences in receiving marketing communications from us and our third parties and your communication preferences.

18.3 We may also process Aggregated Data from your personal data but this data does not reveal your identity and as such in itself is not personal data. An example of this is where we review your Usage Data to work out the percentage of website users using a specific feature of our site.

18.3.1 If we link the Aggregated Data with your personal data so that you can be identified from it, then it is treated as personal data.

18.4.Sensitive Data

18.4.1 We may need to collect information about your health and occupation in order to deliver the company’s services to you.

18.4.2 Where this sensitive data is required your explicit consent for processing sensitive data will be requested.

18.4.3 We do not collect any information about criminal convictions and offences.

18.4.4 Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

  1. How we collect your personal data

19.1 We collect data about you through a variety of different methods including:

  1. Direct interactions: You may provide data by filling in forms on our site (or otherwise) or by communicating with us by post, phone, email or otherwise, including when you:
  2. order our products or services;
  3. create an account on our site;
  4. subscribe to our service or publications;
  5. request resources or marketing be sent to you;
  6. enter a competition, prize draw, promotion or survey; or give us feedback.
  7. Automated technologies or interactions: As you use our site, we may automatically collect Technical Data about your equipment, browsing actions and usage patterns. We collect this data by using cookies, server logs and similar technologies. We may also receive Technical Data about you if you visit other websites that use our cookies.

19.2 Please see our cookie policy BELOW for further details.

19.3 Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources such as analytics providers such as Google based outside the EU; advertising networks [such as Facebook based outside the EU]; Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Stripe based outside the EU. Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

  1. How we use your personal data

20.1 We will only use your personal data when legally permitted. The most common uses of your personal data are:

20.1.1 Where we need to perform the contract between us.

20.1.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

20.1.3 Where we need to comply with a legal or regulatory obligation.

20.2 Generally, we do not rely on consent as a legal ground for processing your personal data, other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by emailing the company at support@totalwellnes.club

  1. Purposes for processing your personal data

21.1 Set out below is a description of the ways the company intend to use your personal data and the legal grounds on which we will process such data. We have also explained what our legitimate interests are where relevant. We may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please email us at support@totalwellnes.club  if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

21.2

Purpose/ActivityType of dataLawful bias for processing
To register you as a new customer(a) Identity

(b) Contact

Performance of a contract with you
To process and deliver your order

including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and

Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to recover debts owed to us

To manage our relationship with you

which will include:

(a) Notifying you about changes to our terms or privacy policy

(b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and

Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests to keep our records updated and to study how customers use our products/services

To enable you to partake in a prize

draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and

Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests to study how customers use our products/services, to develop them and grow our business

To administer and protect our business and our site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of dataa) Identity

(b) Contact

(c) Technical

a) Necessary for our legitimate interests for running our business, provision of

administration and IT services, network security, to prevent fraud and in the context of a business

reorganisation or group restructuring exercise

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure and understand the effectiveness of our advertising(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and

Communications

(f) Technical

Necessary for our legitimate interests to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences(a) Technical

(b) Usage

Necessary for our legitimate interests to define types of customers for our products and services, to keep our site updated and relevant, to develop our business and to inform our marketing strategy
To make suggestions and recommendations to you about goods or services that may be of interest to you(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests to develop our products/services and grow our business
To authenticate reviews(a) Identity

(b) Contact

( c) review content

Necessary to legitimise reviews so as to ensure reviews are genuine.
Health Information(a) Identity

(b) Contact

(c) Health related information

a) Stored information on our server allows you to edit and update your information

b) When shared with sponsors and partners in such a way as you will be unidentifiable it allows the partner or sponsor to enhance and improve their product or service

  1. Marketing communications

22.1 You will receive marketing communications from us if you have:

(i) requested information from us or purchased goods or services from

us; or

(ii) if you provided us with your details when you entered a competition or registered for a promotion or free resources; and

(iii) in each case, you have not opted out of receiving that marketing.

22.2 We will get your express opt-in consent before we share your personal data with any third party for their marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by
22.2.1 By logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences; or

22.2.2  By following the opt-out links on any marketing message sent to you; OR

22.2.3 by emailing us at support@totalwellnes.club

22.3 Where you opt out of receiving our marketing communications, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

  1. Change of purpose

23.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at support@totalwellnes.club

23.2 If we need to use your personal data for a purpose unrelated to the purpose for which we collected the data, we will notify you and we will explain the legal ground of processing. We may process your personal data without your knowledge or consent where this is required or permitted by law.

  1. Disclosure of your personal data

24.1 We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 21.2 above:

24.1.1 Other companies in our group who provide IT and system administration services and undertake leadership reporting.

24.1.2 Service providers who provide IT and system administration services.

24.1.3 Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

24.1.4 HM Revenue & Customs, regulators and other authorities based in the United Kingdom and other relevant jurisdictions who require reporting of processing activities in certain circumstances.

24.1.5 Third parties to whom we sell, transfer, or merge parts of our business or our assets.

24.1.6 We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions

  1. International Transfers

25.1 We share your personal data within our group of companies which involves transferring your data outside the European Economic Area (EEA).

25.2 Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria. Many of our third parties service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data by ensuring at least one of the following safeguards is implemented:

25.2.1 We will only transfer your personal data to countries that have been deemed to

provide an adequate level of protection for personal data by the European Commission; or

25.2.2 Where we use certain service providers, we may use specific contracts or codes

of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe; or

25.2.3 Where we use providers based in the United States, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

25.2.4 If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.  Please email us at support@totalwellnes.club if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  1. Data Security
    26.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
    26.2 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
  1. Data Retention

27.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

27.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

27.3 By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes. In some circumstances you can ask us to delete your data: see below for further information.

27.4 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

  1. Your Legal Rights

28.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include the right to:

28.1.1 Request access to your personal data.

28.1.2 Request correction of your personal data.

28.1.3 Request erasure of your personal data.

28.1.4 Object to processing of your personal data.

28.1.5 Request restriction of processing your personal data.

28.1.6 Request transfer of your personal data.

28.1.7 Right to withdraw consent.

28.1.8 You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at support@totalwellnes.club.

28.2 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

28.3 We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

28.4 We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

  1. Third party Links

29.1 The company’s websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

  1. Complaints handling
    30.1 If you are concerned that the way in which we have dealt with your personal information involves a potential breach of your privacy, you may contact us using the details above, providing us with details in writing of your complaint. We will investigate such a complaint promptly. We may also contact you for further information if required.

    30.2 All complaints should be made in writing detailing relevant information pertaining to the complaint and the parties involved in the alleged breach.

  1. Further Information

31.1 If you would like more information about how we handle your personal information, please contact us.


32. COOKIES POLICY

32.1 A ‘cookie’ is a packet of information placed on a user’s computer by a website for record keeping purposes. Cookies are generally used on the company websites for the following purposes:

32.2 Monitoring website traffic – we use tracking companies and software to gather information about how people are using our website. This information includes time of visit, pages visited, and some system information about the type of computer you are using. We use this information to enhance the content and services offered on our website.

32.3 Manage advertising – we use advertising companies to deliver parts of our online advertising. When you see one of our ads on a third-party website, cookies are sometimes used to collect information about what pages you visit and the type of software you are using.

32.3.1 Location – we use cookies to locate you, so we can help you target services, products and buddies in your area.

32.3.2 Cookies may also be used for other purposes on our website, but in each case none of the information collected can be used to personally identify you.

32.3.3 You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

32.3.4 If you disable the use of cookies on your web browser or remove or reject specific cookies from our website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.