We’ve made the – IT’S YOURS!™ 365 Day Money Back Guarantee – risk and hassle free for you.
Some companies rely on dissatisfied customers being too busy to go through the hassle of returning a product to get their money back. We’re confident you’ll love your TBF products, and we’re backing this up with up with our guarantee.
Order any one of our products, and if you don’t like it, it’s yours. Notify us and we’ll give you a full refund straight away. No complicated intake forms and no return necessary.
The It’s Yours™ guarantee is valid only for first time purchases of a product, and redeemable up to 365 days after purchase. Multiple items are subject to our basic money back guarantee.
To get a refund, goto the Your Orders page, click the Cancel button and we will do all the rest.
Last Updated: 27 January 2017
The Big Fruit Website is offered and available to users who are 18 years of age or older. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s). By accessing or using The Big Fruit Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do not meet this requirement, you must not access or use The Big Fruit Website.
thebigfruit.com is a website owned by The Big Fruit Ltd, 42 Upper Berkeley Street, Marble Arch, London, W1H 5PW, United Kingdom (“We”, “Us”, “Our” or “The Big Fruit”). The Big Fruit Website gives users the ability to consume wellness content, ask questions, reply to questions, post comments and other user generated content, and to purchase access to a variety of online, streaming and downloadable content on a subscription or other basis, including Our courses (collectively, the “Online Courses”) subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Online Course will be governed by The Big Fruit’s Term of Sale. We may, in Our sole discretion, change or discontinue any or all aspects of The Big Fruit Website at any time, without notice, and without liability to you.
The Terms of Service have the same effect as an agreement in writing and govern your use of Our Website. If you do not agree to the Terms of Service, please do not use Our Website. We may modify the Terms of Service at any time. If you do not agree to the changes, you may discontinue using Our Website before the changes take effect. Your continued use of The Big Fruit Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our Website, you reaffirm your acceptance of the Terms of Service. You are responsible for regularly reviewing the Terms of Service. The Terms of Service are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of The Big Fruit Website, or to particular content or transactions are posted in particular areas of The Big Fruit Website and, together with these Terms of Service, govern your use of those areas, content, or transactions.
Our Website (and all content on Our Website) and Our Online Courses include information and instruction relating to wellness topics, such as diet, yoga, exercise and fitness, relationships and personal growth and some of the products and services referred to on or available through Our Website and Online Courses relate to such topics (such products and services, together with Our Website and Our Online Courses, collectively, “Our Wellness Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Wellness Content.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through Our Website and/or Our Online Courses, We strongly recommend that you consult with a physician or other healthcare provider. The Big Fruit Ltd and its staff are not licensed dentists, medical care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition. While some of The Big Fruit Ltd’s content providers may be Professional Care Providers, The Big Fruit Ltd, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about wellness topics. You acknowledge and agree that when participating in any diet, exercise, yoga or exercise program or other activity or program described in Our Wellness Content, and/or when using any diet or fitness products or products or services described or provided in or through Our Wellness Content, there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.
Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness Content. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, We make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other Condition that you may have before starting any yoga, Pilates or other exercise program, making changes to your diet or engaging in any other activity or program described in Our Wellness Content.
You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Wellness Content. Our Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or registered dietitian or other Professional Care Provider. It is important that Our Wellness Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other Professional Care Provider prior to using Our Wellness Content. If you experience any discomfort or pain during an activity in Our Wellness Content, such as a diet or exercise routine, you must immediately cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.
1) We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believes to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website.
You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:
Additionally, you agree not to:
3) The Big Fruit Ltd Has All Rights In The Big Fruit Website and Content; You Grant The Big Fruit Ltd Certain Rights When You Submit Content to Us:
(a) The Big Fruit Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Big Fruit Website are also copyrighted works, and The Big Fruit Ltd (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on The Big Fruit Website. These Terms of Service permit you to use Our Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Big Fruit Website, except as follows:
You may print or download one copy of a reasonable number of pages of Our Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If the Big Fruit Ltd provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Our end user license agreement for such applications.
If The Big Fruit Ltd provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
4) Your Use of The Big Fruit Ltd Content is Restricted:
(b) By posting or submitting content on or to Our Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting The Big Fruit Ltd a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sub-licensible right and license to display, broadcast or publish such content on Our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by Our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or Our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of Our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to The Big Fruit Ltd or The Big Fruit Website we may authorise such content to be distributed or syndicated to or published on other The Big Fruit-branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
(d) The following content standards apply to posts or submissions of content on or to The Big Fruit Website. All such posts and submissions must in their entirety comply with all applicable national and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to The Big Fruit Website must not:
5) You Have Rights if You Believe Your Copyright is Being Infringed: We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from The Big Fruit Website infringe your copyright, you may request removal of those materials (or access to them) from Our Website by submitting written notification to our registered office. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Send DMCA Notices to:
The Big Fruit Ltd
42 Upper Berkeley Street
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Our Website is infringing your copyright, you may be held liable for damages (including costs and legal fees) under Section 512(f) of the DMCA.
6) We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of The Big Fruit Ltd. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through Our Website and/or Online Courses, The Big Fruit Ltd is not undertaking any obligation or liability relating to the content. the Big Fruit Ltd and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor Our Website for inappropriate or unlawful content. The Big Fruit Ltd and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, The Big Fruit Ltd reserves the right to block or remove communications, postings or materials at any time in The Big Fruit Ltd’ sole discretion.
7) You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms Service or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless the Big Fruit Ltd and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8) Your Use of The Big Fruit Website is Subject to Certain Disclaimers:
We do not make any warranties, explicit or implied including, without limitation, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE AND/OR THE ONLINE COURSES.
9) The Big Fruit Ltd is Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
10) We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
11) Our Liability to You is Limited: The Big Fruit Ltd and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
12) You Will Transact with Us Electronically. You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us, if you have purchased access to an Online Course or otherwise provided your email address to Us or, in the alternative, by posting a notice on Our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use Our Website.
13) You Are Responsible for Your Own Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
14) You May Not Share Your Username and Password. In the event you are provided with a user name and password to access any part of Our Website, including without limitation, the Online Courses to which you have purchased access, agree not share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund. When purchasing access to an Online Course, you agree to take all actions possible to protect your username and password from fraudulent use. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of these Site Terms.
15) Minors. Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, Our Online Courses. The Big Fruit Website and Our Online Courses are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through The Big Fruit Website or the Online Courses. If you believe that a child has provided information to us through The Big Fruit Website or the Online Courses, please contact us by email at email@example.com. We will use Our best efforts to remove all of the information provided by the child from Our system.
16) You Need to Bring any Action Against Us Within One Year. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to The Big Fruit Website, your use of The Big Fruit Website, or your access to and use of the Online Courses or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17) You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
BY CONTINUING TO USE THE BIG FRUIT WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE .
The caption to each Section of these Terms of Service are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
Last Updated: 18 July 2017
The Website generally requests only a nickname, and email address, although you can create an account to whereby you provide additional information if you wish. If at any time the Website were to collect personally identifying information, such as your actual name, address, or telephone number, it would only be with your specific knowledge and consent.
Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
The Big Fruit uses your user name and password to grant you access to and use of the Website. Your e-mail address will be used, at your request, to send you a copy of your user name and password. If you provide personally identifiable information, it will be used to provide you with the service you have requested. If you choose to opt in to our online magazine and offers, we may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs.
We also allow access to our database by third parties that provide us with services, such as technical maintenance or forums software, but only for the purpose of and to the extent necessary to provide those services. While Service Provider will seek to require such third parties to follow appropriate privacy policies and will not authorise them to use this information except for the express purpose for which it is provided, The Big Fruit does not bear any responsibility for any actions or policies of third parties. There may also be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose.
In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information, and to otherwise administer our Website.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by Service Provider, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
This Website is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before making purchases, including subscriptions, on this site.
If your children disclose information about themselves in publicly accessible areas of the Website, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so.