Terms and Conditions
These website terms govern your use of our website, fitnetpro.com (the “WEBSITE”), your relationship with FITNETPRO LTD (“FITNETPRO”, “we”, “us” or “our”), and use of our online personal training programs, nutrition plans & coaching (the “SERVICE, SERVICES or PRODUCTS”) available through the website or mobile application (the “APP”). Please read these Terms & Conditions (“T&Cs”) prior to using the Website, Services or downloading the App as they affect your rights and liabilities.
1.1 By using our Website or purchasing our Services, you acknowledge that you have read, understood and agree to be bound by these T&Cs (the “Agreement”).
1.1.1. If you do not agree to these T&Cs please do not register as a member, use the Website, Services, or purchase any of our Products.
1.1.2. Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.
1.1.3. We recommend that you print a copy of this Agreement for future reference.
1.2 These terms will apply to all users (“you”) of the Website and all purchasers of Services and/or Products.
1.3 Please note that these T&Cs may be amended from time to time. We will notify you of any changes made by posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current T&Cs in full at the time you use the Website. If you do not accept the amended T&Cs then you must cancel your registration.
2. HOW TO CONTACT US
2.1 We are FITNETPRO LTD, incorporated and registered in England and Wales with company number 09997744.
2.2 You can contact us in writing via email to email@example.com or by post at FitnetPro Ltd, Dalston House, 60 Windsor Avenue, London, SW19 2RR.
3. PRODUCTS & SERVICES
3.1 Through the Website and App, we offer the following products (the “Products” or “Services”).
3.1.3. Bespoke training programs/guides;
3.1.4. Online healthy lifestyle coaching;
3.1.5. Customised nutrition plans;
4. REGISTRATION & MEMBERSHIPS
4.1 After selecting the service program of your choice, you register for an account on the Website and App, becoming a member.
4.1.1 When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.
4.1.2 On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting firstname.lastname@example.org immediately.
4.2 This membership is a one, two or three month recurring Personal Training program delivered online. It begins on the date of enrolment and continues indefinitely unless cancelled, by giving 30-days written notice via email to email@example.com, and providing full payment of any unpaid dues or indebtedness.
4.3 Members using our Services to receive training, instruction, and coaching provided by FITNETPRO fitness professionals are known as “Clients” or “Users”. Once enrolled, Clients can use the exercise programming, mobile app and services provided by FITNETPRO.
4.4 Clients are responsible for maintaining the confidentiality of the username and password used to register for purchase and/or use our Service.
4.5 You agree to (a) immediately notify us of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you logout from your account each time you exit your account and after training session.
4.6 We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4.7 If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website. Ensure you have adequate antivirus protection software on your computer that you use to access our website
4.8 You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you and to determine the appropriate coaching, training and nutrition plans.
4.9 On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be):
4.9.1 Access exercise videos and interviews;
4.9.2 Access and download e-books;
4.9.3 Access and download personalised training plans;
4.10 You are not permitted to share any of the content licensed under these terms with any other individuals.
4.11 Except for the foregoing limited license, no right, title or interest shall be transferred to you.
5. FEES & PAYMENTS
5.1 You can view and access the Website free of charge, however in order to purchase any of our Services you must register as a member.
5.2 The fees payable for any products and services will be clearly displayed on the Website.
5.3 All fees for our Services are due upfront, at point of registration.
5.4 Payment processing for our Services is currently provided by PayPal payment gateway.
6. PROMOTIONS, DISCOUNTS AND BONUS TIME
6.1 FITNETPRO may periodically run promotions that may include bonus time on dues, discounted rates or other incentives to enrol in FITNETPRO services.
6.2 All incentive programs adhere to the FITNETPRO T&Cs.
6.3 FITNETPRO may run promotions exclusively for new or current and active clients. The T&Cs related to internal marketing vary depending on the promotion type and details of such programs may not be included here.
7.1 Although we aim to offer you the best service possible, we make no promise that the Website or App will meet your requirements. We cannot guarantee that the Website or App will be fault-free. If a fault occurs with the Website or App you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
7.2 Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control. In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
8. EXPECTED RESULTS
8.1 While we believe that for most people, our Services will lead to desired results, all exercise programs depend on the individual following the program and coaching advice given.
8.2 Results will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results.
8.3 We therefore provide no warranties of any kind, express or implied, as to:
8.3.1 Effectiveness of any techniques, diets or programs that we deliver; or
8.3.2 Results that you may achieve as a result of following our programs
8.4 All testimonials shown on our website or in our content are real people who have followed the plans provided by us.
8.5 For the avoidance of any doubt, results displayed are not indicative of the results that you are likely to achieve; rather they are included as examples of the results that particular individuals have achieved.
9. SERVICE/PRODUCT TERMINATION
9.1 You have a statutory right to change your mind (without giving a reason) within 14 days of purchasing a Product and receive a refund. This will not apply if you have already started downloading the relevant product.
9.2 If you want to end your contract with us, please let us know by doing one of the following:
9.3 Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address, telling us of the reason why you wish to cancel.
9.4 We may terminate your membership if you violate any part of this agreement or your conduct is improper or harmful to the best interest of FITNETPRO or other users. Termination is effective on the date FITNETPRO emails a written notice to your last known email address. You are liable for all financial obligations until that date. If you prepaid your dues and fees, FITNETPRO will not refund unused portion.
10.1 You must be at least eighteen (18) years of age or the age of majority in the place of your residence to register as a Member or use the FITNETPRO Service.
10.2 By using the FITNETPRO Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you agree to abide by this Agreement.
11. USER CONTENT
11.1 You are solely responsible for the comments, messages, photos or profiles (collectively, “User Content”) that you publish or display on the Website and/or the App.
11.2 By posting User Content to any public area of the Website and/or Service, you automatically grant, represent and warrant that you have the right to grant, to FITNETPRO, license to use, copy, perform, display, reproduce, adapt, modify and distribute such information.
11.3 You also hereby grant to each User of the Website and/or the app a non-exclusive license to access your User Content, in each case as permitted by the functionality of the Website and/or the app and this Agreement.
11.4 FITNETPRO reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates the below provisions, including without limitation, removing the offending communication from the Website and/or the App and terminating the membership of such violators. It includes, but is not limited to User Content that:
11.4.1 is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
11.4.2 harasses or advocates harassment of another person
11.4.3 promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, profane, offensive, sexually oriented or racially offensive.
11.4.4 promotes an illegal or unauthorised copy of another person’s copyrighted work.
11.4.5 contains restricted or password only access pages, or hidden pages or images.
11.4.6 provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18
11.4.7 solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
11.5 All information you include in your member profile must be accurate, current and complete. If information provided to us becomes inaccurate, misleading or false, you will promptly notify us of such change.
12. USER CONDUCT & INTERACTION
12.1 FITNETPRO is not responsible for the conduct, whether online or offline, of any user or member.
12.2 You are solely responsible for your interactions with other Users of the Website. FITNETPRO makes no representations or warranties as to the conduct of Users and shall not be in any way liable for any conduct of any User.
12.3 You agree to take reasonable precautions in all interactions with other Users particularly if you decide to meet a User offline, in person.
12.4 You should not provide your financial information to other Users.
12.5 You hereby release FITNETPRO, its affiliates, contractors, employees, agents or third party partners or suppliers from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your interaction with other Users.
12.6 You will not use the Website or Services for any purpose that is unlawful or prohibited by this Agreement
12.7 You will not impersonate any person or entity
12.8 You will not “stalk” or otherwise harass any person
12.9 You will not express or imply that any statements you make are endorsed by FITNETPRO without our specific prior written consent;
12.10 You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
12.11 You will not remove any copyright, trademark or other proprietary rights notices contained on the Website and/or the FITNETPRO Service
12.12 You will not interfere with or disrupt the Website and/or the FITNETPRO Service or the servers or networks connected to the Website and/or the FITNETPRO Service
13. VIRUSES, HACKING AND OTHER OFFENCES
13.1 You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
13.2 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful.
13.3 You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
13.4 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use the Website will cease immediately.
13.5 We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
14.1 Nothing in the agreement excludes our liability arising as a result of our negligence for:
14.1.1 Death or personal injury;
14.1.2 Fraud or fraudulent misrepresentation.
14.2 FITNETPRO (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
14.3 We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
14.4 Any exercise program, even in healthy individuals, carries risk.
14.4.1 You have a responsibility to exercise your own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
14.5 Any Service will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us.
14.5.1 You are responsible for informing us of any past and/or present health or medical conditions upon requesting and utilising our Services and/or Products.
14.6 Before taking any action in relation to our Services and/or Products. you must take into account any other factors apart from the Services provided of which you are or ought to be aware.
14.6.1 We recommend that you seek professional medical advice before embarking on any exercise or nutrition plan.
14.6.2 Your decisions to engage in any exercise and coaching Services should take into account any medical or other professional advice available to you as well as using your own personal judgment as to what activity is safe for you to engage in.
14.7 The information set out in any Service may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
14.7.1 Where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
14.8 Any information that we provide that does not form part of a Service, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
15.1 You agree that the use of the website and/or the FITNETPRO Service is at your sole risk and that any advice that may be posted on the website and/or the FITNETPRO Service is for informational and entertainment purposes only and will not create any warranty not expressly stated herein.
15.2 You agree to defend and indemnify FITNETPRO to hold us and our affiliates harmless as well as indemnifying our respective directors, contractors and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from or related to your use of our website or services,
15.3 Nutrition & Fitness:
15.3.1 The nutrition advice given by FITNETPRO Is based on the information you provided by completing and submitting this questionnaire.
15.3.2 You understand it is your responsibility to provide complete and accurate information.
15.3.3 You further understand and acknowledge FITNETPRO provides general nutrition education and coaching and is not a medically supervised program or a licensed dietetics company.
15.3.4 You understand any menu program created for you by FITNETPRO is simply a recommendation and you are volunteering to participate or follow advice, meal plans or exercises suggestions.
15.3.5 You understand that results are individual and may vary.
15.3.6 You should not exercise beyond your own abilities.
15.3.7 If you know or are concerned that you have a medical condition, which might interfere with you exercising safely, you should get advice from a relevant medical professional and follow that advice before using FITNETPRO Services.
15.3.8 The information provided through the Website and/or Service may contain general health information.
15.3.9 This website and/or service does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care.
15.3.10 All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your health care professional.
15.3.11 You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to the Website and/or the Services.
15.3.12 You represent that you are in good physical condition and may have no medical reason, impairment, or disability that might prevent you from using all FITNETPRO services.
15.3.13 You acknowledge that FITNETPRO did not give you medical advice before you enrolled, and cannot give you any after you enrol, or discuss them with your doctor before participating in any programming.
15.4 Nutrition Assumption of Risk:
15.4.1 You recognise that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts.
15.4.2. You have therefore specified any food allergies or sensitivities you are aware of.
15.4.3. You are aware that specific foods may interact with certain medications.
15.4.4. You have discussed such food reactions and the side effects of all medications with your doctor and do not hold FITNETPRO responsible for food and medication reactions.
15.4.5. You also understand the nutrition plan you receive will not take your medications into consideration. If you are on medications, you are responsible to consult your doctor before starting a new nutrition plan.
15.4.6. If you are pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery a family history of gout or any other medical condition that requires special dietary restrictions, you must receive permission from a physician before participating in the specific nutrition program designed for use, or may be advised to seek help from another health professional.
16. DATA PROTECTION POLICY
16.1 We request that all personal information that you provide is accurate, current and complete.
16.2 We will hold any information that is collected using the Website including sensitive and personal information in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.
16.3 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
16.4 Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy.
17. INTELLECTUAL PROPERTY & COPYRIGHT POLICY
17.1 By providing any content for distribution by us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
17.2 The format and content of the Website is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
17.3 This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
17.4 You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent.
17.5 In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.
17.6 It is our policy to respond to clear notices of alleged copyright infringement. If you are a copyright owner or an agent thereof and you believe that any content hosted on the Website and/or our Service infringes your copyrights, please contact us at the address provided below.
17.7 Please note that FITNETPRO will promptly terminate without notice any User’s or Member’s access to the Website and Services if that User or Member is determined by FITNETPRO to be a “repeat infringer.”
17.8 A “repeat infringer” is a User or Member who has been notified by FITNETPRO of infringing activity violations more than twice and/or who has had their User Content or any other User-submitted content removed from the Website and/or the FITNETPRO Service more than twice.
18. LINKS AND THIRD PARTY SERVICES
18.1 The Website and/or the App may permit you to link to other applications or third party websites.
18.2 Access and use of third party services, including the information, material, products, and services on third party services or available through third party services, is solely at your own risk.
18.3 FITNETPRO has no control over Third Party Services, You acknowledge and agree that FITNETPRO 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 upon, any such content, goods or services available on or through Third Party FITNETPRO Services.
19. INTERNATIONAL USE
19.1 You shall comply with all foreign and local laws and regulations, which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
20. MODIFICATION OF TERMS OR SERVICE
20.1 FITNETPRO reserves the right, in its sole discretion, to change, modify, add, or remove portions of this Agreement at any time and for any reason without notice to you and by simply updating this page.
20.2 If we make changes in the way we use personal information, we will notify you by posting an announcement on our site.
20.3 Users are bound by any changes to the T&Cs when using or otherwise accessing the Website or the App after such changes have been first posted. It is recommended that you periodically check the T&Cs.
20.4 Your continued use of or access to the Website and use and/or purchase of our Services after the posting of changes will be construed as your acceptance of the revised
20.5 FITNETPRO reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and/or the FITNETPRO Service (or any part thereof) with or without notice.
20.6 You agree that FITNETPRO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or the FITNETPRO Service.
21.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
21.2 If you breach these T&Cs and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
21.3 We will not be responsible for any breach of these T&Cs caused by circumstances beyond our reasonable control.
21.4 We may make changes to the format of the Website at any time without notice.
21.5 FITNETPRO may provide you with notices, by email or mobile app push notifications
21.6 Entire Agreement. This is the entire agreement between you and FITNETPRO relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
21.7 The Agreement shall not be modified except in writing, or by a change to the Agreement made by FITNETPRO.
21.8 Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
21.9 Claims. You and FITNETPRO agree that any cause of action arising out of or related to the website and/or the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. QUESTIONS OR CONCERNS
22.1 If you have any questions, comments, or concerns about our Terms & Conditions, Privacy and Data Protection or the information collection and usage practices of this Website, please contact us. Email: firstname.lastname@example.org. We will make every effort to resolve your concerns in a timely manner.
FitnetPro Ltd: Terms & Conditions last updated by Admin, 11/6/2018