These Terms and Conditions are the standard terms that will apply to all contracts between the Operator and the User.
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“App”||means the Remote Coach application software, accessed through the Remote Coach website (www.remotecoach.fit) or through the mobile application downloaded to a Device from an application store;|
|“App Provider”||means the platform from which the App is available to download;|
|“Acceptable Use Policy”||has the meaning given in Clause 8;|
|“Billing Date”||means the specified date on which payment of the Subscription Fee becomes payable to the Operator by the User;|
|“Content”||means any form of information, data or creative expression and includes, without limitation, software, photographic material, video, text, graphics, music, sounds, communications, feedback, workouts and workout data, nutritional data, training data, biometric data, interactive features, copyrights, trademarks, branding, logos and all other content of any kind that may be generated through the App;|
|“Device”||means a handheld or other type of compatible device which provides access to the App;|
|“Operator”||means Remote Coach Ltd. (registered in England and Wales under number 11408424 and whose registered office is at 50 St Mary Axe, EC3A 8FR), a company who operates and maintains the App;|
|“Personal Trainer”||means a self-employed contractor, who holds a valid and current licence to operate their Business of providing personal training services through the App, has been accepted by the Operator to provide such services and with whom the User has contracted through the purchase of a Training Subscription and acceptance of the relevant terms and conditions;|
|“Regulations”||means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;|
|“Service”||means any service offered or available through the App;|
|“Subscription Fee”||means the fee payable under a Training Subscription as set out in the App;|
|“Third Party”||means anyone who is not the Operator, including but not limited the Personal Trainer, the App Provider and anybody who has authorised access to the App;|
|“Third Party Content”||means Content published or posted on the App by anyone except the Operator;|
|“Training Subscription”||means a paid online workout and/or training program provided by the Personal Trainer through the App;|
|“User”||means an individual who has access to the App and currently holds a registered account; and|
|“User Content”||has the meaning given in Clause 7.|
- Any reference to Terms
and Conditions is a reference to these Terms and Conditions and any schedules
as amended or supplemented at the relevant time.
- A Clause is a reference to a Clause of these Terms and Conditions.
- The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.
- “You” and “Your” has the same meaning as User.
- “We”, “Our” and “Us” have the same meaning as Operator.
- Words signifying the singular number shall include the plural and vice versa.
- References to any gender shall include the other gender.
- A reference to writing or written includes email.
- User Account
- In order to use the Services, you acknowledge and agree that the following are met:
- Cancellation Policy
- A Training Subscription must be cancelled on an individual basis using the preferred method of the App Provider.
- Immediate cancellation will only occur on the cancellation terms as set out by the App Provider.
- Your Training Subscription cannot be transferred to another person.
- The Operator in its sole discretion may terminate a Training Subscription and any of its Services at any time without prior notice without incurring any liability to You or a Third Party.
- You agree that upon termination the Operator may delete all files and information related to You as a User and immediately destroy any App software in Your possession or control.
- Training Subscription Fees and Payment
- The Subscription Fee is payable on the Billing Date.
- Payment may be made using any payment method accepted by the relevant App Provider.
- You acknowledge and agree that payment of the Subscription Fee will waive the 14-day right of withdrawal from subscription to the maximum extent permitted by applicable law to ensure access to the App’s Content and Services is immediate.
- A failure to pay the Subscription Fee on the Billing Date will lead to the suspension of Your Training Subscription until the Subscription Fee is paid.
- Once the Subscription Fee has been received Your Training Subscription will resume as normal.
- All promotional Training Subscriptions will automatically convert to the normal rate at the end of the promotional term unless otherwise stated.
- Third Party
- As a User, You acknowledge and agree that the access and use of any content which is provided by a Third Party (“Third Party Content”) that may be posted or published on the App, from time to time, is entirely at Your own risk.
- Third Party Content that is made available through the App is provided directly by the Third Party and the Operator makes no representation as to the accuracy, quality or otherwise in respect of any Third Party Content.
- Intellectual Property
- You will not copy, reproduce, record, adapt, distribute, sell, modify, publish or transfer any of the Content made available by the Operator (“Operator Content”) through the App.
- All Operator Content, including its arrangement, design, selection and structure, is owned controlled or licensed by or to the Operator and is protected by the relevant copyright, trademark or patent laws.
- User Content
- You retain all ownership rights in such User Content.
- You acknowledge and agree that the Operator will not be held responsible for any User Content that is made available through the App.
- You agree that any such User Content must be in accordance with Our Acceptable Use Policy.
- Acceptable Use Policy
- You agree to:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any Third Party in relation to Your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- If the Operator considers that a breach of the Acceptable Use Policy has occurred, the Operator may take such action as they deem appropriate.
- You agree to:
temporary or permanent withdrawal of Your right to access the App;
- Immediate Issue of warning;
- Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against You; and
- Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
- The ways in which You can use the App and its Services may also be controlled by the App Provider’s rules and policies and the App Provider’s rules and policies will apply instead of these terms where there are differences between the two.
- Limitation of Liability
- You acknowledge and agree that the use or reliance on any Service is entirely at Your own risk and that the Operator bears no responsibility for Third Party Content.
- The Operator and Personal Trainer do not make any representations or guarantees that following or use of a Training Subscription or Service will bring any result intended by You.
- You acknowledge and agree that the Operator nor the Personal Trainer is providing any type of medical advice through the Service, including all Content and If You have knowledge of any pre-existing medical condition then We advise You to seek professional medical advice before using the Service.
- A Personal Trainer is required to hold valid public liability insurance and shall be responsible for any foreseeable loss or damage that You may suffer as a result of their breach of these Terms and Conditions or as a result of their negligence. Loss or damage is foreseeable if it is an obvious consequence of the Personal Trainer’s breach or negligence or if it is contemplated by You and the Personal Trainer when this contract with You is created. The Personal Trainer will not be responsible for any loss or damage that is not foreseeable.
- The Operator, through the App, only facilitates the platform within which the Personal Trainer can provide or sell Services to You as a User for Your personal and private use/purposes. Any service provided by the Personal Trainer outside of the App will not be the responsibility of the Operator.
- The Operator and Personal Trainer make no warranty or representation that products, or other goods or materials that the Personal Trainer provides or sells are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). The Operator and Personal Trainer will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions is intended to or will exclude or limit Your Personal Trainer’s liability for death or personal injury caused by Your Personal Trainer’s negligence (including that of any Personal Trainer who may be substituted by Your Personal Trainer if they are unable to provide their Services to You); or for fraud or fraudulent misrepresentation.
- Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Your Personal Trainer’s duties or obligations to You, or Your rights or remedies, or Your Personal Trainer’s liability to You, under the Consumer Rights Act 2015; the Regulations; the Consumer Protection Act 1987; or any other consumer protection legislation (as amended from time to time). For further details of Your legal rights, please refer to Your Local Citizens’ Advice Bureau or Trading Standard Office.
- Changes to Terms and Conditions
- The Operator may, from time to time, change these Terms and Conditions without giving notice and will use reasonable endeavours to inform Users as soon as is reasonably possible.
- Any complaints about the App or the Services it provides should be addressed in an email to firstname.lastname@example.org.
- Claims Waiver
- Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if You miss a payment and We do not chase You but We continue to provide Services, We can still require You to make the payment at a later date.
- If any provision or part-provision of the Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
- Third Party Rights
- Law and Jurisdiction
- The Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.
By clicking ‘I agree’, You acknowledge that You have read and accept the Terms and Conditions contained herein and wish to enter into a Training Subscription.