Terms and Conditions of Registration

 

The following document defines the terms on which ‘Here for Fitness ‘offers you access to our services. These terms are effective from October 15th 2015 for all clients and establishments. These terms and conditions apply to the services offered from the domain and sub-domains of ‘Here for Fitness’ and from any other ‘Here For Fitness’ branded services provided for UK, US and international clients. By using the facilities on ‘Here For Fitness’ websites, you are agreeing to these terms and conditions and must thoroughly read and accept all of these terms and conditions before you may become a member of ‘Here For Fitness’. All users of the site are legally bound by these terms and conditions. It is imperative that you read these terms and conditions thoroughly; by accepting these terms you also agree that your use of ‘Here For Fitness’ branded websites may be governed by separate terms and conditions, the acceptable use policies and privacy policies. These terms and conditions constitute a legally binding agreement between you and ‘Here for Fitness’’.

 

Definitions

In these terms the subsequent words shall have the following meanings:

"All Parties" - Both the Client and the Trainer/Gym together (also referred to as Any Party).

"Assignment" - Services carried out by Trainers and their Sub-Contractors, for or on behalf of clients.

"Company" - ‘Mr Miyagi LTD’ trading as ‘Here for Fitness’ or 'Hereforfitness', a registered company in England and Wales with the registered company number: ‘09546189’. Where the context so permits, its owners, employees, partners, related and contracted persons, establishments or businesses supplying services to The Company.

“Expertise" means the skills and expertise which the Trainer informs us it has and which may benefit an Individual.

"Individuals" - Individual, individuals, businesses or other groups using the Facilities of the Company and any third party who requests to obtain any form of fitness and sports exercise and training facilities in order to be able to issue details of Assignments to Trainer with a view to using the services of the Trainer and their Sub-Contractors.

"Information" - Any information the Customer provides to the Company or other users of the facilities in relation to the Company's Service comprising of information provided during registration, Assignment listings, the rating of Trainer and any other communication procedures arising as a consequence of a Customer's use of the Services or the Website.

"Lead" - Details of a customer looking for the Proficiency of an Instructor.

"Membership" - Any User of the site that has registered online with Hereforfitness to create an online account is a "Member". Members or Membership will involve signing up to a free account or a paid account. Payment Terms apply (see clause 17).

"Payment Terms" - The Company's Payment Terms valid to payments a Member or User makes to the Company, as revised from time to time as referred to in clause 17.

"Privacy Policy" - The Company's Privacy Procedure as revised from time to time.

"Service(s)" - The facilities, procedures and information provided and used by the Company for the advantage of Customers and Instructors and encompasses, but is not exclusive to: information, merchandises and facilities provided by telephone, fax or mail, on the Website and by E-mail additional details of which are contained within the Terms and Conditions and in other parts of the Website.

"Sub-Contractor(s)" - Contractors, sub-contractors, and sole traders, or any other individual or business (or contemplated by the Trainer to be likely to work) with or for or on behalf of a Instructor in conjunction with an Assignment.

"System(s)" - The software, hardware, batch programs, and automated procedures that are used by the Company in order to provide components of the Provision.

"Suspend(ed)" - The suspension of a customer or an instructors account with the Company.

"Term" The length of the membership of an instructor with the Company as detailed in the Membership Confirmation issued to the Instructor including any introductory period and / or continuation period (as applicable).

"Terms and Conditions" - This User Agreement and the Privacy Policy.

"Third Party" or "Third Parties" -  Individual, individuals, business or businesses, websites or any other business or enterprise that is being referred to, in the context of the Terms and Conditions, as being other than the Company or a Consumer or Trainer or a Sub-Contractor.

"Instructor" - Any third party who offers any form of fitness and sports exercise and training services.

"Instructor Information" - Any information relating to the Instructor and/or its Sub-Contractors which the Instructor provides to the Company or to other consumers of the Website as part of the involvement and communication of the Trainer in and with the Company's Service comprising of information provided during registration, Assignment listings, the rating of an Instructor and any other communication procedures arising as a result of the use of the Services or the Website by the Instructor.

"User" - Any User of the site.

"Website" - The website (www.hereforfitness.com), web space, pages, applications and social media applications and their corresponding contents and graphics available via the internet and/or handheld interactive client electronic devices comprising of but not partial to smart phones and tablets, and/or interactive television devices, and which are under the editorial control of authorised members of the Company at Hereforfitness.

"You" - Any User of the Website.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

1. Terms of website use 

(A) These terms of use (together with the documents referred to within the terms of use) inform you of the terms of use on which you may make use of our website ‘Here for Fitness’ (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

(B) Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. It is highly recommended that you print a copy of this for future reference.

(C) By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you should not use our site.

 

2. Other applicable terms 

(A) These terms of use refer to the following additional terms, which also apply to your use of our site:

(B)  Our Privacy Policy (http://www.hereforfitness.com/privacy-cookies), which lays out the terms on which we analyse any personal data we collect from you, or that you provide to us. By using our site, you agree to such processing and you warrant that all data delivered by you is accurate.

(C)  If you are a registered user as a Member of our site, either an Individual or an Instructor, our Terms and Conditions of Registration (http://www.hereforfitness.com/terms-conditions) and our Acceptable Use Policy (http://www.hereforfitness.com/acceptable-use-policy) will also apply to you.

 

3. Our Services 

(A) Our website provides a method by which Individuals connect with Instructors over the Internet and is operated by the Company. We provide an online auction facility vehicle through which Individuals and Trainers connect with each other ('the Services'). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.

(B)  We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.

 

4. Our role 

(A) Our site is a station for Individuals to post an Assignment to us. Upon receipt of an Assignment we shall generate a Lead which shall be issued to a Trainer. The Trainer may then contact the Individual in relation to the Lead and deal with Assignment.

(B) We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the services displayed or referred to on our site. Any disputes between Instructors and Individuals are just that: we will not become involved and will not intervene at any occasion. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or services on your behalf and this is a feature of the relationship between you and us that you willingly accept.

 

5. Information about us 

(A) Our site connects users who are looking to receive any form of fitness and sports exercise and/or training (Individuals), with those who provide fitness and sports exercise and training services (Instructors).

(B) Our site is a place for Instructors to make contact with Users with a view to forming a contractual relationship with them. We do not have and never intend to have any contractual immersion in the transactions between a User and an Instructor/Gym.

(C) We are a limited company.

 

6. Changes to our site 

(A) We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

(B) We do not guarantee that our site, or any content on it, will be free from inaccuracies or omissions.

 

7. Changes to these terms 

We may revise these terms of use at any time by amending this page.  Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

 

8.1.  Social and Account registration terms

(A) You are obligated to register with us by filling in the registration form on our home page and submitting it to us. Only those over the age of 18 are entitled to enter into legally binding contracts and as a result only those over the age of 18 are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

(B)  On occasions certain Individuals and Instructors will be refused access to the Services. Such suspensions shall be within our sole discretion.

(C)  The Company carries out certain verification checks on Instructors as more specifically set out in this User Agreement although cannot guarantee any specific Instructor s information or trade accreditation or registration/qualification on the Individuals behalf nor whether any such certification is still effective or applicable to the Individual or Sub-Contractor undertaking the Assignment at the time that an Assignment is undertaken.

(D) Not withstanding the checks carried out by the Company, it is the responsibility of Individuals to satisfy themselves that the Instructor is suitable and has appropriately qualified and certified personnel or Sub-Contractors to complete the Assignment prior to accepting a quote. Where a specific accreditation or registration or CRB clearance is required to be held by a Instructor for a particular Assignment the Company strongly advises the Individuals to request evidence of the applicable accreditation or registration from the Instructor prior to the Instructor commencing the Assignment, in accordance with the checklist submitted to the Individual by the Company prior to the commencement of the Assignment.

 

8.2. 

(A) The Company takes no liability for any failure by the Individual to carry out appropriate checks in relation to an Instructor.

(B) In order to maintain a high level of security, ‘Here For Fitness’ users are required to provide their real names and information when filling in the registration. The following are assurances you make to us concerning registering and maintaining the security of your account:

(C) You will not provide any dishonest personal details on ‘Here For Fitness’, or register an account for anyone other than yourself without consent.

(D) You will not register more than one personal account.

(E) If we deactivate your account, you will not register another account without our authorization.

(F) You will not use ‘Here For Fitness’ if you are under 18.

(G) You will not use ‘Here For Fitness’ if you are a convicted sex offender.

(H) You will keep your contact details correct and up-to-date.

(I) You will not distribute your password, you will not allow anyone else access to your account, or do anything else that might risk the security of your account.

(J) You will not handover your account to anyone without first being awarded with our written permission.

 

9. Information you provide 

(A) You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any information you provide to us or other users of our Facilities, for example during the registration, or details of any Assignment or Lead process.

(B) Such information shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programmes and shall not link to any other websites. Without limiting the above, all information you provide must be accurate and complete and all registration details must contain your correct name, address, company details, registration number and VAT number and other required details.

 

10. Your account and password 

(B) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security processes, you must treat all such information as confidential. You must not disclose it to any third party.

(C) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

(D) If you know or suspect that anyone other than yourself knows your user identification code or password, you must immediately notify us at This email address is being protected from spambots. You need JavaScript enabled to view it.

(E) You are solely responsible in all respects for all use of protecting the confidentiality of any email verification number and password which may be given to or designated by you for use on our site. You must not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.

(F) We use third party services to secure and protect your credit card information and support your experience of the site. Nevertheless, any losses suffered or sustained by you in conveying information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the site, in order to prevent security issues.

 

11. Accessing our site 

(A) Our site is made available free of charge to individuals.

(B) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be accountable to you if for any reason our site is unavailable at any time or for any period.

(C) You are responsible for making all arrangements necessary for you to have access to our site.

(D) You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

12. Uploading content to our site 

(A) You own all of the content and details you post on ‘Here For Fitness’ and you can control how it is shared through your account settings.

(B)  When you upload content or detail using the Public setting, it means that you are permitting everyone, including users of ‘Here For Fitness’, to access, use that information, and associate it with you (i.e., your name and profile picture).

(C)  All users are also governed by the following guidelines.

(D) Each time you make use of a feature that permits you to upload content to our site, or to make contact with other users of our site, you must conform to the content standards set out in this Acceptable Use Policy (http://www.hereforfitness.com/acceptable-use-policy). 

(E)  You license that any such contribution does comply with those standards, and you will be responsible to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

(F)  Any content you upload to our site will be thought off as non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

(G)  We also have the right to reveal your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

(H)  We will not be responsible, or accountable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

(I)  We have the right to eliminate any posting you make on our site if, in our opinion, your post does not conform with the content standards set out in our Acceptable Use Policy (http://hereforfitness.com/acceptable-use-policy).

(J) The opinions expressed by other users on our site do not represent our views or values.

 

13. Linking to our site 

(A) Users are permitted to link to our home page, so long as they do so in a way that is reasonable, following legal guidelines and does not damage our reputation or take advantage of it.

(B) You should not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

(C) You must not establish a link to our site in any website that is not owned by you.

(D) Our website shall not be framed on any other site, and you must not create a link to any part of our site other than the home page.

(E) We reserve the right to remove linking permission without notice.

(F) The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy http://hereforfitness.co.uk/acceptable-use-policy

(D) If you wish to make any use of content on our site other than that set out above, please contact hereforfitness.com

(14) Third party links and resources in our site

(A) Anywhere where our website holds links to other sites and resources provided by third parties, these links are provided for your information only. 

(B) We have no power over the contents of those sites or resources

 

15. Protecting the rights of other users

(A) At ‘Here For Fitness’ we respect everybody’s rights, and expect all users to follow suite.

(B) Users will not upload content or take any action on ‘Here For Fitness’ that disregards or abuses someone else's rights or otherwise disobeys the law.

(C)  We can remove any content or material you post on ‘Here For Fitness’ if we believe that it abuses this Statement or our guidelines.

(D) If we remove your content for violating someone else's copyright, and you think we removed it in error, we will offer you with a chance to appeal.

(E) If you recurrently disregard other users’ intellectual property rights, we will deactivate your account when deemed appropriate.

(F) You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted with our prior written permission.

(G) If you gather information from users, you must: obtain their permission, make it clear you (and not ‘Here For Fitness’) are the one gathering their information, and you must upload a specific privacy policy clarifying what information you plan to gather and how you plan on using this information.

(H) Users will not upload anyone's identification documents or sensitive financial details on ‘Here For Fitness’.

 

16. General rules governing our site 

A. To use and depend on the Services we offer all members must recognise their obligations to other users of our Services.  If you request an Assignment we shall produce a Lead and your consent is automatically given to disclose the information in the Assignment, Once you have posted an Assignment, we shall invite the Instructor to communicate with you, but we are under no obligation to guarantee that any Instructor shall contact you.

B.  If you are an Instructor and are trading as a business on our site, you must comply with all applicable laws concerning online trading, which may include without limitation the Consumer Protection (Distance Selling) Regulations 2000 or any comparable legislation in your jurisdiction.

C. We will begin delivering our Services to you as soon as you accept these terms of conditions; you will not be able to cancel these terms and conditions under the Distance Selling Regulations, once the delivery of services has commenced.

D. We shall submit a Lead to such number of Instructors as we determined in our absolute discretion. We cannot guarantee the duration, outcome or result of a Lead.

 

17. Payment 

A. All Instructors pay a monthly fee and a fee, which they receive. We will invoice Lead monthly for the Leads. All fees must be received by us in pound sterling within [15] days from the date of invoice and we are entitled to charge a late fee on any late payment at a rate of 5% above the Santander Bank plc base rate until payment is received.

B. All Persons must pay the Instructors for services using such scheme as chosen by the Instructors. However the system of payment shall be left to the preference of the Instructor in each case.

C. The Instructor’s membership shall be for a minimum term of 30 days (Initial Term).

D. If the Instructors have two choices of membership payments (1) £9.99 or (2) £0.00 each month for a minimum period of 30 days (). The cost prices are VAT [inclusive].

E. Subject to clause 9.12 the Instructor’s may withdraw memberships at any time after the Initial Period after giving a minimum of 30 days written notice; however, there are no recompenses or credits for partially used periods of the minimum or annual twelve month period.

F. The Company may offer a number of membership plans, including special promotional plans or memberships with different restrictions. Some of these promotional memberships a

G. Re offered by third parties in union with the delivery of their own merchandises and services. We are unaccountable for the merchandises and services offered by such third parties. We withhold the right to amend, terminate or otherwise modify our offered membership plans.

H. By entering a membership with the Company, you are explicitly agreeing that we are approved to charge you a monthly membership fee at the existing rate for a minimum of 30 days, and any other charges you may sustain concerning your use of the Company’s service to the payment method you provided during registration (or to a different payment method if you change your account details (“Payment Method”)). It is your concern to inform the Company of any change to your Payment Method. Please note that prices and charges are subject to alteration with notice. The term used in these terms, "billing" shall specify either a charge or debit, as appropriate, against your Payment Method. The membership fee will be billed at the start of your membership and each month. We automatically bill your Payment Method each month on the calendar day corresponding to the beginning of your paying membership. Membership charges are fully earned upon payment. In the event your membership payment began on a day not within a given month, we bill your Payment Method on the last day of such month. For example, if you began your membership or became a paying member on January 31st, your next billing date is February 28th and your Payment Method would be billed on that date. You recognise that the sum billed each month may fluctuate from month to month for reasons that may include different amounts due to promotional offers and/or altering or adding a plan, and you approve us to charge your Payment Method for such fluctuating sums, which may be billed monthly in one or more charges. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Verify with your bank and credit card issuers for details.

I. We may also occasionally authorise a Trainer’s card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. We may adjust the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these alterations by email. If you want to use a different Payment Method or if there is an adjustment in Payment Method, such as your credit card validity or expiration date, you may manage your Payment Method details by visiting our website and finding the relevant link. If your Payment Method reaches its expiration date and you fail to adjust your Payment Method information or cancel your account, you empower us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Furthermore, if your membership fee cannot be taken by the Company for whatever reason the Company shall disable your account and you shall not appear to be listed on the Website. In such event you still remain accountable for any amounts left uncollected by the Company for any remainder of the minimum twelve month period.

J. You must cancel your membership before the end of the minimum 30 days period before it renews in order to avoid billing of the next month’s fees to your Payment Method. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information) AND AT THE SAME PAYMENT SCHEME Membership fees are fully earned upon payment.

K. You may cancel your membership at any time. THE COMPANY DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS OF THE ANNUAL TWELVE MONTH PERIOD. To cancel, visit our website and find the relevant link and follow the instructions for cancellation. Termination of account will occur at the end of the currently paid subscription period.

L. We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

 

18. ‘Here For Fitness’ Free trial terms and conditions

(A) At ‘Here For Fitness’ there are two account options available for users to choose from; The basic account, and the pro account.

(B) The Pro account offers access to exclusive content, including having a personal trainer account, which allows them to search and contact other users, send personal messages, upload photos and videos, access and post blog section, and also making and sending assignments.

(C) The basic account offers the personal trainer account and access to the user search feature, however the basic account does not have the privilege of messaging users, uploading photos, or videos, cannot access blog section, and do not have the right to request or make an assignment, these features are offered only on the pro account.

(D) For a limited period of time we will offer our premium service, which is the pro ‘Here For Fitness’ account for free, all users can reap the benefits of this for a limited period of time only.

(E) Users will be duly informed with a statement explaining the offer is about to finish; 

(F) Once this free period expires users will have the chance to either sign up for the pro package, which is £9.99 (MONTHLY?)  And enjoy all the benefits we have to offer on the pro account terms; or users can choose the basic package, which is free for all users.

(G) This offer, which is made to you by ‘Here For Fitness’, permits you access to the ‘Here For Fitness’ premium service as defined in the above passage. For a period of time, which will end at our discretion only from the instant that you initiate such trial period by submitting your payment details. 

(H) By submitting your payment details you (i) accept the Free period offer and agree and consent to us using your payment details in accord with our privacy policy (ii) acknowledge and agree to all ‘Here For Fitness’ terms and conditions along with the terms and conditions of the ‘Here For Fitness’ free period.

(I) If users choose not to continue onto becoming a paying account holder of the ‘Here For Fitness’ service upon the completion of the free trial period, users will have to terminate their premium service before the end of the free trial period. 

(J) Users may only use this offer once.

(K) ‘Here For Fitness’ withholds the right, in its absolute discretion, to remove or to amend this offer and/or the ‘Here For Fitness’ free period terms and conditions at any time without prior notice and with no liability.

 

19. Termination

The company has the freedom and the right to issue a warning, temporary suspension, indefinite limit, permanent suspension or terminate contracts/memberships. We also have the right to control and prohibit you from undertaking certain activities on our site; (this includes any bids and listings). The company can remove; hosted content, special statuses connected to the individuals account and they can take legal actions to keep the individual of their site if they; 

A. Start behaving inappropriately and transgress the terms and conditions

B. Violate the company or try to violate third parties or other users

C. Take part in any fraudulent activities

D. Fail to comply with the terms and conditions by not making payments in due time

E. Attempt to breach the security hereforfitness community 

F. or reduce our or users exposures to financial or other liabilities;

G. where an unconfirmed account or enact of account, has remained so for a long time; or

I. In the scenario that you violate the term and conditions of the company you will be obliged to compensate the company for any losses or costs, including sensible legal fees in full, these include (our offices, directors, agents, subsidiaries, joint ventures and employees)

 

20. General release 

A. We act only as a preliminary service providing a platform, which allows individuals and trainers to interact together, the former to list assignments and the latter to accept them and buy them.

B. As a result we have no power over the quality, legality or safety of any advertised items or any other feature that a Trainer or Individual may use, the reliability of any of the listings or the capacity of any seller or any buyer to transact. Please do not assume that the information on our website is valid and legal only because it is listed on one our website.  We do not take part in the actual transaction between Individuals and Trainers.

C. Thought should always be given to the dangers that arise from Internet transactions and the risks involved. You may never meet or speak to the other person involved in the transaction and, as a result, you must be careful when using the Services. We are not responsible for condition, or legal status of the listed item or whether they are subject to any condition alert security watch, outstanding finance or previous insurance write offs. The Individuals is responsible for themselves and should ensure they make all appropriate enquiries and assurances from the Trainers vice versa. 

D. In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.

E. by accepting the terms and condition it will also act as a overall release of the Company and any of its affiliates (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.

F. We will not be accountable to you in contract tort (including negligence) or otherwise of any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising directly or indirectly out of your use of, or your inability to use our sites and services

G. Furthermore, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. At times our site may contain technical mistakes or typographical errors. All liability of the Company howsoever arising for any such mistakes or errors is expressly excluded to the fullest extent permitted by law.

H. Notwithstanding the foregoing, none of these terms and conditions are intended to limit the rights of consumers under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

I. Though we try to verify the accuracy of the information provided by our Users, to verify users on the Internet is difficult. The Company cannot and does not confirm and is not responsible for ensuring the accuracy or truthfulness or users purported identities or the validity of the information that they provide to us or post on our sites.

J. You agree to not hold the Company responsible for any loss that may occur as a result of us taking any of the actions set out in clause 13 nor for other users, actions or inactions, including without limitation things they post.

 

21. General Disclaimer 

(A) The Individual recognizes that it is their responsibility to:

(B) Specify and describe their assignment that are necessary and take responsibility for the accuracy and completeness of the assignment.

(C) Choose a Trainer and negotiate the terms of any Assignment to be performed by the Trainer (or any of its Sub-Contractors) they have selected and that the Company makes no guarantee regarding the completeness of goods or services purchased or attained through listing an Assignment on the Website or via the Services or any transactions entered into through its Website.

(D) As the Individual retains the right to change or extract its Assignment in the absence of a contract or other binding agreement with a Trainer, the Company makes no guarantee as to the availability or suitability of a specific Assignment.

(E) The Company depends on data provided by the Individual and Trainers to determine which Trainers are included in the database accessible via the Website and does not recommend or endorse any specific fitness professional or Centre.

(F) Whilst the Company shall endeavour to do so, it does not guarantee that the Trainer is the best choice to undertake that assignment nor will contact the Individual whether by reason of geographical restrictions or otherwise.

(G) The Company cannot guarantee that a Trainer to whom it has published an Individuals Assignment information will contact the Individual.

(H) The Company cannot accept any liability in respect of any contract or other sorts of agreements that are made between the Individual and the Trainer. In particular, but without limitation, the Company can accept no liability relating to the quality or skill of any Assignment performed or withdrawn to be performed by any Trainer (or any of its Sub-Contractors) and accordingly shall not be liable to any party for any dispute, act or omission resulting from any dealings between the Individual and the Trainer and/or their Sub-Contractors including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Individual  howsoever arising.

 

22. Intellectual property rights 

(A) We own the licensee of all intellectual property rights in our site, and in the material published on it.  Copyright laws and treaties around the world protect these works.  All such rights are reserved.

(B) You might print off one copy, and might download extracts, of any page(s) from our site for personal use and you may draw the attention of others within your organisation to content posted on our site. 

(C) You must not change or alter the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

(D) Our status (and that of any recognised contributors) as the authors of content on our site must always be acknowledged

(E) You shall not use any part of the content on our site for marketable purposes without obtaining a licence to do so from our licensors or us.

(F) No approval is given by the Company in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights

 

23. No reliance on information 

(A) The content that we provide on our website general information only. It is not intended to give advice on which you should rely on. You must attain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

(B) Although we make realistic efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

24. Limitation of our liability 

(A) Nothing in these terms of use omits or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be omitted or limited by English law.

(B) To the degree acceptable by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

(C) We will not be accountable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 

(D) Use of, or failure to use, our site; or

(E) Use of or dependence on any content displayed on our site.

(F) If you are a business user, please note that in particular, we will not be responsible for:

(G) Loss of profits, sales, business, or revenue;

(H) Business interruption; 

(I) Loss of anticipated savings;

(J) Loss of business opportunity, goodwill or reputation; or

(K) Any indirect or significant loss or damage.

(L) If you are a consumer user, please note that we only offer our site for domestic and private use. You agree not to use our site for any marketable or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(M) We will not be responsible for any loss or harm caused by a virus, 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 our site or to your downloading of any content on it, or on any website linked to it.

(N) We take up no responsibility for the content of websites linked on our site. Such links should not be deduced as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

25. Viruses and technical issues

(A) We cannot guarantee that our site will be safe or free from bugs or viruses.

(B) You are accountable for configuring your information technology, computer programmes and platform in order to access our site. You ought to use your own virus protection software.

(C) You shall not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 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 right to use our site will cease immediately. 

 

26. Applicable law 

A. All consumers should note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

C. All businesses should note the terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

27. Events beyond our control 

(A) Hereforfitness Limited will not breach our own terms or otherwise be held accountable for any interruption in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

(B) If any part of the terms of this agreement is unenforceable (including any provision in which we exclude our liability to you) such provisions shall be struck out and to the enforceability of any other part of these circumstances will not be affected.

(C) The companies terms, along with any document expressly referred to within its provisions, contains the complete agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

(D) Anyone that is not part of the company has no right under the Contract (Rights of Third Party’s) Act 1999 to enforce any term of these terms and conditions but this does not effect any rights or remedy of a third party which exists or is available apart from that Act.

(E) Within our discretion, we may transfer our rights and obligations under this agreement without your prior expressed consent, provided that we assign these terms and conditions on the same terms or terms that are no less advantageous to you.

(F) These documents were created solely by the company and no agency partnership joint venture employee/employer or franchisee/franchisor relationship is intended or created by these terms and conditions.

 

28.  Dispute Section 

(A) If anyone brings a claim against us related to your actions, content or information on Here For Fitness, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Here For fitness and are not responsible for the content or information users transmit or share on Here For Fitness. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Here For Fitness. We are not responsible for the conduct, whether online or offline, of any user of Here For Fitness.

 

29. Amendments

(A) We may revise these terms of use at any time by amending this page.  Please check this page from time to time to take notice of any changes we made, as they are binding on you.

(B) We will strive to notify all users prior to publishing any changes to these terms and give you the chance to read, accept and comment on the amended terms before continuing to use our Services.

(C) Your persistent use of the ‘Here For Fitness’ Services, following notice of the changes to our terms, rulings or guidelines, represents your acceptance of our modified terms, rulings or guidelines.

 

30. Statement of agreement

(A) By using the facilities on ‘Here For Fitness’ websites, you are agreeing to these terms and conditions and must have thoroughly read and accepted all of these terms and conditions before you may become a member of ‘Here For Fitness’. 

(B) All users of the site are legally bound by these terms and conditions. It is imperative that you have read these terms and conditions thoroughly; by accepting these terms you also agree that your use of ‘Here For Fitness’ branded websites may be governed by separate terms and conditions, the acceptable use policies and privacy policies. 

(C) These terms and conditions constitute a legally binding agreement between you and ‘Here for Fitness’’.

 

 

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To contact us, please email hereforfitness.com

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