AGREED TERMS
Your attention is particularly drawn to the provisions of clause 9 (Limitation of liability).
1. About us
1.1 Company details. G2GTRAINING (company number 12946378) is a company registered in England and Wales and our registered office is at 17 HITCH LOWES, CHELFORD, SK119SR. We operate the website WWW.G2GTRAINING.ORG
1.2 Contacting us. To contact us, telephone our customer service team at 07894489307 or email us at G2GTRAINING SUPPORT [email protected].
1.3 Professional indemnity insurance. We maintain professional liability insurance. Our compulsory insurer is SIMPLY BUSINESS, and our policy number is MHGB2609116XB1
2. Our contract with you
2.1 These terms and conditions (“Terms”) apply to the supply of Services by us to you (“Contract”).
2.2 Our Services will be provided through our Website which provides an online personal training service through which you can purchase [fitness e-books, online video courses and tailored fitness and diet programs].
2.3 The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.4 Our Terms may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms in full at the time you use the Website. If you do not accept the amended Terms then you must cancel your registration or subscription and the previous terms will continue to apply pending termination.
2.5 These Terms and the Contract are made only in the English language.
3. Our services
3.1 We will offer through the Website the following services (the “Services”)
3.1.1 e-books;
3.1.2 videos;
3.1.3 training guides;
3.1.4 online coaching;
3.1.5 meal plans; and
3.1.6 individually tailored personal plans (each a “Personal Plan”)
(each a relevant Product).
4. Fees
4.1 The subscription amount is [£10 -£60 monthly] to be paid in advance for each month and via [direct debit/PayPal] with the option to pay the first [three months] in advance for a discounted rate]
4.2 We reserve the right to make subscription increases and will provide one month notice of any planned increase.
5. Complaints
5.1 If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy, see [COMPLAINTS POLICY LINK].
6. Registration
6.1 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.
6.2 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 [email protected].
1.5 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.
6.3 We will process your personal information in accordance with our [DATA PROTECTION OR PRIVACY POLICY LINK], the terms of which are incorporated into this Contract.
7. Licence
7.1 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):
7.1.1 access video on a streaming only basis;
7.1.2 access and download e-books; and
7.1.3 access and download personalised fitness plans.
7.2 You are not permitted to share any of the content licensed under these terms with any other individuals.
7.3 Except for the foregoing limited license, no right, title or interest shall be transferred to you.
8. Website Conduct
8.1 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.
8.2 You must not misuse the Website 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 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.
8.3 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.
8.4 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.
9. Limitation of liability
9.1 We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
9.2 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.3 G2GTRAINING (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.
9.4 We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
9.5 Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
9.6 Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
9.7 Any Personal Plan 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. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
9.8 Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
9.9 You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
9.10 This clause 7 will survive termination of the Contract.
10. Confidentiality
10.1 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
11. Cancellation
11.1 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.
11.2 If you want to cancel your contract with us, please let us know by emailing us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address, informing us of the reason you wish to cancel.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event
Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
13. Expected results
13.1 All exercise programs depend on the individual. Result 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. We therefore provide no warranties of any kind, express or implied, as to:
13.1.1 the effectiveness any techniques, diets or programmes that we deliver; or
13.1.2 the results that you may achieve as a result of following our programs.
14. Data Protection
14.1 We request that all personal information that you provide is accurate, current and complete.
14.2 Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.
14.3 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.
15. General
15.1 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
15.2 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.3 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.4 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.