THIS COACHING SERVICES TERMS AND CONDITIONS (the “Terms and Conditions”) was last updated in March 2020, and relates to the online coaching services of Reframe Club, a partnership with its main office at 2 Devonshire Buildings, Bath, BA2 4SP (the “Company”).
By proceeding to purchase and/or use our online coaching services, you (the “Client”) hereby agree to the terms and conditions contained herein. If you do not agree with these Terms and Conditions, please do not purchase the Services. By ticking ‘accept’ to these Terms and Conditions, the Client is agreeing to be legally bound by these Terms and Conditions.
We reserve the right to revise and update these Terms at any time. You should periodically review these Terms. Your continued use of the Website constitutes your acceptance of, and agreement to, any revised Terms.
You must be at least 18 years old to use the Website. If you are under 18 years old, you must not create an account or use the Website. By agreeing to these Terms and Conditions you confirm that you are 18 years old or over.
1. SERVICES AND CONFIDENTIALITY
1.1 The Company offers online health and fitness tutorials which includes, but is not limited to, slide shows, audio files, and videos on nutrition, mindfulness and fitness (the “Services”).
1.2 The Company provides the Services via a learning management system (the “Platform”), whereby the Client can learn about various topics relating to nutrition, mindfulness and fitness. The Client is also provided with the opportunity to become involved with a support community on the Platform (the “Community”).
1.3 The Services have been prepared and designed by fitness, nutrition and lifestyle coaching professionals. While every effort is made to ensure the content of the Services is accurate and evidence-based, this is not warranted or guaranteed by the Company.
1.4 The Company reserves the right to amend the content or delivery of the Services as it sees fit in order to deliver the best possible service to the Client, or in order to comply with law or regulation.
1.5 Subject to these Terms and Conditions, the Client will, always, maintain the strictest confidentiality of the training methods, techniques, proprietary information and trade secrets provided by the Company to the Client. The Client is not to share any trade secrets, methodologies, training methods, techniques, or proprietary information to any third parties. The Client is, under no circumstances, allowed to share, disseminate, store, transfer, convey, sell, discuss, or distribute, in any way shape or form, any material given, provide or shared on the Platform. All material, trade secrets, coaching techniques, training methods, and proprietary information are owned by the Company.
1.6 The Company cannot provide guarantees that the Platform will always be available for use, as this is outside the Company’s control. The Company will not be held responsible for circumstances where the Client is unable to access the Platform.
1.7 Before commencing the Services, the Client shall be required to complete a Physical Activity Readiness Questionnaire, and will not be permitted to access the Platform without doing so.
2. PAYMENT FOR THE SERVICES
2.1 In consideration for the Services, the Client shall pay a membership fee for the Services. Such consideration shall provide the Client with membership access to the Platform and the Services as part of a monthly membership subscription, for a fee of £4.99 per month, or as part of an annual membership subscription for a fee of £49.99 a year. The Client may terminate the monthly membership subscription with thirty (30) days’ notice to the Company.
2.2 In the event that the Client wishes to cancel the Services and the access to the Platform, the Client shall not be entitled to a refund, on the basis that the Company has provided access to digital products from the time of payment.
2.5 The Company accepts payment by Stripe or via PayPal.
3. USE OF TESTIMONIALS
3.1 The Company does not, under any circumstances, warrant or guarantee any specified results, or any goals reached by the Client by using the Services. Results that the Client achieves are in no way, shape, or form, guaranteed by the Company. The Client acknowledges that results vary based on individual circumstances and the time and effort put into the Services by each individual client.
3.2 The Client hereby allows the Company to publicly use and disseminate the Client’s testimonials.
4. DATA PROTECTION
4.2 The Company complies with the requirements of the General Data Protection Regulation (2016/679) and the UK Data Protection Act 2018 in providing the Services.
5. CLIENT’S USE OF THE PLATFORM
5.1 The Company gives the Client temporary permission to use the Platform, which can be withdrawn or changed at any time in the event that the Client is in breach of these Terms and Conditions.
5.2 The Client must treat all identification codes, passwords and other security information as confidential. If the Company believes the Client has failed to keep confidentiality, the Company is permitted to disable any security information (including passwords).
5.3 The Client must not do anything which is an offence under the Computer Misuse Act 1990, otherwise the Client will lose his or her right to use the Platform immediately, and the Company will report the Client to the relevant authorities. Examples of computer misuse include introducing viruses, worms, trojans and other technologically harmful or damaging material.
5.4 The Client must not try to gain access to the Platform, server or any connected database or make an attack on the Platform. The Company will not be liable to the Client for any damage from viruses or other harmful material that the Client picks up from the Platform.
5.5 When using the Platform, the Client must not:
5.5.1 break any laws or regulations;
5.5.2 do anything fraudulent or which has a fraudulent effect;
5.5.3 copy in any way or re-sell any part of the Platform; or
5.5.4 interfere with or damage any part of the Platform, network, software or storage arrangements.
5.6 When accessing the Community, the Client’s contributions must be:
5.6.1 accurate (if they are factual);
5.6.2 genuine (if they state opinions); and
5.6.3 within the law.
5.7 The Client’s contributions to the Community must not be:
5.7.1 defamatory, obscene or offensive; or
5.7.2 likely to deceive, harass, annoy, threaten or invade someone else’s privacy.
5.8 The Client must not:
5.8.1 promote material that is sexually explicit;
5.8.2 promote violence or discrimination based on race, sex, religion, nationality, age, disability or sexual orientation;
5.8.3 infringe anyone else’s intellectual property rights;
5.8.4 impersonate anyone or misrepresent anyone’s identity; or
5.8.5 encourage or assist with anything that breaks the law.
5.9 The Website and Services may contain links to external websites, and you may be offered a number of automatic links to other websites that may interest you (External and Third-Party Links and Sites). We accept no responsibility for, or liability in respect of, and make no warranty whatsoever as to, the content, security, privacy practices, accessibility, or terms and conditions of External and Third-Party Links and Sites. You agree and acknowledge that if you access, use, or rely upon any External and Third-Party Links and Sites you do so entirely at your own risk.
5.9.1 Third Party Content: Other users of the Website and Services, third party advertisers and other third parties may from time to time post or publish information or content (including advertising material) on the Website (including without limitation Recipes, Nutrition Guidance or through the Services (Third Party Content). We make no representation whatsoever as to the accuracy, quality or otherwise in respect of any Third-Party Content. You agree and acknowledge that any use or reliance upon any Third Party Content is entirely at your own risk.
6. LIABILITY AND GENERAL PROVISIONS
6.1 The Company’s liability under these Terms and Conditions shall be limited to the price paid by the Client for the Services.
6.2 The Client is advised to consult a medical practitioner prior to commencing the Services. The Company is not a medical professional and is at no time deemed to provide the Client with medical advice. If the Client has any concerns about his or her health, the Client is responsible for bringing this to the attention of a medical professional.
6.3 The Client acknowledges and appreciates that any new exercise or eating programme may involve a risk of injury or illness, and holds harmless the Company against any claims that the Services has caused any such injury or illness. The Client accepts all responsibility for any injury he or she might sustain while participating in any exercises mentioned on the Platform. The Client understands that he or she may be exercising in his or her own home, at a fitness facility or outdoors, and the Company accepts no responsibility for any issues regarding health and safety in any of these locations.
6.4 Nothing in these Terms and Conditions shall exclude any liability under the law that cannot be excluded.
6.5 The parties hereby agree that these Terms and Conditions, and any non-contractual obligations arising hereunder, shall be governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction.
6.6 These Terms and Conditions represent the entire understanding and agreement between the parties with respect to the subject matter of these Terms and Conditions, and supersedes all other negotiations, understandings, and representations, if any, may by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodies in these Terms and Conditions or any other agreement related to these Terms and Conditions and expressly references herein is of any force and effect.