SERVICE TERMS AND CONDITIONS for USHACFITNESS 

APPLICABLE TO CONSUMERS (“END USERS”) IN THE UNITED KINGDOM ONLY

 

General

ushacfitness provides bespoke face-to-face and online personal training. We do not make new diagnosis, provide any medical advice on your current treatment, or initiate any medical treatment. We do not treat any acute injury or provide any acute interventions. We strongly advise that you contact your General Practitioner (GP), or the emergency services., if you have any concerns about your medical condition or treatment. The Services and any lifestyle or dietary advice are provided within the context of ushacfitness services and in no-way replaces any medical intervention provided by your General Practitioner (GP) or the NHS or any intervention or advice by a registered dietician. 

If you have any questions about our service, please contact us by emailing info@ushacfitness.co.uk

 

1) WHO WE ARE?

We are a limited company registered in England and Wales under company number: 15528726

1. With our registered office at 80 Field Lane, Frimley, GU16 8JZ.

2. These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to the access and use of the website located at https://www.ushacfitness.co.uk/,  https://www.trainerize.com and the Trainerize mobile software application (owned and operated by TSR Gym Technik Ltd. and its affiliates (“Trainerize”, “we”, “our” or “us”), and the services available thereon, including without limitation the services described in the ‘Service Description’ Clause below (the “Service”). 

3. You may contact ushacfitness by email at info@ushacfitness.co.uk . 

4. You may also reach us by telephone at 07900219287, but you may be charged additional fees by your network operator. We are not liable to you for any such charges. 

2) WHO THESE TERMS APPLY TO

1. This Agreement applies to consumers in the United Kingdom who are the intended end users of this service. If you are based elsewhere, then these terms and conditions do not apply to you as you are not the intended end user and any use of the services are at your own risk and responsibility.

2. You are a consumer if you are an individual acting for purposes that you have registered to use the Service for the purpose of accessing, obtaining or otherwise acquiring fitness training, meal planning or other related services from ushacfitness. Consumers are referred to as “End Users” in this Agreement.

3) UNDERSTANDING THESE TERMS

1. This Agreement sets out your rights and obligations when accessing or using both the ushacfitness (and trainerize Sites and app/or their Services under ushacfitness agreement).

2. By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must not access or use the Sites or the Services.

3. In order to access or use the Sites or the Services, you must be aged 18 or over. If you are under the age of 18 years old you may receive our Services only with the consent of your parent or guardian.

4. This Agreement is made in the English language only.

4) CHANGES TO THESE TERMS

1. We may make changes to this Agreement from time to time (this may be, for example, to reflect changes in law or commercial practice, or to deal with additional features that we introduce). All updated terms and conditions will be easily visible on https://ushacfitness.co.uk with the most current updated versions, dated.

2. If you disagree with any amendments, you may terminate this Agreement in accordance with your termination rights set out in the ‘Cancellation and Termination’ Clause of this Agreement with written notice before the end of the paid period. 

From time to time, updates to the website and mobile app may be issued through the relevant app store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and accepted any new terms.​

5) SERVICE DESCRIPTION

1. The Service is the provision by ushacfitness of access to and use of a platform that facilitates communications, interactions and transactions between ushacfitness and you the End Users, for the purpose of enabling ushacfitness to monitor, coach, train and communicate with you the End Users, and enabling End Users to access workout and meal plans, track their progress, access their appointments and classes, buy products, and more. Personalised plans developed for a sole End User by ushacfitness, is based on information provided by the sole end user on his/her lifestyle/medical health questionnaire. It is the responsibility of the End user to ensure that all information is accurately provided and any changes in their condition/health is given in written notification to ushacfitness immediately; and when necessary or if advised, seek assessment from their medical practitioner. 

2. All personalised programs developed by ushacfitness if for one end user only. Any use of the services outside the recommendations are at your own risk and responsibility.

3.  The service provision by ushacfitness for the End User to also access the use of the platform https://www.ushacfitness.co.uk/

4. Ushacfitness may provide on the said platform https://www.ushacfitness.co.uk/ information on health, lifestyle, exercise and other appropriate materials that might be found useful to the End User. The articles/information/blog is based on current guidance and evidence-based practice at time of writing of the article. Any links or connections to other resources are outside the scope of ushacfitness and ushacfitness is not responsible for any of these platforms, interactions or control of the quality or update of these provisions for the End User and any use of these services are at your own risk and responsibility. 

5. Smart Meal Planner:

• Included as part of the Service is a tool that can be used by ushacfitness to generate meal plans and healthy eating recommendations (the “Smart Meal Planner”). If you have elected to utilize the Smart Meal Planner, you acknowledge and agree that:

• the Smart Meal Planner is not a diagnostic tool or medical device;

• the Smart Meal Planner should not be used for the diagnosis, prevention, monitoring, treatment, alleviation, cure or mitigation of any disease, health or medical condition, injury, disability or physiological or pathological process or state;

• any recommendations provided by ushacfitness through the Smart Meal Planner are not intended to be a substitute for professional medical advice, diagnosis or treatment and you should:

• review and consider the appropriateness of such recommendations before implementing them; and 

• discuss questions about any medical condition or health concern with your physician or other suitable medical professional; and

• you are solely responsible and liable for the information you input into the Smart Meal Planner, and you understand that the accuracy, suitability and safety of the meal plans and recommendations generated by the Smart Meal Planner Service may be negatively impacted if the information you input and provide is inaccurate or misleading.

• Ushacfitness makes no guarantees regarding the accuracy of caloric and other food nutritional information provided through the Smart Meal Planner or otherwise provided through the Site, or other platforms or Services. All such information is sourced from third-party food vendors and restaurants and these platforms have their own terms & conditions and regulations for End Users.. Ushacfitness cannot control the quality, quantity or consistency of foods served and sold by such third parties.

6. When using the Service, you acknowledge and agree as follows:

• if you have an emergency, have an urgent health concern or need to obtain medical advice, you should refrain from using the Service and should immediately contact your physician (GP) or go to the nearest hospital;

• the information contained within the Service and the content on the Site https://www.ushacfitness.co.uk/ is intended to be general in nature. Nothing contained within the Service site or the content constitutes medical advice, and you should not rely on anything contained within the Service or the content as a substitute for appropriate and timely contact with your physician;

• Ushacfitness does not make any representations or warranties and are at your sole discretion and risk with respect to: 

  • content forming part of or provided through the Service site  https://www.ushacfitness.co.uk/ without limitation work-out plans, exercise videos, health and lifestyle advice and other similar content, whether or not provided by or on behalf of ushacfitness, if used outside the recommendation/guidelines or  for any unsupervised use of the services (personal training); or 

  • any third party you interact with through or in connection with the Service, including without limitation their quality, expertise, education or level of certification; 

7.  you should never change or stop any course of medical treatment without first consulting your physician; and

8.  participating in an exercise program or diet can cause injury, and you elect to do so entirely at your own risk.

9. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Site and Service.

10. The Service may use information and data transmission networks operated by third parties to send data, information and content from a computer or device to Trainerize’s servers and Wix servers, and to serve data, information and content back to such computer or device. Depending on your wired or wireless data or similar plan with such third-party operators, you may incur charges from such third-party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and content submitted or received by your computer or device through the Service.

10. The Site, the Service, and any content on either, are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

11. The Service will be provided in accordance with (and nothing in this Agreement seeks to affect, restrict or exclude) your statutory rights. In particular, in the UK, ushacfitness agrees to carry out the Service with reasonable care and skill and adhere to all legally required obligations in relation to the Service within a reasonable time. 

12. Access to the Site and/or the Service may not be uninterrupted, timely, secure or error-free. If ushacfitness needs to suspend or withdraw or restrict the availability of all or any part of our Site or the Service for any reason (including but not limited to business, operational, maintenance and/or security reasons), we will try to give you reasonable notice. The site and services will from time to time be updated and there may be brief periods on interruptions, however, this will be limited and all attempts to avoid disruption will be made.​

6) YOUR ACCOUNT

1. Before you can interact with ushacfitness via the Site, you must sign up for a ushacfitness account (“Account”) by having details of your name, email and contact number.  

2. In order to set up an Account, you will then either receive an email which includes instructions on how to set-up your Account, or you can sign up directly using an online link where one is available to you. Your application to register an Account is an offer by you to have an account with us. After you place your order, you will receive an e-mail from us acknowledging your order and confirming whether we have accepted your offer. If we accept your offer, a legally binding contract will be formed on the terms of this Agreement between you and us in respect of your Account.

3. You agree and understand that you are responsible for maintaining the confidentiality of your email address and password. That email address and password, together with any or other user information you provide, including but not limited to your social media profiles and location, will form your “Profile Information” and allow you to access your Account. 

4. You must provide true, accurate, current and complete information about yourself, and keep it up-to-date, and you agree not to misrepresent your Profile Information. 

5. You agree not to disclose your email address or password to any third-party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying ushacfitness immediately at info@ushacfitness.co.uk

6. You agree:

   1. not to use the Site, the Service, or your Account in any way that breaches this Agreement;

   2. not to infringe our intellectual property rights or those of any third-party in relation to your use of the Account; 

   3. not to use your Account for unauthorised mass-communication such as spam or junk mail;

   4. not to misuse the Site and/or Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

   5. not to attempt to gain unauthorised access to the Site and/or Service, the server on which the Site and/or Service is/are stored, or any server, computer or database connected to the Site and/or Service;

   6. not to attack the Site and/or Service via a denial-of-service attack or a distributed denial-of service attack;

   7. not to modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Site and/or Service;

   8. not to use the Site and/or Service by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from ushacfitness for use within a third-party website or application;

   9. not to collect or harvest any information or data from the ushacfitness or Trainerize systems or attempt to decipher any transmission to or from the servers running the Site and/or Service;

   10. not to test or develop any third-party integrations with the Site and/or Service without ushacfitness or Trainerize’s express written permission;

   11. not to ‘frame’ or ‘mirror’ any part of the Site and/or Service without ushacfitnes or Trainerize’s prior written consent;

   12. not to copy, or otherwise reproduce or re-sell any part of the Site and/or Service unless expressly permitted to do so in this Agreement;

   13. not to access, query or search the Site and/or Service with any automated system, other than through ushacfitness and Trainerize’s published interfaces; 

   14. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Site and/or Service;

   15. not to make alterations to, or modifications of, the whole or any part of the Site and/or Service, or permit the Site and/or Service or any part of them to be combined with, or become incorporated in, any other programs; 

   16. not to circumvent any technical measures ushacfitnes and Trainerize uses to provide and/or secure the Site and/or Service; 

   17. not to attempt to gain unauthorized access to the computer systems of ushacfitness and Trainerize or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or Service; 

   18. not to decompile or reverse engineer or attempt to access the source code of the software underlying the Site, the Service or any other ushacfitness or Trainerize technology;

   19. not to copy, archive, store, reproduce, rearrange, modify, download, upload, create derivative works from, display, perform, publish, distribute, redistribute, or disseminate all or any part of the Site or Service;

   20. not to access the Site or Service for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site or Service; 

   21. not to access the Site or Service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;

   22. not to access the Site to upload any Content or computer code for the purposes of:

       1. causing a breach or override of security to the Site or Service;

       2. interfering with the proper working, functionality or performance of the Site or Service; or

       3. preventing others from accessing or using the Site or Service; and

   23. not to create multiple accounts to evade punishment or avoid restrictions.

7. We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the terms of this Agreement.

8. Ushacfitness does not guarantee that the Site and/or Service will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and/or Service and ushacfitness recommends that you use your own virus protection software.

By breaching Clause 6, you may also commit criminal offences. 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 access or use the Site and/or Service will cease immediately.​

7)  BUSINESS USER PAYMENTS AND PAYMENT PROCESSORS

1. Ushacfitness has elected to utilize the Service to process payments related to goods or services offered to End Users through the Service (the “Integrated Payments Service”). Processing of payments for goods or services that you the End User receive from ushacfitness through the Integrated Payments Service is provided by Stripe Payments Canada Ltd. and their respective affiliates (each a “Payment Processor” and collectively, the “Payment Processors”). 

2. All payments must be made through stripe payment process system  and will facilitate payment to ushacfitness;  such method of payment shall be considered the same as payment made directly by you to ushacfitness. 

              All payments must be made in full prior to any sessions being undertaken. 

              No payments will be taken over the phone or in person.

          3. You may only use the Service for legitimate transactions with ushacfitness. 

8)  THIRD-PARTY WEBSITES

1. The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. These other websites are not under ushacfitness control, and you acknowledge that ushacfitness is not responsible or liable for any third-party content, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ushacfitness or any association with its operators. You further acknowledge and agree that ushacfitness will 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 on any such third-party content, goods or services available on or through any such website or resource. Access and use of third-party sites, including the information, material, products and services on third-party sites are available through third-party sites, is solely at your own risk.

2. Without limiting the foregoing, the Service may utilizes certain YouTube API services, and by using the Service you are also agreeing to be bound by the YouTube Terms of Service (found at https://www.youtube.com/t/terms), as may be amended from time to time.

9)  INTELLECTUAL PROPERTY RIGHTS

1. All material available on the Site and all material and services provided by or through ushacfitness, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and ‘look and feel’, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by ushacfitness or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws. 

2. Subject to your compliance with all of the terms and conditions of this Agreement, during the term of this Agreement, ushacfitness  grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you. 

3. If ushacfitness, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service or any of its users, data, or Materials, or to your or a third-party system, then ushacfitness may immediately suspend access to or use of the Service by End Users. The suspension of use and access is not a breach of this Agreement, but we will take steps to notify you of the reasons for the suspension and an estimated duration. You acknowledge that the preservation of security, confidentiality and data is paramount. ushacfitness has no liability to you for suspending the Service under this provision. This does not affect your rights of termination as set out in the ‘Cancellation and Termination’ Clause below.

10)  PRIVACY AND PERSONAL INFORMATION

1. We only use your personal information in accordance with our privacy policy. 

11) ACCESS TO THE SERVICE VIA THE APP

1. If you access the Service via our mobile application (rather than our website for on-line packages), the following terms and conditions shall apply to you.

2. For the purpose of this Clause, "Appstore Provider" means the provider of the app store through which you have downloaded the Trainerize app (for example, Apple is the Appstore Provider if you have downloaded the app from the Apple App Store, Google is the Appstore Provider if you have downloaded the app from Google Play, etc).

3. You acknowledge and agree that:

   1. this Agreement has been concluded between you and ushacfitness (via Trainerize), and not with the Appstore Provider; 

   2. the Appstore Provider is not responsible for the app and its content;

   3. the Appstore Provider has no obligation to provide any maintenance or support in respect of the app;

   4. the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the app, including (without limitation): product liability claims; any claim that the app fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. 

4. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce the Agreement against you as a third-party beneficiary.

12)  CANCELLATION AND TERMINATION

1. You may cancel a prepaid session at any time, however, any cancellations within 24hrs prior to session, will be charged for and deducted from your package total. This applies to all sessions including personal training.

2. All cancellations with minimum of 24hrs prior notice must be made directly by email or in-app messaging to ushacfitness. 

3. Cancellation charges may be reviewed in exceptional circumstances such as medical emergencies or sever trauma with sufficient evidence and is at the discretion of ushacfitness.

4. If we cancel your session with less than 24hrs notice and cannot provide a suitable alternative, we will return the session back to your package to use at a future date.

5. You may cancel and terminate your Account with ushacfitness at any time by contacting us at info@ushacfitness.co.uk . Cancelling your Account with ushacfitness will terminate the contract that you have entered into at the end of the paid contract period (usually end of the month). On cancellation and termination of your agreement with ushacfitness, all access to services, materials and resources will terminate at the end of the paid period. 

6. ushacfitness reserves the right at any time, and without cost, charge or liability, to terminate this Agreement for any serious reason, including, but not limited to:

   1. if you fail to comply with the terms of this Agreement;

   2. if your use of the Site or Service is in violation of this Agreement or applicable laws;

   3. if your use of the Site or Service disturbs the normal operation of the Site or Service for other users; or

   4. if your use of the Site or Service attempts to circumvent our security measures. 

7. If you breach any term of this Agreement, we may immediately do any or all of the following (without limitation):

   1. issue a warning to you;

   2. temporarily or permanently remove any Content uploaded by you to the Site; 

   3. temporarily or permanently withdraw your right to use the Site and/or Service;

   4. suspend or terminate your Account;

   5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

   6. take further legal action against you; and/or

   7. disclose such information to law enforcement authorities as we reasonably feel is necessary.

8. On termination of this Agreement for any reason:

   1. your Account will be deleted;

   2. you will not have access to any information provided by you or generated by you or stored on your Account (including but not limited to your Profile Information and Content);

   3. the limited license granted to you in Clause 10.2 above shall immediately cease;

   4. you may be prohibited and blocked from creating further Accounts; and

   5. any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect at the discretion of ushacfitness

13) LATENESS

1. In the event you are late for your session, your session time will be reduced and limited to the session timings.

14)  EXPIRY and EXTENSIONS

1. All packages have an expiry as stated under each package on https://www.ushacfitness.co.uk/. This is to ensure that we can deliver all the sessions within the appropriate timeframe for you to reach your goals. 

2. . The personal training packages maybe extended but not guaranteed at the discretion of ushacfitness for:

                   -pregnancy

                   -serious illness

                   -serious injury

To extend your personal training sessions, you must contact ushacfitness by email at info@ushacfitness .co.uk; we may ask for proof to confirmation your extension. 

15) FEES and REFUNDS

1. The charges for the services are as outlined on site https://www.ushacfitness.co.uk/

2. The service charges will change from time to time and all notification will be provided in advance of any price increase on the website https://www.ushacfitness.co.uk/.  This will not affect any advanced paid services.

3. From time-to-time, ushacfitness may provide at their discretion, promotional offers; These will not be in conjunction to any current/agreed service agreements. All contracted services prior to any offers are under the initial agreed terms and conditions. 

4. We do NOT offer refunds except in exceptional circumstances, and it is at the discretion of ushacfitness. We may require supporting documentations at the time of request for any consideration. 

5. If we are unable to deliver our services/sessions for any exceptional circumstances, every attempt will be made to reschedule your bookings. In the event we are unable to reschedule, a refund will be issued for any unused personal training sessions.

 

 

Version 1: 14/09/24