Terms & Conditions

INTRODUCTION

If you are a www.thefitnessplan.co.uk member, then please note that the legal entity you are entering is as follows;

“The Fitness Plan” Limited is a private Limited company which is incorporated in England and Wales with the registered company number “000000”. The address for the registered company is

100 Mainwood Road
Timperley
Altrincham
Cheshire
WA15 7JT

The following terms and conditions is a legal binding document which governs the issue of our services and our provision of the service to you. You are advised to read the terms and conditions thoroughly and carefully. This will help you understand that they contain everything you want and that there is nothing in them that you are not prepared to agree too. If you find they do contain anything that you are not willing to agree with, and then the only course of action is to not use any of the services offered by our brand. 

DEFINITIONS AND INTERPRETATIONS

The following words which are used in this statement are explained in the terminology in which they are meant to be perceived.

  • Agreement – Shall mean these terms and conditions
  • Subscription – refers to a paid fixed rate giving unlimited access to our paid services as required. This is for a limited time only, which can be 1 month, 6 weeks or 12 months, which is renewable after the purchased period where the subscription has been purchased using a bank card
  • Services – This refers to the entirety of the services available to you via any of our sites to our members, whether this be paid or unpaid
  • Paid services – This refers to all services accessible at rates quoted, by this site with a valid subscription
  • Members – refers to any or all valid registered users of our service, whether they access basic services or paid services
  • Member content – refers to the information contained in the members profile, created by the member and displayed on our site from time to time
  • Us, We, Our – This refers to our brand

REGISTRATION

To become a member of our site, there is an age limit of at least Eighteen (18) years old. All of the fields must be completed on the registration form(s). You are advised that a breach of this clause constitutes a serious breach of this agreement. Should you wish to sign up a friend to our services, you must have obtained the prior consent of this friend in order for us to process their data and provide the service to them via yourself. 

YOUR RIGHT TO CANCEL UNDER THE DISTANCE SELLING REGULATIONS

This section will only apply to you, if you are a “consumer” as defined in the ‘Consumer Protection Regulations Act 2000’, as well as being a resident in the EU. You are eligible to cancel your order for the services by giving us a written notice within five (5) working days of placing your order. A refund will be provided within 30 days of your notice. However, this right of cancellation does not apply once you have started to use the relevant services. 

USE OF THE SERVICES

Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties. To access the services, you will need a computer, laptop or a smart phone compatible with the internet. It is your responsibility to ensure that you have, and continue to have, one of these devices including the cost of using these devices. Please note that we are able to deactivate accounts of members who do not use the services for six (6) months or more. In the case of paying members, this six (6) month period begins on the date of the last pass expired.

YOUR SAFETY AND SECURITY

It is important that you understand what we cannot advise on or advisor any levels of personal fitness; it is still your responsibility for you to decide who is right for you, we are just providing the options. Furthermore, we are not contractually obliged or ethically responsible to:

  • verify the identity of persons who register as Members or use our Services
  • to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate)

As a member you are advised not to assume that any member content is accurate. A person may not be who he or she claims to be. It is the client’s responsibility to see any medical advice before using any services offered through the www.thefitnessplan.co.ukwebsite. We cannot be liable for false or misleading statements from our websites. As a member you at all times remain solely responsible and liable for the use of your identification information by third parties or for the actions or statements made through your members account, whether this be fraudulent or not. You agree to protect us against any claims of this kind. For the avoidance of all doubt, we shall not be liable if your identity is used by someone else. If you feel that there has been a breach to your account, you should notify us immediately and furthermore, change your password. 

MEMBER OBLIGATION

As a Member you agree not to:

  • Make comments, publish or broadcast member content in any form whatsoever.
  • In general not make any comment that is conflicting the purpose of our sites current rules and laws in force or acceptable norms and standards
  • Upload photographs, videos or any other material that the website supplies to a member, they must refer exclusively to the member or the third party from whom the member has expressively obtained consent for
  • Provide their email addresses to us of other people, publish or send any member content referring to other persons without having first contained their consent for doing so
  • Reveal through the services any general information that allows you to be personally identified or contacted through the service. This includes last name, postal address, email address and contact numbers
  • You agree not to use this online service for junk mail, spam mail, and the pyramid or similar fraudulent schemes

MEMBER CONTENT

At “The Fitness Plan” Limited, our aim is to put the member in control. Hence for the avoidance of all doubt it is your responsibility to decide which information to publish or to send as member content. “ The Fitness Plan” Limited cannot be held liable for any misuse thereof by any other user or third party. The information supplied by a member about themselves must be accurate and conform to the reality. The consequences of disclosing incorrect information about the member will be the sole responsibility of the member concerned. Consequently, he/she waives all recourse against “ The Fitness Plan” Limited, notably on the basis of any possible damage to the members right to his/her image, reputation or the members privacy. We reserve the right not to accept, to suspend or to remove from our services all or part of any members profile, personal ad or any other member content we deem unfit for use. We are not liable for member’s content or other activities of members which may breach the rights of other users or third parties. Other members are urged to notify us of other inappropriate content. We reserve the right not to accept, be able to suspend and be able to remove from our services a members profile for any reason we deem unfit. We also reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this agreement.

 PAYMENT TERMS

The use of the paid services assumes that the member has a subscription. People who want to join and be a member with a subscription can acquire one by either using a credit card or by other payment methods proposed by this site. The price to become a subscribed member is displayed at all times on the website, including the point where the customer is finalising the purchase. The activation of the members account will occur as soon as, or a few moments later a valid transaction is processed and completed. The member can contact the site at any time throughout the day to process a cancellation for their account. The cancellation will then take effect from the expiry date given for the active pass. All subscriptions shall be automatically renewed, unless the member notifies us of their choice to terminate their subscription at least 48 hours before the expiration date. The renewal will be performed in accordance with the manner of payment originally chosen by the member, and at the same price rate at which the member originally subscribed at. To avoid any confusion and to avoid all doubt with membership, subscribing members can avoid having their subscription auto-renewed if they contact the office 48 hours before their subscription expiration date to terminate their subscription. Members will also be able to subscribe to smartphone applications. These applications can be provided by other service providers (such as iTunes or mobile services providers) and therefore may be subject to other payment conditions than those used and available to Members on any of our sites. Any such applicable terms shall only apply to one-off purchases and all relevant terms and conditions associated with these payments will be brought to the attention of the Member prior to purchase. 

TERMINATION

A member will be able to cancel and terminate their account at any time throughout the plan, and they will not need to provide a reason for the cancellation. There shall be a link on the website designated for such purposes. Such requests will be deemed effected from the first working day after the receipt issued by us of the request for closure of the account concerned. This request will lead to no financial reimbursement of, if appropriate, any time remaining on the member’s subscription. Termination of a subscription by a member shall be effective on the applicable subscriptions expiration date provided. This means that the member must have contacted us at least 48 hours before their subscription expiration date in order to terminate their subscription. If a member were to commit a serious breach, then we hold the right to terminate the members account without any notification or warning given to the member. Such terminations will have the same effects as a termination by the member. Without prejudice to the other provisions hereof, where to member commits a breach, we will then terminate and close the member’s account seven (7) days after having sent the member an email stating that the member has unsuccessfully complied with the terms and conditions of use. Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches. The member will be informed of the termination by either email and text message, as they will be informed the same way to confirm the account is now open. Any personal data relating to the member will be destroyed at their request or upon the legal time period following the termination of the members account. As noted, members can also subscribe to a smartphone application. Smartphone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Members are urged to consult their Smartphone application for full details.

INTELLECTUAL PROPERTY

The trademarks, including but not limited to www.thefitnessplan.co.uk, the messenger, logos, graphics, articles, animations and videos featured on the website and in the provision of services are the property of www.thefitnessplan.co.uk. They shall not be reproduced, used or represented without the expressed permission of “ The Fitness Plan” Limited, or its partners, under the threat of legal action. The rights of use we condone by ourselves to the member are strictly limited to their use only. This includes, accessing, downloading, printing and reproduction on all media outlets (hard disk, floppy disk, CD-ROM, etc.). Any other use of these documents by the member is prohibited without the express authorisation of “ The Fitness Plan” Limited. The member is forbidden to modify, copy, reproduce, broadcast, transmit, exploit for commercial gain and distribute the documents in any form whatsoever. The services provided by our website, from the web pages to software codes, for elements comprising the any element of services and website. 

LIABILITIES AND WARRANTIES

This section applies to our directors, employees, officers, subcontractors, affiliated companies, agents and to us as well. Nothing in this agreement in any way will limit or exclude our liability for negligence that causes death or personal injury, or for fraudulent misrepresentation. You have a duty to give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not comply with this, we shall have no liability to you for that matter. We shall not be liable for any damage to a member caused or contributed to be that member, for example not meeting the terms with this agreement. Our liability of any kind with respect to the services for any one event or series of related events is limited to 5 times the total fees payable by you in the 12 months before the event(s) complained of or the sum of £100 whichever is higher. In no event (including our own negligence) will we be liable for any;

  • Economic loss (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
  • Loss of goodwill or reputation
  • Damage to or loss of data (even if we have been advised of the possibility of such losses)

INDEMNITY

You agree to protect us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims, liabilities related to your breach of this agreement and/or to your use of the services.

FUNCTIONING OF THE WEBSITE AND SERVICES

To be able to use the services, the members must have the necessary hardware equipment and software and the necessary parameters required to properly use the website. For example, they will need access to the internet. Members are also advised to JavaScript functions enabled, cookies enabled, and pop-ups enabled. The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audio-telephone Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed. We do no guarantee that the services we are offering will function if the member activates a pop-up killing tool. If this is the case, the function should be deactivated before using the online service.

We do not guarantee that the services will be usable if the Member’s internet service provider is unable to provide its services to their full extent. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member’s internet service provider or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Members in possession of the smartphone handset and internet access is required. Under the above circumstances and terms and conditions, we do not guarantee that the services will function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvement. Whenever possible we will inform its members prior to maintenance work and updates.

Apple users must use MOZILLA FIREFOX, as we do not guarantee optimal functioning of the website when using SAFARI or OPERA browsers. Please also note that up-to-date Adobe flash software will be required for this website to function properly (download from: www.adobe). Depending on your network configuration (if protected behind a firewall or proxy), connection to our Members service may not be possible.

THIRD PARTY WEBSITES

We may provide links on our sites, to other websites such as third parties. Please be aware that you are using them at your own risk. We do not review these sites, just our own. We do not recommend or endorse these sites, nor are we responsible for the content of those sites. If in the course of performing a search on our site you encounter a third party website and think it would violate applicable law, you must immediately cease use of such website.

ENTIRE AGREEMENT

This agreement and the pages on the website to which these terms refer too, establish a contract that governs the relationship between the member and www.—–.com limited. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of ours the Members’. If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.

AMENDMENTS

We have the power to change these terms and conditions at any times, We will notify all members and subscribers of these modifications as soon as they are posted on the website. The modifications will take place 1 month after being posted on the website. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened. 

JURISDICTION AND APPLICABLE LAW

This contract shall be governed by English law and any disputes will be decided only by the English courts. For any questions you wish to ask, you may contact us by completing the contact form.

Questions, comments and requests regarding this terms and conditions are welcomed and should be addressed toSupport@thefitnessplan.co.uk