P4 VIRTUAL TRAINER
TERMS AND CONDITIONS
Last updated Monday 01st December 2014.
Customers who use P4 Virtual Trainer acknowledge that they have carefully read these Terms and Conditions by ticking the read Terms and Conditions box on sign up.
The following expressions shall have the following meanings:
1.1 “Agreement” and/or “Order” means the contract between the Supplier and the Customer for the provision of the Services incorporating these Terms and Conditions and, where the Services also include the downloading of data to a mobile device, the P4 Virtual Trainer App Terms of Us.
1.2 “Application” means the software provided by the Supplier entitled “P4 Virtual Trainer App”.
1.3 “Customer”, “You” and/or “Your” means any person who purchases Services from the Supplier.
1.4 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for.
1.5 “Packages” means a specific collection of Services available to Customers by way of a monthly subscription.
1.6 “1-2-1” means a bespoke service available to Customers outside of the Packages by way of a separate Price.
1.7 “Bolt-on” means an additional online service available to Customers outside of the Packages by way of a separate Price as stated on the Website; for example, inter alia: P4 programme, P4 body scan, video call, online physio support, nutrition coach, lifestyle coach, nutrition plan +.
1.8 “Price” is the amount payable by the Customer to the Supplier for the provision of the Services.
1.9 “Services” means all products and services available for Customers to purchase via the Website and all products available for use within the Application; for example, inter alia: motivational help and support tools to assist Customers in their personal fitness aspirations.
1.10 “Supplier”, “We”, “Our” and/or “Us” means P4 Virtual Trainer provided by Mr D Jones t/a P4 Virtual Trainer.
1.11 “Terms and Conditions” means these terms and conditions as set out in this document, which may be changed from time to time by the Supplier without notice.
1.12 “Website” means www.p4virtualtrainer.com
2.1 All new Customers, including those on a free 7 day trial, accept, agree and understand the following:
2.1.1 Physical exercise can be strenuous and subject to risk of serious injury and You are advised to obtain a physical examination from a doctor before participating in any exercise activity.
2.1.2 You engage in any physical exercise or activity entirely at Your own risk.
2.1.3 Any recommendation for changes in diet including the use of food supplements and weight reduction products are entirely Your responsibility and You should consult a dietician prior to undergoing any dietary or food supplement changes.
2.1.4 You agree that You are voluntarily participating in such activities and assume all risks of injury, illness or death.
2.1.5 Our waiver and release of liability includes, without limitation, all injuries which may occur as a result of:
188.8.131.52 Your participation in any activity or personal training session; and
184.108.40.206 Instruction, training, supervision, or dietary recommendations by Us.
3. Customer Use, Eligibility and Account Integrity
3.1 You should always check the contact information that You provide is correct before creating a customer account or proceeding to payment.
3.2 Our Website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement. By registering and using the Service You warrant that You are 18 or older and understand Your obligations under these Terms and Conditions.
3.3 As part of the registration process You will need to create an account, including a username and password. It is Your responsibility to ensure that the information You provide is accurate, not misleading and relates to You. You shall not create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including Ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.4 You are responsible for maintaining Your own username and password the Website. You should ensure that You store Your username and password securely and that the details required to access Your customer account are not provided to another party.
3.5 You are responsible for Your customer account and any actions taken within it. If You are aware or suspect that Your customer account username and password or other details have become known to any third party, You should inform Us immediately, either by phone on +44 (0)203 368 3330 or via email at firstname.lastname@example.org. Please note that We never contact users requesting them to confirm their username & password or other details.
4. Your Order, Pricing, Plans and Features
4.1 When You place an Order You will automatically receive a confirmation email from Us to confirm Your Order. Your order constitutes an offer made to Us to purchase Our product(s) or Service(s).
4.2 Your order is only accepted by Us once We have emailed You to confirm the creation of Your account including confirmation of all Services in Your chosen subscription Package and Your username & password details have been provided to You.
4.3 There is a 7 day cooling off period for all new Customers. You have an opportunity to obtain a full refund within this period.
4.4 Items not included within Your account email are not included in the Order and subsequent contract between You and Us.
4.5 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected. If We are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
4.6 We make every effort to ensure that the Prices displayed on the Website are correct. However, if an error in the pricing of a product or Service is found We reserve the right to either cancel Your Order or contact You to arrange payment of any extra sum due or refund any over-payment made by You (as applicable).
4.7 For current pricing and plans please see the Packages page located on Our Website.
4.8 We reserve the right to change pricing, plans and the features offered at any time and without notice to You.
4.9 We will make every effort to satisfy Your requested scheduled time in respect of Your order for 1-2-1 services, Bolt-on services, or any other services that require scheduling with one of Our coaches but We require a minimum period of 24 hours notice to accommodate such a request unless otherwise agreed by Us.
4.10 If Your order includes for 1-2-1 services, Bolt-on services, or any other services that have been scheduled with one of Our coaches You acknowledge and agree that if such a service is contained in the Packages, then any applicable cancellation policy still stands and in the event of Your cancellation the service shall be removed or a credit deducted.
5. Packages and Subscription Periods
5.1 The ‘Core’, ‘Transformer’ and ‘Quick Start’ Packages have a minimum subscription period of 3 months. This means that any cancellations made outside of the cooling-off period of 7 days (referred to in Clause 4.3) will incur costs to the total amount of that minimum period.
5.2 Additional Bolt-on services:
5.2.1 are of varying durations and Price and are available outside of subscription packages unless otherwise stated on the packages page of the Website.
5.2.2 payments must be made in advance and separately to the subscription Price.
5.2.3 Prices can be found on the pricing page of the Website.
5.2.4 require activation by Us. We will facilitate Your use of such services by adding a credit to Your user account only upon receipt of Your corresponding payment.
5.2.5 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
5.3 The ‘1-2-1’ service is based on Services taking place at an address, time and duration to be determined and confirmed by the Supplier. The Customer understands and agrees that the Services can only be delivered at such confirmed address, time and duration and the Supplier accepts no liability for the cost of the Services or for redelivery of the Services in the event of any failed appointments regardless of the circumstances.
5.4 In the event of any failed appointments referred to in Clause 5.3, the Supplier shall be entitled to payment of the Price in full and no refund shall be provided by the Supplier.
5.5 Packages are non-transferable and Services within each Package are to be used within the minimum term period and cannot be carried over. Each Service listed in the Packages are added as individual credits which will be deducted as the service is in use or has been delivered. After the minimum term is fulfilled, any service credits that are included in the package will automatically renew every month unless otherwise stated as long as the subscription to the Package continues. Service credits do not accumulate if not used and are non-transferable. Any remaining credits can be seen in the ‘my invoice’ section of the Website.
5.6 7 day trial accounts are provided for trial and illustration purposes only and do not contain or provide any personalised or bespoke programmes as per the Packages nor do they offer any advice to You. The sole purpose is to introduce some of the features available within Our Packages as a means to decide if You would like to subscribe to the Service.
5.7 Payment details will be required upon signing-up to a trial or offer account and full membership will automatically start after the 7 day trail period expires unless cancelled by You and subsequently confirmed by Us in writing.
5.8 After satisfactory payment of the Price and supply by Us of Your username and password You will have access to the website, and Your chosen products and Services provided by the Website for the specified period.
5.9 You will automatically receive an email notification before Your subscription expires offering You the opportunity to renew Your subscription.
6. Payment and Credit Control
6.1 All Services are billed monthly in advance according to the date of registration and monies taken from Your credit or debit card supplied on signing-up on each monthly anniversary date thereafter. In the event of a monthly payment falling on a date which does not exist for any particular month (ie February 29/30 or 31st) the account will be debited on the nearest day before this date.
6.2 If You upgrade from a free or trial account You will be automatically charged for the applicable amount for Your chosen package or services on the first day after the trial expires. Your monthly payment will be due from that date each month onwards.
6.3 Where the Service or Package has been paid for 12 months in advance, (where this option is offered by Us) payment will be taken in full on each anniversary.
6.4 Payment for the 1-2-1 Service must be made in advance and separately to any applicable subscription Price.
6.5 It is a condition of use that a valid debit or credit card is provided at all times in order for Your account or accounts to remain active.
6.6 Where a credit or debit card payment request is made by Us and is declined by Your card Supplier or bank (for whatever reason) access to Your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with Your account or accounts. If You are within the minimum term and payment is not received within 7 days, the remainder of the balance for the minimum term will be due in full and Your subscription will be terminated immediately.
7. Cancellation, Rights and Refunds
7.1 By signing-up to any P4 Virtual Trainer package you are liable for the minimum term of that subscription. Accounts may be cancelled with a months notice, any time after the minimum period has expired. All cancellations must be agreed and confirmed in writing, via email with P4 Virtual Trainer.
7.2 All cancellations must be agreed and confirmed in writing, by email from You to Us at email@example.com, or by clicking the cancel button in the ‘my account’ area of the Website..
7.3 If cancellation is made within 7 days, from the initial start date a full refund will be given, except if any services contained in the packages have already been used. If so the cost of additional services will be charged before the full refund is given.
7.4 No refunds will be provided for remaining unused days under any account.
7.5 Full or partial refunds will only be given where the product or service provided by us is found to be defective.
7.6 Refunds will not be given where we are unable to replicate the issue or the issue stems from the user or their equipment.
7.7 In the case of a defective service we reserve the right to offer an additional free period of service or issue a partial or full refund at our sole discretion.
7.8 Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.
7.9 In the event that You require the cancellation of a 1-2-1 appointment, We would require You to provide at least 24 hours written notice. We reserve the right to not provide any refund in such circumstances but will use Our best endeavours to reschedule the appointment within 7 days of receiving Your written notice of cancellation.
8. Upgrading or Downgrading Accounts
8.1 You have the right to upgrade Your package at any time. The adjustment to the monthly payment will take effect on the following payment date scheduled after notification has been made by Us to You by email.
8.2 We will use Our best endeavours to ensure that any additional services associated with package upgrades take effect the day after We have received Your increased payment. Any account that upgrades must comply with the minimum term of 3 months from the date of transfer.
8.3 Accounts can be downgraded with immediate effect after the minimum term has passed on receipt of request in writing.
8.4 Accounts are non transferable but is at the discretion of P4 management in extreme circumstances.
8.5 Where an account is downgraded from a ‘Transformer’ to the ‘Core’ package, the increased amount is then chargeable immediately.
8.6 Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
8.7 Users should backup and download their data prior to requesting a downgrade in service.
9. Trial and Offer Periods
9.1 All 7 day Trial accounts are provided for trial and illustration purposes only and do not contain or provide any personalised or bespoke programmes as per the packages nor do they offer any advice for the user of the trial account. The sole purpose is to introduce features available within P4 Virtual Trainer packages as a means to decide if users would like to subscribe to the service.
9.2 Payment details will be required upon signing-up to a 7 day trial or offer account and full subscription will automatically start on the next day after the trail period expires unless cancelled and confirmed in writing.
9.3 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
9.4 Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals. Only one trial account per person is allowed in total, the same person cannot sign up to another free trial after the expiry. If at any stage it is suspected that the free trial facility is being misused then P4 retain the right to delete the account immediately.
9.5 These Terms and Conditions apply to all trial or offer period accounts.
10. Technical Support
10.1 Technical support is provided via email at firstname.lastname@example.org and such other means as we decide in order to provide a proper service to users.
10.2 We reserve the right not to provide a full technical support service to free or trial account users.
11. Content Submission & Specific Service Rules
11.1 Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of P4 Virtual Trainer.
11.2 As a user you agree not to do any of the following:
11.2.1 Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
11.2.2 Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
11.2.3 Use or harvest data provided by other users in a way that they would object to.
11.2.4 Contact other users in ways they may find inappropriate.
11.2.5 Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
11.2.6 Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
11.2.7 To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
11.2.8 To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
11.2.9 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
11.2.10 Reframe, repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
11.2.11 Load or provide access to content on the website or link to other content from the website, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
11.2.12 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
11.2.13 Make commercial posts or comment spam or attempt to disguise such spam as content.
11.2.14 Use any robot, spider, scraper or other technical means to access the website or content on the website.
11.3 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service.
11.4 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
12. Content Ownership
12.1 As a user you retain all ownership rights to content provided by you.
12.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users view your content. It also allows us to compress or alter the size of any files you may post onto the website to ensure that they can be readily displayed for other users.
12.3 You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
12.4 As this is a non-exclusive licence you as a user are free to provide your content to other websites or other parties, without restriction.
12.5 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
12.6 This licence is also sub-licensable, which means that our partners and affiliates can also use the content.
12.7 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.
12.8 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
13. Copyright & Copyrighted Material
13.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of P4 Virtual Trainer, unless expressly acknowledged as otherwise or provided by a user as part of content submission.
13.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13.3 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
13.4 Where notified of such breaches by the owner of such content we will remove the content from the website as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
13.5 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
14. Suspension or Termination
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 If a customer account is suspended the suspension the length of the suspension period and any reactivation will be at our sole discretion.
14.3 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15. Access and Backups
15.1 We take all reasonable steps to ensure the website is available and functioning fully at all times. However, we do not accept any responsibility for "down-time" or poor performance of our fileservers or where the website or any associated service is unavailable for any reason, whether within or outside our direct control.
15.2 The P4 training system including all personal programmes are automatically backed-up every few hours. You are solely responsible for backing up any content or data entered onto the Service by you.
16.1 We are not responsible for the accuracy of any content on the website, nor any advertisements placed on the website.
16.2 We are not responsible for any links to third party websites from the website and the inclusion of any link does not imply an endorsement of a third party website or service by us.
17. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profits.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by P4 Virtual Trainer to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
23. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and P4 Virtual Trainer. We reserve the right to change these Terms & Conditions at any time, without giving notice.
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