Terms & Conditions
Terms & Conditions
Personal Trainer Worldwide (“PTW”) is the trading name of Personal Trainer Worldwide Ltd, a company incorporated in England and Wales under registration number 08323113.
This document (Terms) sets out the Terms and Conditions on which PTW provides both the PTW website http://www.personaltrainerworldwide.co.uk (Website) and the services available through the Website (Services). By using the Website and/or Services or by registering with PTW, you are confirming that you agree to these Terms. Please take the time to read and understand them.
End User: A person who visits the Website to search for and/or connect with PTW members and/or to use any other services provided by PTW.
Members: A member of PTW is a person or business that is displayed within the PTW directory
In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
All and any business undertaken between you and PTW is subject to these Terms. In the event of any conflict between these Terms and any other Terms and Conditions, these Terms shall prevail unless expressly otherwise agreed between you and PTW in writing. No variation of these Terms shall be valid if made without the written consent of PTW.
These Terms supersede all previous terms of business.
In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".
2. Our Services
The Website and Services are provided to help End Users search for and connect with Members and to help Members advertise and market their fitness services to End Users with a view to selling personal fitness training and/or fitness related services and/or fitness related products.
3. End User General Conditions
Members are not employees of PTW and other than being listed on the Website have no connection to PTW.
An End User at no time enters into a contract with PTW for services and/or products provided by Members.
By entering into a training arrangement with a Member, an End User is entering into a contract with the Member alone and not with PTW. Any claim that an End User may have will be solely against the Member with whom the arrangement was made and not against PTW.
PTW collects information submitted by Members on their registration to the Website in relation to their identity, experience, training, authorisations and/or qualifications (Credentials). Whilst we may request that Members make available full details of their Credentials, due to the number of Members using our Services, it is not reasonably practicable for PTW to check each Members' Credentials. For this reason, PTW cannot guarantee that the information submitted by Members is accurate. PTW shall not be responsible for any failure of a Member to provide satisfactory evidence to support the statements on the Member's profile as to the Member's Credentials.
For the same reasons PTW is not able to carry out a Disclosure and Barring check (criminal record) on a Member that registers with PTW. An End User should always request, read and verify a Member's documents before engaging a Member for personal fitness training and/or fitness related services.
An End User may be required to submit and confirm personal and contact information, requirements and the terms on which you would be prepared to engage a Member to provide personal fitness training and/or fitness related services and/or fitness related products. Once an End User has submitted this information to PTW the End User consents to this information being shared with the selected Member.
An End User must not e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights). PTW reserves the right to remove any such material.
4. Members' General Conditions
A Member's e-mail address and other contact information provided to PTW should be accurate and kept up to date.
A Member is fully entitled to use any credit, debit or charge card in payment to PTW that has available funds sufficient to cover the charges which are to be deducted from it.
A Member must not do anything that may lead to the encouragement, procurement or carrying out of any criminal activity. A Member must not do anything that may cause PTW to breach any applicable laws.
A Member must not e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights). PTW reserves the right to remove any such material.
A Member must not distribute unsolicited communications including 'spam' e-mail or transfer files that contain viruses, trojans or other harmful programs or use the Website in any way that may damage or disrupt another's computer.
A Member must not access or attempt to access the accounts of other Members, penetrate or attempt to penetrate the Website security measures or use the Website or our Services as a means to collect or store personal data about others.
A Member must not use the Website and/or Services other than in good faith.
Due to the number of Members using the Website and Services, it is not reasonably practicable for PTW to check and police Member's profile page and PTW cannot do so. For this reason, we cannot guarantee that the information submitted by an End User is not inaccurate; defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights).
PTW shall not be responsible for any failure of the Member to provide to you satisfactory evidence to support the statements on the Member's profile as to the Member's Credentials. You should always check carefully all relevant information and documents in relation to a Member before you choose to engage a Member for private personal fitness training and you should verify the Member's Credentials yourself before engaging any Member.
PTW cannot guarantee clients and/or referrals for Members. PTW suggests that Members make their profile content as appealing as possible to End Users and such is the responsibility of the Member.
Content and information submitted to the website by a Member or an End User does not represent the views of PTW or any of its Directors, employees, partners or affiliates.
If any of the Terms are breached by a Member, PTW reserves the right to block the Member's access to the Member’s profile page and/or remove the Member from being listed or advertised on the Website’s directory.
PTW reserves the right to change, add, withdraw any/all Website features, Services, or third party promotions.
PTW is not responsible for the provision of services by third parties.
PTW may share a Member's details with Official Partners of PTW.
5. Rights in the Website and its Contents
Use of the Website and/or Services does not grant a Member and/or End User rights to in relation to intellectual property(including but not limited to copyrights, trademarks, design rights or patents in relation to logos, graphics, slogans, photographs, images, sound recordings, compositions, animations, videos and text) (IP Rights) in the Website and/or its contents and in relation to our Services, whether owned by PTW or by third parties.
No person may copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for personal use. Subject to the above, insubstantial excerpts of this content may be downloaded to a hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
Any use other than that permitted under this paragraph 6 may only be undertaken with the prior express authorisation of PTW and/or the prior express authorisation of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.
6. The Limit Of Our Legal Obligations
Nothing in this paragraph 7 shall restrict statutory rights. For further information about your statutory rights please contact a legal adviser, local Trading Standards Department or Citizens' Advice Bureau.
PTW does not accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraud by us or our employees or agents.
If PTW breach these Terms, PTW shall only be liable for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and PTW at the time of entering into an agreement on these Terms.
PTW shall not be responsible or liable for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and PTW at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity and/or failure to provide the Website or our Services or to meet PTW’s obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
PTW does not accept any liability for damage to your computer system or loss of data that results from your use of the Website and cannot guarantee that the Website or any files that you download are free from viruses, contamination or destructive features.
PTW is responsible for the provision of the Website and Services but each service advertised by a Member is an agreement between the Member and End User and PTW is not a party to that agreement and not responsible for the actions of any party.
PTW is not responsible or liable for any aspect of any training arrangement.
Without prejudice to any checks PTW may carry out, PTW does not make any promise or representation to you as to the suitability of any Member.
Even though all End Users are prohibited from doing so, some End Users may provide information or otherwise behave, via the Website or its Services, in a way that is unreliable, misleading or even illegal. An End User may not necessarily be who they say they are. Accordingly, to the extent that the law permits, you agree and acknowledge that your use of the Website and our Services is entirely at your own risk and you release us, our directors, contractors and employees from all liability (including in relation to disputes with other Members and/or End Users) where such liability relates to or arises out of the behaviour of (or the content or other material provided by) other Members, End Users and/or third parties.
PTW uses all reasonable endeavours to correct any errors and/or remove material as soon as practicable once they have been brought to our attention. PTW cannot promise that the information and other material on the Website itself will be free from errors or omissions.
PTW provides links from the Website to other websites. These links are provided for your ease of reference and convenience only. PTW is not responsible for third party websites and is not responsible for their content. Links to third party websites do not imply any endorsement of the material contained therein nor any association with their operators. It is acknowledged that PTW will not be party to any transaction or contract with a third party.
7. Membership and Billing
Any person who signs up to PTW and enters payment details must be aged 18 years or over and must be the registered owner of the payment details or have the permission of the holder of the payment details to input any such payment details.
PTW offers a number of membership payment plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. PTW is not responsible for the products and services provided by third parties. PTW reserves the right to modify, terminate or otherwise amend any offered membership plans. Unless otherwise stated, month or monthly refers to your billing cycle (See "Billing" below).
By starting a PTW membership, Members expressly agree that PTW is authorised to charge an annual or monthly membership fee at the current rate for a minimum of twelve months. A Member is responsible for updating PTW as to any change of payment details. Prices and charges are subject to change with notice.
As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your payment details. The membership fee will be billed at the beginning of the paying portion of your membership and each month for the minimum period of twelve months unless the up front annual subscription is paid in full at the start of the minimum twelve month period.
PTW will automatically bill against your payment details each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, PTW shall bill your payment details on the last day of such month.
It is acknowledged that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a payment plan. PTW is authorized to charge your payment details for such varying amounts, which may be billed monthly in one or more charges. For certain payment details, the issuer may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. Any such fees or related charges shall be billed to you in addition to the membership fee that you pay to PTW.
Payments are nonrefundable and there are no refunds or credits for partially used periods. If you want to use different payment details, you may edit your payment details information by visiting our website and clicking on the relevant link. If payment details expire and you do not edit this information or cancel your account, you authorize PTW to continue billing those payment details and you remain responsible for any uncollected amounts. If a membership fee cannot be taken by PTW for whatever reason PTW shall disable your account and you shall not appear within the Website directory. In such event however you still remain liable for any amounts uncollected by PTW for any remainder of the minimum twelve month period.
If a Member fails to cancel their membership prior to the end of the minimum twelve month period, that membership shall automatically be renewed for a further twelve month minimum period. Any renewed membership on this basis shall be billed on the same payment plan and at the price at the time of renewal.
If any person uses the YMCAfit £1 annual subscription payment plan they are respnsible for cancelling the subscription. If such a Member fails to cancel their membership prior to the end of the munimum twelve month period, that membership shall automatically be renewed for a further twelve month minimum period. Any renewed membership on this basis shall be billed as a monthly payment plan and at the price at the time of renewel.
PTW reserves the right to terminate or restrict use of our Service, without notice, for any or without a reason whatsoever.
PTW is constantly looking for new ways to improve the Website and Services and reserves the right to amend these Terms at any time without prior notice. PTW may also change these Terms for legal, regulatory or security reasons without prior notice.
PTW reserves the right to withdraw or modify aspects of the Website or our Services, or the entirety of them, where we have legal or commercial reasons to do so. There may be times when the Website or Services become inaccessible as a result of technical difficulties. PTW will use reasonable skill and care to overcome these difficulties as soon as is reasonably practicable where they are within reasonable control.
Where PTW reserves a right in these Terms, it does not mean PTW is obliged to exercise it.
In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
These Terms and any claim or dispute (whether contractual or non-contractual) in relation to these Terms shall be governed by and interpreted in accordance with relevant English law. Court proceedings must be issued within England or Wales.