The term User shall refer to any person browsing the Website or availing any of its Services. The term Website shall refer to ptpfitpro.com, Personal Training Partners Inc., its directors, employees and such other persons. The Term App shall refer to the Mobile Application of the Website that is offered for sale to Users.
The User and the Website may individually be referred to as the Party and collectively as the Parties.
The Website provides personal fitness trainers to manage their client’s workouts and exercise. It also provides trainers with their personalised webpage which can be used by them to market their services. The Services of the Website may be availed by trainers, fitness enthusiasts, people under training and corporations. The Website aims to shift the trainer from the clipboard to the World Wide Web.
The Services as offered by the Website are subject to changes from time to time hence, Users are requested to verify the Services before availing any of them.
Users may, subject to the provisions of these Terms, avail the Services offered either directly from the Website or by purchasing and installing the respective App.
The Services being provided on the Website are only for a lawful consideration. Use of the Website or any of its Services for any purpose not consistent with any law in force for the time being is strictly prohibited. Users below the age of 18 years are requested to use this Website only under the supervision of their parents or guardians.
Users shall refrain from stalking, harassing, impersonating any other members of the Website. Neither shall Users misrepresent themselves, or provide any inaccurate information or collect and store any member information for any reason, breach the security of the Website, use the mailing services to spam or flood other members.
Posting, publishing or transmitting any material or content that is considered to be harmful, obscene, vulgar, pornographic, threatening, discriminating, abusive, defamatory, libellous, fraudulent or otherwise unlawful is prohibited. Users are further restricted from creating or transmitting any malwares, worms, logic bombs, time bombs, Trojans or any other forms of coding that materially disrupts or attempts to disrupt the ordinary functioning of the Website. Tampering with or altering any of the features or content of the Website or App, in any manner, is strictly prohibited.
Users shall not post, publish or transmit any material or content over which they have no right title or interest. Neither shall Users modify, duplicate, reproduce, sell, distribute or offer for sale any of the Services, including any portion of the Website or the App.
The Website shall only provide a platform wherein Users, including trainers and their clients, may interact and the trainers may manage the work out and training of their clients. The Website shall not be responsible for any user generated content. Such content shall be the sole responsibility of the Users creating it. The Website cannot guarantee the safety of any of its Users and Users are advised caution while interacting with any other person on the Website or the App. Neither shall the Website be responsible for any loss or damage caused due to your reliance on any third party information present on the Website. Users understand and acknowledge that the Website does not perform any background checks or screen any of its members.
The Website reserves the right to modify, alter or remove any User content for any reason without any prior approval.
All the Services being provided for on the Website or the App are intended for use solely by registered Users. Use of the Website, App or any of the Services provided for any purposes other than what it was originally intended for is strictly prohibited. Users are further restricted from using the Website or the App for any marketing or promotional purposes unless with the consent of the Website. Users may also be allowed to sell certain of their products in accordance with the Website policy.
All Services and features present on the Website or the App are subject to change from time to time. No prior notice may be provided in case of any such changes and hence Users are requested to keep themselves updated with regard to the same.
Users shall be entitled to create alerts, notes and comments with regard to any of their client’s file they shall further be entitled to generate e-mails from their accounts to other Users. Users generation such mails shall be solely responsible for its content.
The Services being provided are for your information purposes only. The Services do not constitute and should not be construed as equivalent to any medical advice or opinion. Any opinions or views present on the Website or the App should not be construed as a substitute for the advice of any medical professional. Under no circumstances does the Users use of the Website or the App create a doctor-patient relation between Users and the Website.
All Users shall be required to register themselves and create a personal account to avail the Services of the Website. The App shall be offered for sale to trainers as well as clients.
The Services being provided on the Website or the App can be utilized by Users on a monthly basis with additional add-ons and monthly upgrades to the Services.
Trainers or Club owners using the Website or the App must be registered with the Website and should have subscribed to any of the Packages offered. Trainers may manage their clients work outs or training only if they have a registered account as mentioned herein. Users must provide their current, complete and accurate information while registering themselves on the Website and shall update relevant information as and when needed.
Users are expressly restricted from accessing or attempting to access the accounts of any other person on the Website or App. Any Users found in breach of this provision shall be restricted from accessing the Website, the App or any of its Services.
Users must personally ensure the security of their accounts and are advised to use strong passwords and not to reveal any account information to third parties. All content posted from any User account shall be deemed to have been created, uploaded, posted, transmitted or otherwise published by or with the knowledge of such account holder.
The Website shall not be responsible for any content posted or published by any Users, the same shall be the responsibility of such User. In case of any unauthorised access to User Accounts, Users shall notify the Website of the same within 3 days from discovering such unauthorised access.
Users shall be required to make advance payments for registering on the Website or the App as well as to avail any of the Services provided. All payments shall be made by way of a credit card as specified by the Website from time to time. The Services shall commence only on the completion of the payment for the same. The Services being offered may be availed on a monthly basis. Users are requested to complete any and all necessary payments before the last day of each respective month. In the event of any undue delays in payment or if Users fail to make necessary payments within the stipulated time, the Website may terminate the Services being provided. Users shall not be entitled to any refunds in the event of such termination.
All packages offered on the Website as well as the App shall be as per the prices mentioned. However, any monthly upgrades or add-ons shall be charged additionally at a price as determined by the Website.
The Website may at any time, in its sole discretion, change the prices mentioned with regard to registration as well as for any Services. It shall be the responsibility of the User to check and confirm the same.
TERM AND TERMINATION
These Terms shall continue in full force and effect for the entire duration of the Users use of the Website, App or any of the Services. Either party may terminate the Services by providing a notice of 10 days to the other Party. The Website reserves the right to terminate any or all of the Services without any prior notice in the event of any breach of these Terms by the User.
On the termination of these Terms, Users shall have no further right to access or use the Website or the App. Users shall be further required to stop all further use of any of the Services and return back any content or material created by the Website.
On the termination of these Terms, any and all amounts due and payable by the User shall be paid immediately from date of termination. The Website reserves the right to impose a fine in the event of any delay in payment.
All requests for termination by the User shall be made via e-mail to the concerned person.
Any further use of the Services of the Website, the App or any of its Services may result in the initiation of appropriate legal action.
LINKING AND ADVERTISING
Users shall not, unless with the express consent of the Website in writing, create any links to or from the Website. Any unauthorised links created shall be deemed to have been done so without the knowledge and consent of the Website and the Website shall not be liable for any loss or damage resulting from any unauthorised linking. All ideas, opinions, views or any content present on such site to which the Website has been linked to or from shall not be construed as that supported or endorsed in any way by the Website.
The Website does not guarantee the safety or accuracy of any content present on any links or advertisements in the Website or App. Users must exercise caution while following any links or advertisements present on the Website or App. The Website shall not be responsible for any loss or damage caused to any user while following any link or advertisement.
The Website shall endeavour to maintain a minimum running time of 98%. However, the same may not be always guaranteed due to various reasons whether foreseeable or not.
Any support as required by the Users shall be provided for by the Website, provided, the need for such support arises due to the fault of the Website. Any additional or non-standard support as may be required by the Users is liable to incur charges as determined by the Website. On the termination of these Terms, the Website shall provide no further support.
Both parties hereby accept and agree that they shall receive and disclose certain Confidential Information during the course of these Terms. Neither Party shall disclose, attempt to disclose, publish, transmit, use for their own benefit or for the benefit of any other person any Confidential Information disclosed to them.
On the expiry of these Terms, the Users shall return any and all Confidential Information it may have with regard to the Website. In the event that any of the Confidential Information is stored electronically, the same shall be destroyed and a certificate to that effect shall be issued to the other Party. Any breach of Confidential Information by Users shall result in the immediate termination of these Terms and all Services being provided to the User shall be henceforth stopped.
However neither party shall be liable for breach of Confidential Information if:
a. Such Confidential Information was known to the Party prior to entering into these Terms.
b. Such Confidential information was disclosed due to no fault of either Party;
c. Such Confidential Information was disclosed in accordance with any law or in compliance with any order or judgment from any court of competent jurisdiction or by any governmental authority.
Any and all content present on the Website or the App or otherwise created by the Website as part of any Services being offered to the Users, including any images or videos, shall belong solely to the Website or that which has been duly obtained.
All forms of coding, algorithms, css files present on the Website or the App are the Intellectual Property and proprietary information of the the Website or its affiliates.
Users shall not use, publish, transmit, modify, sell or offer for sale any of the content belonging to, created or obtained by the Website unless with the express consent of the Website in writing. By availing any of the Services or packages of the Website, Users are merely granted a non-exclusive, royalty free worldwide right to use the Intellectual Property belonging to the Website or any of its associates or affiliates for any of the permitted purposes.
The Website shall retain all right, title and interest over any Intellectual Property created, developed, discovered or otherwise duly obtained.
All copyrights over any videos or images created for Users shall be that belong solely to the Website. The Website shall only permit the use such videos and images for the purposes as agreed on by the Parties. Users shall be responsible for obtaining all necessary rights, licenses and approvals with regard to any images, photos, videos, audios or any material over which proprietary rights are held by a third party.
Users hereby agree and accept that the Website shall retain sole ownership, title and all other intellectual and proprietary rights over any content created, discovered, developed or improved upon by the Users, either alone or with any other person or persons, during the course of these Terms. Provided such Intellectual Property was created, discovered, developed or improved upon using the Services of the Website or by utilising any of the Intellectual Property or Confidential Information belonging to the Website.
Nothing contained herein shall be construed to mean the Website shall grant to the User any title or exclusive right over such content, unless expressly stated otherwise.
Users hereby grants to the Website a non-exclusive, worldwide, royalty free right to use, distribute, publish, modify or transmit any User generated content, including but not limited to any User information, trademarks, trade names, logos, for any of its promotional or marketing activities.
In the event that Users believe that their rights or the rights of any third party, with regard to any Intellectual Property has been infringed, they may contact the Website to remove such infringing Intellectual Property. Such Users shall have to provide the Intellectual Property alleged to have been infringed as well as the alleged infringing Intellectual Property along with necessary contact details of the User.
REPRESENTATIONS AND WARRANTIES
Users hereby represent and warrant that any and all information as provided by them are true, accurate and complete in all aspects to the best of their knowledge and that they have all necessary right, title and license over all information and content provided by them. Users shall be solely responsible in the event that such information is in violation of any applicable law or is infringing or in breach any Intellectual Property or Confidential Information of any third party.
Users hereby represent and warrant that they are using this Website at their own discretion and risk and they understand and agree that the Website does not guarantee the safety of any users and shall not be responsible for any loss, damage or injury, including death.
The Website hereby disclaims all representations and warranties, whether implied or not including any warranties with regard to the quality, merchantability and fitness of any services being provided by it.
The Website does not make any warranties that the services being provided shall be continuous, error free, accurate, uninterrupted, or otherwise compatible with your device. All services being provided for by the Website are on an ‘as is’ basis and availability basis.
The Website shall not be responsible in the event of disruption of any or all of the services due to any cause, including but not limited to any Act of God, war, riot, electrical outages, electrical spikes or natural calamities, that cannot be either foreseen or from which no reasonable precautionary measures can be taken.
CANCELLATION and REFUND POLICY
1. Cancellation YOU shall have thirty (30) days from the date of purchase to determine whether the Purchased Services do not meet YOUR needs. If the Purchased Services do not meet YOUR needs, then YOU must notify PTPFITPRO.com via email at firstname.lastname@example.org if you wish to terminate your subscription before the next billing cycle.
2. Refund WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.
3. Current SUBSCRIPTION Fees These fees are subject to change from time to time, at any time, with prior notice.
INDEMNITY AND LIABILITY
Any loss, damage or claims, including any suits or other legal actions or proceedings, arising due to the actions or omissions of the User shall be indemnified or defended against by the respective User. The User shall indemnify or otherwise hold the Website, its directors, employees, associates, representatives and sub-licensees harmless from any loss, damage or claim resulting from their use of the Services, including but not limited to any bodily injury, damage to property or wrongful death.
Users hereby accept and agree that they shall hold the Website harmless
The Website shall not be liable for any loss of actual or anticipated revenues, profits, goodwill, opportunity or business or for any consequential, special, incidental, exemplary, punitive or other indirect losses or damages, whether arising out of or related to these Terms including those in contract, tort (including negligence) even if such loss was foreseeable or if the Website has been advised of the possibility of such damages or loss.
Under no circumstances shall the maximum extent of the Website’s liability exceed such amount as paid by the User for any of the Services. The Website shall not be liable for any loss or damage caused to any User, including any loss of information caused due to any unforeseeable incident including without limitation to Act of God, war, riots, electrical surges or spikes.
AMENDMENT TO THE TERMS
The Website may, in its sole discretion, alter or vary the whole or any part of these terms. All such changes and alterations shall be notified on the Website and it shall be the duty of the Users to familiarise themselves with the revised Terms. The revised Terms shall be displayed on the Website for a period of 30 days before it is implemented.
In the event that any part of these Terms are found to be unlawful, unenforceable or otherwise inconsistent with any law for the time being in force, then, such portion shall be severable and these Terms shall continue to be in effect as if such portion was never a part thereto.
Any delay or leniency by the Website in taking any action against Users shall not be construed as a waiver of any of its rights under these Terms and shall not affect the Website’s right to seek appropriate legal action at a later stage.
GOVERNING LAW AND JURISDICTION
Any and all claims or disputes arising out of these Terms shall be governed in accordance with the laws of Idaho, USA.
The courts of Idaho, USA shall have exclusive jurisdiction over any and all claims or disputes arising out of these Terms.