Trainify > Contents > Client Terms & Conditions as of 1.9.2020

Client Terms & Conditions as of 1.9.2020

Company Number: 12772374

These terms and conditions govern your use of the Trainify service, and your purchase of sports training session through it. By accepting these terms and conditions, you agree to enter into a contract with Trainify Limited.

  1. DEFINITIONS


  2. "Trainer" means a trainer with whom you book a Session using the Platform.

    "Intellectual Property Rights" means all copyright, patents, database rights, registered and unregistered design rights, topography rights, trade marks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights in confidential information and other intellectual and industrial property rights in all parts of the world.

    “Platform” means the apps and website operated and made available by Trainify through which Sessions can by booked by you.

    Session” means a training session with a Trainer booked by you using the Platform.

  3. PURCHASING SESSIONS THROUGH THE PLATFORM
    1. We will provide you with access to the Platform, through which you can book Sessions (or blocks of Sessions) with a Trainer, to be carried out at a mutually agreeable location and time. You acknowledge that Trainify acts only as a booking agent and we are not responsible in any way for the content or conduct of any Session. The Trainer remains responsible for the content and conduct of each Session, and is legally responsible for providing the Session(s) to you.
    2. We make no guarantee that a particular Trainer will be available for Sessions at any particular time or location, and reserve the right to remove Trainers from the Platform at any time at our sole discretion.
    3. You acknowledge that, unless specified in the booking details for a Session, the Session is for one-on-one training between you and the Trainer only.
    4. We will notify you if a Trainer becomes unavailable for a Session after it has been booked. You will not be charged for any Session where you are notified of the Trainer’s unavailability in advance of the Session time. Trainify reserves the right to send in a replacement Trainer if the Trainer you have booked becomes unavailable for any reason. We will endeavour to minimize the usage of replacement Trainers.
    5. You may cancel a Session, or request a change to the time and date of any Session at any time. If you cancel a Session more than 24 hours in advance, you will not be charged for the cancellation. If you cancel a Session less than 24 hours in advance, you will be charged for that Session. We will try to accommodate any requested changes to the time and date of a Session, but we make no guarantee that it will be possible to do so, and the rules on cancellation will apply if not.
    6. In the event of adverse weather conditions during the time of a Session, if the Trainer deems it safe to participate, then you have no right to cancel the Session. If the Trainer deems it unsafe to participate for any reason, you will not be charged for the Session. You do not the right to unilaterally cancel a Session on the grounds of adverse weather conditions.
    7. You agree that you must use the Platform to mark each individual Session as complete promptly after it has been concluded.
    8. Payment for a block of Sessions made on the Platform through the website must be made at the time when the block is purchased.
    9. Payment for individual Sessions booked on the Platform through the mobile app will be taken from your nominated payment method shortly after you mark the Session as having been completed.
    10. The Prices on the Platform include all applicable taxes.
    11. If a Trainer does not turn up to provide a Session, you must notify us of that on the Platform promptly. You will not be charged for Sessions where the Trainer does not turn up, and in respect of pre-purchased blocks of Sessions, your account will not be debited for that Session.
    12. Any and all payments you make to us through the Platform are final and non-refundable except as provided explicitly in these terms and conditions.
    13. You agree that we may take steps to verify whether your nominated payment method is valid, charge your payment card or bill you for all amounts due for your use of the Platform, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your payment card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes.
    14. We may suspend or terminate your access to the Platform if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment.
    15. We reserve the right to update the price for Sessions at any time.
  4. CONTACT WITH TRAINERS
    1. You acknowledge and agree that, without the prior written consent of Trainify, you shall not at any time directly communicate with any Trainer introduced to you through Trainify or the Platform in relation to the booking of Training services (or related training services) other than through the Platform.
    2. If a trainer contacts you directly as a result of a connection through the Platform in order to arrange training services (or related training services) outside of the Platform, you shall immediately refer such correspondence to us and refrain from communicating further with the Trainer.
    3. If you act in breach of this section 3, you acknowledge that Trainify may suffer financial and other losses, and you hereby indemnify Trainify in relation to any such losses and other financial penalties that Trainify may impose at its sole discretion without limitation.
    4. This section 3 shall survive termination or expiry of these terms and conditions.
  5. INTELLECTUAL PROPERTY RIGHTS AND USAGE OF THE PLATFORM
    1. These terms and conditions do not constitute an assignment or licence of any Intellectual Property Rights in the Platform to you, except such limited licence as you may reasonably require to access and use the Platform to receive the benefit of the Trainify service.
    2. You agree to use the Platform in accordance with any reasonable use levels we may notify to you from time to time. You may use the Platform only as permitted in these terms and conditions. You understand that your personal data may be processed in connection with your use of the Platform.
    3. You agree not to abuse your access to the Platform, or make access to your account on the Platform available to any third party.
    4. You are solely responsible all use of the Platform through your account. You must keep your username and password for the Platform confidential. We are not liable for any loss that you may incur if a third party uses your password or account.
    5. We may suspend your access to the Platform if you are using the Platform in a manner that is likely to cause harm to us or other users of the Platform.
  6. WARRANTIES & LIABILITY
    1. These terms and conditions set out the full extent of our obligations and liabilities in respect of the Platform being made available to you. To the maximum extent permitted by applicable law, all conditions, warranties or other terms concerning our provision of the Platform to you which might otherwise be implied into a contract are expressly excluded.
    2. We do not represent or warrant that your use of the Platform will be uninterrupted or error-free, that the Platform meets any particular standards or expectations, that any Trainer has any particular qualifications or experiences, or that your participation in the Sessions will result in any improvement or change to your sporting Your use of the Platform and your participation in any Session is at your sole risk. Our entire liability to you under these terms and conditions in any way whatsoever shall be limited to the amounts you have paid through the Platform in the six months preceding any claim for liability.
    3. Nothing in these terms and conditions will (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
    4. We will not be liable to you in respect of any losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    5. We will not be liable to you in respect of physical injury that might arise during or as a result of any Session. You acknowledge that you are responsible for ensuring that you are in an appropriate physical condition to participate in each Session, and you must take all reasonable precautions to avoid injury. You are responsible for providing all appropriate equipment and apparel for your participation in the Sessions.
    6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    7. You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms and conditions.
  7. TERMINATION
    1. These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.
    2. We may terminate any order for the purchase of a Session or block of Sessions, or otherwise terminate your account with us, if you fail to make payment when due or if your nominated payment method is declined and you fail to provide a replacement payment method within 7 days of our notification to you.
  8. OTHER PROVISIONS
    1. We are entitled to amend or vary these terms and conditions from time to time at our sole discretion. We will notify you of any change which materially affects your rights and obligations.
    2. We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.
    3. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
    4. These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    5. These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.