Terms and Conditions

PERSONAL FITNESS SERVICES AGREEMENT

These are terms and conditions on which we WE:BO Fit Limited, a company registered In England and Wales under company number 09786030 whose registered office is at 5 Birch Close, Teddington, Middlesex, TW11 8BJ, United Kingdom, provide remote online fitness and exercise training services (‘Services’).

The details of the Services we will provide to you will depend on what is agreed with you and the result of the Health Questionnaire (see clause 1 below).

Please read the terms and conditions below carefully, and contact us if you have questions concerning them before entering into a contract with using our Services.

  1. Health Questionnaire
    1. Before providing you with the Services:
      1. (a) We will ask you to complete a form (‘the Health Questionnaire’). This will record details about your current state of health, any medical conditions you have and any medication you are taking.
      2. (b) We will carry out an evaluation of certain indicators of your health. You will be asked questions concerning your diet, the type and amount of exercises you take (and have taken in the recent past) and your general lifestyle.
      3. (c) The information you provide will be used to tailor appropriate training and exercise content.
    2. On completion of the Health Questionnaire you will be asked to confirm the information you have provided is recorded accurately.
    3. In certain circumstances we may decide we cannot provide the Services to you on the basis of the information provided in the Health Questionnaire. We may require confirmation from a doctor that you can safely undertake exercise and training before we provide the Services to you.
  2. Performance of the Services
    1. We will normally provide you with the Services:
      1. (a) only after a Health Questionnaire has been completed and reviewed; and
      2. (b) in accordance with the program of exercise and training agreed between us.
    2. On each occasion before providing the Services we shall:
      1. (a) check the terms of the Health Questionnaire; and
      2. (b) ask you to confirm that the information you provided in the Health Questionnaire remains accurate and that nothing of significance has changed in your medical condition or lifestyle which will affect any Services we will provide.
    3. We shall provide the Services on the basis of individual Sessions (see clause 4 for more details) or a series of Sessions.
    4. It is not possible that any particular result or outcome can be guaranteed as a result of us providing our Services but our aim is to provide you the Services:
      1. (a) by using reasonable care and skill; and
      2. (b) that comply with commonly accepted practices and latest industry standards as recognised and endorsed by the Register of Exercise Professionals or such other equivalent relevant and recognised governing body.
  3. Receiving the Services

    Normally the Services will be carried out remotely over the internet. You are responsible for making all arrangements necessary for you to receive the Services, including properly configuring your device, internet connection and any software you are using. You are also responsible for ensuring your surroundings are safe for undertaking exercise and health training. We recommend a minimum internet connection speed of 2Mb (download) and 1Mb upload.

    As we use a live video call facility, at this stage we are limiting users to those who are 18 years and over. By agreeing to these terms and conditions you are confirming that you are 18 years of age or over.

  4. Length of a Session

    Our Services are provided in sessions normally given in 20, 40 or 60-minute time slots (‘Session(s)’). These will follow a structured template to enable you to get the most of the session in the agreed time. Some time will be spent at the beginning of each Session to discuss what the Session will cover and your condition or any issues or problems affecting your ability to take part in the Session. This will be integrated into the session ‘warm up’ to enable the personal trainer to make the most of the time available.

  5. Stopping a Session
    1. We may stop a Session and not continue it if we reasonably consider at any time that you:
      1. (a) appear to be unwell or are becoming unwell;
      2. (b) are not following reasonable instructions; or
      3. (c) are behaving or acting unreasonably or are being abusive or offensive.
    2. You may stop a Session and not continue in case of a genuine emergency, provided always that we consider it is reasonable for you to do so. We will exercise our reasonable discretion in light of the circumstances and supporting evidence when deciding whether it is appropriate to charge you for the Session
  6. Price and payment
    1. The cost of a Session is set out on our website.
    2. If at your request, and with your personal trainer’s agreement, a Session runs longer than a Session period we will charge you for each additional 20 minute periods in which the Services are provided to you at the pro-rata rate you are paying for a Session.
    3. For each Session, you will be entering a separate contract and the fee for each Session will be that in force at the time of the booking.
    4. Payment for each Session will be made by you through a credit or debit card. Payment for each Session will be automatically taken at the end of each Session.
    5. You will not be charged if any Session is interrupted by connectivity issues which cannot be resolved promptly.
  7. Lateness and cancellations
    1. If you are late accessing a Session for any reason that is not attributable to us then the Session will start when you connect and will continue until its scheduled end. If you wish the Session to overrun, and your personal trainer agrees, then you will be charged for the extra time spent in providing the Services, as set out in clause 6.2 above.
    2. If in your personal trainer’s reasonable opinion, they consider providing the Services will serve no practical value or will be unsafe for you in the time available remaining of the Session then we may cancel the Session. You will still be expected to pay for the Session.
  8. Feedback
    1. If you are unhappy with the Services you receive we hope you will discuss any problems or issues with your personal trainer first. You will be invited to give feedback about your personal trainer at the end of each Session through the App. This feedback is for monitoring purposes and will be used to assess your personal trainer’s abilities. Your personal trainer will not be told your feedback originated from you. Please ensure any feedback is accurate and honest.
    2. If your personal trainer believes you are not engaging to the best of your ability during a Session they will aim to discuss this with you in a constructive manner. Your personal trainer will also be invited to give feedback about you through the App to monitor your suitability as a continued client at the end of each session.
  9. Register of Exercise Professionals

    Our personal trainers are registered with the Register of Exercise Professionals of the United Kingdom or local country equivalent, and qualified to at least level 3. Details can be found at http://www.exerciseregister.org. We aim to comply with their code of ethics, which can be viewed at http://www.exerciseregister.org/resources/code-of-conduct.

  10. Limitation on our liability to you
    1. Our liability to compensate you for any loss or damage (other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by your personal trainer.
    2. We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including for death or personal injury caused by our negligence) unless that failure is attributable to:
      1. (a) your own fault;
      2. (b) a third party unconnected with the provision of Services under this contract; or
      3. (c) events we could not have foreseen, even if we had taken all reasonable care.
  11. Contracts (Rights of Third Parties) Act 1999
    1. For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
  12. Disputes

    If you are unhappy with the Services we provide we hope you will discuss this with us first so we may resolve any dispute between ourselves. Any court proceedings must be brought before the courts of England and Wales. This contract is governed and construed by the law of England and Wales.

MOBILE APPLICATION END-USER LICENCE AGREEMENT

This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and WE:BO Fit Limited of 5 Birch Close, Teddington, Middlesex, TW11 8BJ, United Kingdom (Licensor, us or we) for the WE:BO mobile application software.

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator (Appstore) from whom you download the App (Appstore Rules). We do not sell the App to you and remain owners of the App at all times.

By downloading the App from the Appstore or clicking “accept” you agree to the terms of this licence, which will bind you. If you do not agree to the terms of this licence, we will not license the app to you and you must not download or install it.

Agreed terms

  1. Acknowledgements
    1. The terms of this EULA apply to the App including any updates or supplements to the App.
    2. Our services accessible through the App (Services) are governed by separate terms which can be viewed and downloaded from www.webofitapp.com.
    3. We may change these terms at any time by notifying you when you next start the App.
    4. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices (Devices) that are controlled, but not owned, by you and to download a copy of the App onto those Devices.
    5. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals to improve our products and to provide our Services to you.
    6. Third party websites linked in our App are not under our control, and we are not responsible for and do not endorse their content.
  2. Grant and scope of licence

    In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive revocable licence to use the App on the Devices, subject to these terms, and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.

  3. Licence restrictions

    Except as expressly set out in this EULA or as permitted by any local law, you agree:

    1. (a) not to copy, sub-license, loan, translate, merge, adapt, vary or modify the App;
    2. (b) not to make alterations or modifications to the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
    3. (c) not to disassemble, decompile, reverse-engineer or create derivative works based
      on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited under section 296A of the Copyright, Designs and Patents Act 1988; and
    4. (d) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person.
  4. Acceptable use restrictions

    You must:

    1. (a) not use the App or any Service in any unlawful manner, for any unlawful purpose,
      or in any manner inconsistent with this EULA, or act fraudulently or maliciously;
    2. (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App;
    3. (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
    4. (d) not use the App or any Service in a way that could damage, disable, overburden,
      impair or compromise our systems or security or interfere with other users; and
    5. (e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  5. Intellectual property rights
    1. You acknowledge that all intellectual property rights in the App belong to us or our
      licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with the terms of this EULA.
    2. You acknowledge that you have no right to have access to the App in source code form.
  6. Limitation of liability
    1. You acknowledge that the App has not been developed to meet your individual
      requirements.
    2. We only supply the App for private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount paid by you for any Services not provided to you. This does not apply to any liability that cannot be excluded or limited by English law.
  7. Termination
    1. We may terminate this EULA immediately by written notice to you:
      1. (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after being notified to do so; and
      2. (b) if you breach any of the restrictions contained in this EULA.
    2. On termination for any reason:
      1. (a) all rights granted to you under this EULA shall cease; (b) you must immediately cease all activities authorised by this EULA, including your use of any Services;
      2. (c) you must immediately delete or remove the App from all Devices.
  8. Communication between us

    You can contact us at help@webofitapp.com.

  9. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
      1. (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.]
  10. Other important terms
    1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
    2. If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
    3. Each of the conditions of this EULA operates separately. If any of them are or become unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    4. This EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.