These Website Terms and Terms of Business govern your use of our website, www.swfitnesslondon.com, (the “Website”) and your relationship with SW Fitness London Ltd. (“we”, “us” or “SW Fitness”). Please read these terms carefully as they affect your rights and liabilities under the law.
Neither SW Fitness London Ltd. nor any of its employees, agents or representatives, is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
It is essential that you seek professional medical advice before embarking on any diet or exercise program.
1. This Website provides an online personal training service through which you can purchase Online Training Programs (as defined in clause 2 below), access video tutorials and receive tailored exercise and diet programs.
2. These terms will apply to all users (“you”) of the Website and all purchasers of Products (as defined in clause 2 below).
3. By using the Website, or by purchasing any Products from us, you agree to be bound by these Terms of Service.
2. Our Products
1. We will offer through the Website the following products (the “Products”)
1. Online Training Programs;
2. Training videos;
3. Online coaching;
4. Diet plans;
5. individually tailored personal plans (each a “Personal Plan”).
1. You can view and access the Website free of charge, however in order to procure Products you must register as a member.
2. The fees payable in respect of the Products and/or any services provided via the Website will be clearly displayed on the Website.
4. How to contact us
1. We are SW Fitness London Ltd., a company registered in England and Wales Our company registration number is 10187858 and our registered office is at Latham Lambourne Limited, 18 Woodlands Park, Bexley, Kent, England, DA5 2EL.
2. On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting firstname.lastname@example.org immediately.
3. If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website.
4. You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
5. Products: Cancellation
1. You have a statutory right to change your mind (without giving a reason) within 14 days of purchasing a Product and receive a refund. This will not apply if you have already started downloading the relevant Product.
2. If you want to end your contract with us, please let us know by doing one of the following:
1. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. telling us of the reason you wish to cancel.
1. On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be):
1. access video on a streaming-only basis;
2. access and download Online Training document;
3. access and download personalized fitness plans;
2. You are not permitted to share any of the content licensed under these terms with any other individuals. You are not permitted to forward any SW Fitness emails to other people.
3. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
7. Viruses, hacking and other offences
1. You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
2. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
3. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use the Website will cease immediately.
4. We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
1. Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
2. Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
8. Our Liability
1. Nothing in the agreement excludes our liability arising as a result of our negligence for:
1. Death or personal injury;
2. Fraud or fraudulent misrepresentation.
2. Subject to clause 10.1, our total aggregate liability arising in connection with our performance of this agreement shall be limited to the greater of (i) £250 or (ii) three times the price paid for the Products during the 12 months preceding the date on which the claim arose.
3. Neither SW Fitness London Limited nor any of its employees, agents or representatives, is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
4. It is essential that you seek professional medical advice before embarking on any diet or exercise program.
5. Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
6. Where we provide you with an Online Training Plan (or any other Product), the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly, any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
7. Any Online Training Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare an Online Training Plan for you or for any other person, in the event that you are ordering Products for or on behalf of a third party.
8. Before taking any action in relation to a Online Training Plan, you must take into account any other factors apart from the Online TrainingPlan of which you are or ought to be aware.
9. The information set out in any Online Training Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
10. You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Online Training Plan.
11. Any information that we provide that does not form part of a Online Training Plan, whether obtained through our website, e-book, video course, social media (such as, without limitation, Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
10. Expected Results
1. While we believe that for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve their perceived desired results. We therefore provide no warranties of any kind, express or implied, as to:
1. the effectiveness any techniques, diets or programs that we deliver; or
2. the results that you may achieve as a result of following our programs.
2. All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
11. Data Protection Policy
1. We request that all personal information that you provide is accurate, current and complete.
2. Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.
3. All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
4. Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy which can be seen here.
3. Intellectual Property
1. By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content. If you wish for us not to publish such content publicly, you must specifically inform us via email at email@example.com.
2. The format and content of the Website is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website. Without prejudice to the generality of the foregoing, by using this Website you acknowledge and accept that all Products, including – without limitation – any plans generated for you pursuant thereto and/or any video or other audiovisual content contained therein is protected by copyright, the ownership of which vests in SW Fitness London Ltd and any breach of the terms herein (including, without limitation, the provisions prohibiting copying or passing of content to any third party without the prior consent of SW Fitness London Ltd) constitutes infringement of such copyright.
3. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.
1. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
4. We may make changes to the format of the Website at any time without notice.
5. If based outside of the UK, you shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.