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TERMS AND CONDITIONS FOR USE
1. DISCLAIMER
1.1. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
1.2. The information published on this web site is provided for the convenience of its visitors and you are advised that, although care has been taken to ensure technical and factual accuracy, some errors may occur. No guarantee is given of the accuracy or completeness of information on these pages. Personal Touch shall have no liability arising from the use by any party of the information on this web site and excludes all liability for damages howsoever caused including without limitation any damage which is or represents loss of revenue or profit or failure to achieve any benefit expected from use of this web site, loss of use of any asset, loss of data recorded on any computer or other machine, liability of any user of this web site to any third party, any loss which is otherwise indirect, commercial, economic, special or consequential arising out of or in connection with the use by any party of any information provided on these pages.
1.3. Please be aware that Personal Touch may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding to you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. HEALTH DISCLAIMER
2.1. This Website provides health, general fitness and weight management information applications and content published over the Internet and is intended only to assist users in their personal health and fitness goals. Personal Touch is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for doctor or specialist consultation, evaluation, or treatment.
2.2. You are urged and advised to seek medical advice before beginning any health and fitness regime or taking supplements; particularly special need clients, e.g. minors, pregnant women, those suffering with any kind of disease. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health and fitness regime.
2.3. Personal Touch holds no responsibility for the use of the vitamins, minerals and herbal supplements ordered from this Website.
2.4. Personal Touch strongly advises you to consult with your GP or doctor if you have concerns about your health before you sign up with us.
2.5. If you already see your doctor for any condition which requires regular medical checks, and/or if you are taking medicines or drugs prescribed by your doctor and/or if you have been advised to eat a special diet to treat an illness or medical condition, then you must discuss your Personal Touch plan with your doctor before beginning. Examples of such conditions include: diabetes, high blood pressure (hypertension), heart disease, peptic or stomach ulcer, gallstones, kidney stones, and bowel disorders. This list is not exhaustive.
3. SERVICE ACCESS
3.1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
3.2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. WARRANTY
4.1. Personal Touch does not warrant the information on this web site in any way and in particular no warranty is given that the web site or its contents or hypertext links are virus free or uncontaminated. You are advised to make your own virus checks and to implement your own precautions in this respect. Personal Touch excludes all liability for contamination or damage caused by any virus or electronic transmission.
5. PRIVACY AND DATA PROTECTION
5.1. To assist us with improving the service we offer to you, we may ask you to provide us with personal details such as your name, email and postal address and date of birth. This information may be used for direct marketing purposes within Personal Touch and from time to time you may receive direct marketing from us. If at any time you decide you do not want to receive any direct marketing information, please notify info@personaltouchtraining.co.uk and your personal details will be removed from our database as soon as reasonably practicable. Your details will only be passed to our third parties with your consent.
All personal data that is submitted to Personal Touch via info@personaltouchtraining.co.uk is done so in accordance with the Data Protection Act 1998.
6. VISITOR CONDUCT
6.1. You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
6.2. You may not misuse the Website (including, without limitation, by hacking).
6.3. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.1 or 6.2.
7. THIRD PARTIES PRIVACY POLICIES
7.1. We share aggregate, non-personally identifiable information about our users with advertisers, business partners, sponsors, and other third parties. We do not provide any identifiable personal information to any third party for any purpose whatsoever. For example, we provide equal opportunity information as regards our users, but we do not disclose anything that could be used to identify those individuals.
7.2. Our intention is never to use or share personally identifiable information provided to us in ways that are different than the ways described above without also providing you with an opportunity to "unsubscribe" or prohibit such unrelated uses.
7.3. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site please contact us in writing at info@personaltouchtraining.co.uk
8. OUR TRAINERS AND ALTERNATIVE THERAPSIST (INDEPENDENT CONSULTANTS)
8.1. Personal Touch is NOT the National Register, or Federation, of Personal Trainers. All Personal Trainers are members of the Register of Exercise Professionals (REPS). Personal Touch are a sourcing agency, supplying quality professionals to corporate and private sectors by supplying marketing solutions to health and fitness practitioners. Our Trainers are all Independent Contractors, however, for your convenience, Personal Touch checks that each Trainer:
- has relevant liability insurance cover (min £2m)
- has personal accident insurance
- is a member of REPS at level 3
- holds a current first aid qualification
- and has an enhanced CRB certificate if working with children
- has the necessary experience
8.2. Once we have checked our Trainers, we place them in our PT Directory, with their skills and services so that we are able to access the most suitable Trainer for you when you contact us. Once we link you up with a Trainer, Personal Touch accepts no further responsibility for any mal-practice from our registered Trainers and we respectfully request our clients draw their attention to each Trainer's individual qualifications and industry body affiliations. If a client has any doubts about the chosen fitness professional they can contact Personal Touch at info@personaltouchtraining.co.uk and we can find you another Trainer.
8.3. The Alternative Therapists who appear on this Website are also all Independent Contractors. Personal Touch DOES NOT verify their details in depth so we respectfully request our clients draw their attention to their individual qualifications and industry body affiliations before acquiring the services of any of our Alternative Therapists. We do personally recommend these Therapists ourselves but do not accept liability for our clients choosing them or for any consequences arising thereafter. Personal Touch accepts no responsibility for any mal-practice from our Alternative Therapists. If a client has any doubts about the chosen Alternative Therapist they can contact Personal Touch at info@personaltouchtraining.co.uk
8.4. All Personal Trainers and Alternative Therapists (Independent Contractors) should take pride in showing you their qualification certifications and insurance. Your request to verify these, should you wish, will not be taken as an offence in any way.
If you have a grievance in relation to our company in general or about any of our registered fitness professionals, please contact us in confidence at info@personaltouchtraining.co.uk
9. ORDERING FROM US
9.1. You are deemed to place an order with us by ordering via our online checkout process or via phone.
9.2. It is not possible to order all of our supplements online. For these items you will need to call Personal Touch on 01525 403156 or 07813 871 776 or you can email Personal Touch on info@personaltouchtraining.co.uk.
9.3. You will be offered to pay via cheque or via Pay pal. Please make cheques payable to Personal Touch and allow 4 days to clear before we can release your supplements.
9.4. As part of our ordering process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
9.5. Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
9.6. We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if your cheque does not clear
(d) if there has been a pricing or product description error; or
(e) if you do not meet any eligibility criteria set out in our terms and conditions.
10. PRICING
10.1. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
10.2. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are in line with the Royal Mails current first class postage structure.
10.3 Our prices are reviewed periodically and we reserve the right to change these as and when we choose without notice.
11. CANCELLATION AND RETURNS POLICY
11.1. If you wish to cancel your order made with us on our Website:
(a) you can notify us by email to info@personaltouchtraining.co.ukbefore we have dispatched the goods to you; or
(b) and goods have already been dispatched to you, you must return them to us in good working order and in original, undamaged packaging within 7 days of receipt. Please note, we only offer a returns policy on certain products, i.e. you can only return our Home Start-Up Packs. Due to the nature of our supplements being foodstuffs, we cannot offer a refund on these products. Likewise, due to copyright, we cannot refund you on our Business Start-Up Packs.
11.2. The costs of returning goods to us shall be borne by you.
11.3. Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
12. WORKSHOP BOOKINGS AND PERSONAL TRAINING SESSION BOOKINGS
12.1. Your place on a workshop is confirmed when payment has been received in full. Please note that fees cannot be transferred to other workshops/courses/events.
12.2. If you wish to cancel your Personal Touch Workshops, the following terms apply:
(a) Cancellations up to 30 days prior to workshop: Full refund minus £15.00 administration charge
(b) Cancellations up 15-29 days prior to workshop: 50% refund
(c) Cancellations within 14 days of workshops and ‘no shows’ on the day: No refund
12.3. By making a booking on to our workshops you are deemed to have read and accepted our cancellation policies
12.4. Personal Touch operates a 24 hour Cancellation Policy for all individual sessions booked with our Personal Trainers. If you wish to cancel a Personal Training appointment with us you must contact your Trainer direct giving 24 hours advance notice. If you do not cancel within 24 hours of your appointment, unfortunately they must charge you for your session.
12.5. Cancellations via email will not be accepted. It is your responsibility to ensure that your Trainer knows you need to cancel 24 hours in advance.
13. LICENCE
13.1. You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
13.2. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 13.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
13.3. Subject to clause 13.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
13.4. Any rights not expressly granted in these terms are reserved.
14. LINKS TO AND FROM OTHER WEBSITES
14.1. The incorporation of any links to other sites does not imply that we approve or endorse the contents of that site or the material available from it and Personal Touch is not responsible for the content of such sites.
14.2. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
14.3. If you would like to link to this Website, you may only do so on the basis that you get prior consent from info@personaltouchtraining.co.uk. Once consent is granted you may only link on the basis that you do not replicate any pages of this website and that you only link to the page specified by us. Your consent is subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Personal Touch logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Personal Touch trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
14.4. We expressly reserve the right to revoke the right granted in this clause 14.3. for breach of these terms and to take any action we deem appropriate.
14.5. You shall fully indemnify us for any loss or damage we or any of our Independent Contractors may suffer or incur as a result of your breach of clause 14.3.
15. LIABILITY
15.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our Independent Contractors, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
15.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
15.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
15.4 You agree to indemnify us fully, defend and hold us, and our Independent Contractors, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
16. GOVERNING LAW AND JURISDICTION
16.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
16.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
17. MISCELLANEOUS
17.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
17.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
17.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
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