Terms & Conditions

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Contents

Introduction: who we are and what these Registration Terms are for
Registration: how to get started
You: general stuff about you and your basic obligations
Workouts: how to stay safe when working out
Premium Services: our premium services and how you sign up
In App Purchases: how you can access additional features
Content: what content you can post to Gym Plan
Complaints: what to do if you aren’t happy and need to contact us
The Service: what happens if we want to amend our Service, these Terms or our Privacy Policy
LiabilityLiability: our liability to you
This Contract: general legal stuff about our relationship with you, often called ‘the boilerplates’.

Introduction

Gym Plan is a fitness app and website that allows its users to access a training programs and workouts. All you have to do is tell Gym Plan what your fitness goals are and you’ll be given a training plan suitable for you. Like the sound of that? Well you can even use the Gym Plan app to contact a coach directly and get help when needed. You’ve now got no excuse but to become jacked and shredded!

A service like Gym Plan (which in this document we’ll refer to as “the Service”) requires lots of people to interact with each other (us included) within some kind of framework designed to safeguard everyone’s legitimate interests. In essence, that framework is provided by these Registration Terms, (which we will refer to as the “Terms”).

Gym Plan is owned and operated by Fit Gurus Ltd, a company registered in England and Wales with company registration number 09250197 whose registered office is located at Campus North, Sunco House, 5 Carliol Square, Newcastle upon Tyne, England, NE1 6UF. When we use words like “we”, “us” and “our” in these Terms, we are referring to Fit Gurus Ltd. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “Website” is the one hosted at gymplanapp.com and the “App” is the Gym Plan mobile application that is currently available on Apple and Android devices.

If you’re wanting to access our Service you will need to register with us and to do that, you need to accept these Terms. If you don’t accept these Terms, you will be able to browse through the home page of the Website and the App, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.

Registration

Anybody can download the App and access the Website, but in order to use our Service and any other functionality that we provide from time to time you must register. We will need some basic information from you in order to complete your registration. You can provide us with your name, a functioning email address and a password or alternatively you can log in using your Facebook account. In completing your registration, you confirm that the information you are providing to us during the process is accurate and up-to-date. You can change these details later by accessing your account or by sending us an email to .

By creating an account that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t have to do anything in particular. If you register and subsequently decide not to use the Service, there’s nothing you are required to do and we don’t charge you for accessing the Service. If you wish, you can even have your registration terminated please email with your registration email in the subject line. We will completely remove your data within 24 hours. But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.

Should you need to contact us after registration, we may ask you to identify yourself by providing your email address (sometimes we may call this your “User ID”). This is just so we can link you to your Gym Plan account. If you have chosen to log into our Service through your Facebook account, your User ID will be the email address that is linked to that social media account.

You’ll always be able to find a copy of these Terms on the Website and the App, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms have changed. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.

You

We mentioned above the minimum information that you’ll have to provide to us in order to register. Of course, that information alone will be enough to identify you personally and so for that reason, it is protected under the Data Protection Act 1998 (and probably equivalent laws in your jurisdiction, if you’re not living in the UK). Should you engage in any of our paid subscription services - that we discuss later in these Terms - you will also have to provide us with further information about yourself. We will handle that information in accordance with our Privacy Policy, which forms part of these Terms and thereby, our contract with you. We must be able to identify you as an individual from the information that you provide to us upon registration and to that extent only, you confirm that your information is accurate and that you will keep it up to date.

Because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.

Assuming then that you are over 18, capable of entering into contracts that are legally binding on you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like Gym Plan means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).

You can terminate your account with us at any time. There is more about this in the Privacy Policy so please take a look at that.

We may terminate your account if, at our discretion, we consider that you have become inactive. Generally this will be where you have not interacted with our Service for a year or so, but it may be less and there may be other factors we take into account.

Workouts

When you register to use our Service, you will be able to access a range of workouts and training programs. The workouts may be videos for you to watch and written instructions for you to work from. The workouts aren’t easy as we want you to train hard and regularly to achieve your goals. However, the most important thing is that you stay safe. The last thing that we want is for you to cause yourself any injuries or carry out exercises that are too advanced for you. Our workouts involve strenuous physical exercise and, depending upon which workout you select, may include the use of equipment such as weights, straps, resistance bands and other gym equipment. We strongly advise that you seek the advice of your G.P. (and your physiotherapist or other health professional, should you be working with one) before starting any of our workouts or using any gym equipment. Gym Plan is not a medical organisation so its coaches, advisors and employees cannot provide you with any medical advice or diagnosis. You also shouldn’t take any content from our Website or App (including any content in the workouts) as being any form of medical advice or diagnosis.

All suggestions, recommendations and comments made on our Website or App (including those in the workouts) relating to the use of equipment, poses, moves and instruction are for your reference only. There is no requirement for you to do anything that you aren’t sure about or aren’t comfortable with. Yes, we want you to work hard and feel like you’ve had a killer workout. But as the saying goes, it’s better to be safe than sorry. So if you think your chosen workout is a bit too advanced for you, try a slightly easier workout and you’ll be working your way up to the initial one in no time.

By using the Website and App to access our Service, you acknowledge that physical exercise involves strenuous physical movement and that such exercise carries the risk of injury (whether that be physical or mental). It is your responsibility to judge your physical condition, mental capability and your limits whilst exercising and you agree to only select workouts that are appropriate for you. From time to time, our trainers may suggest physical adjustments to a workout or the use of equipment and it is your responsibility to determine if the suggestion is appropriate for you. You’ll see that later in these Terms we talk about the issue of liability but, just to confirm, Gym Plan does not accept any liability in regards to any injury that you may suffer when accessing our Service (unless that injury is caused by our negligence, fraud or fraudulent misstatement).

Premium Services

We don’t charge you to use our Service, but we do offer an additional paid subscription service to you through the App (which we will refer to as the “Premium Services”). This is a great way for you to receive services that will push you further towards your goals. If you’ve got any queries about the Premium Services being offered, you can use the App to message the trainer directly.

If you decide that you want to buy Premium Services, all you’ve got to do is hit the upgrade button on our App. You will then need to pay the subscription charges in full through your app store (whether that be Apple’s App Store or Android’s Google Play Store), so make sure that you know your login details. The app store should then send a receipt to your email address - you may wish to contact them if you don’t receive a receipt, to check that your payment has been processed ok.

It remains your responsibility to judge the Premium Services and to only undertake exercises that are appropriate for you. On that basis, our clause relating to “Workouts” in these Terms will apply to the Premium Services. If you are unhappy or unsure about any element of the Premium Services, you can use the App to directly contact us. If you wish to raise any complaint, please contact us at . Maintaining quality in our Service is very important to us and we promise to investigate your complaint fully.

In App Purchases

From time to time we may create additional features that you can use within our App (which we will refer to as “In App Purchases”) to enhance the Service that we provide. These features won’t automatically come up in our App. Instead, we’ll advertise them and if it’s something you may be interested in you can purchase them through your app store (whether that be Apple’s App Store or Android’s Google Play Store). We hope to make a lot of our In App Purchases free of charge, as we want as many users as possible to use our Service and get training. However, some features may cost us quite bit of money or time, and it may be that we have to charge a one-off payment for those ones. We’ll set out the prices (if any) on our App and this will also be displayed when you go to make the purchase through your app store. The app store should then send a receipt to your email address - you may wish to contact them if you don’t receive a receipt, to check that your payment has been processed ok.

We hope that you’ll love our In App Purchases as much as we do. If however you have any queries about them, or you think that there may be an error in their functionality, please send us an email to . We want the In App Purchases to be spot on so welcome all of your comments and queries!

Content

As a fitness Website and App, Gym Plan is what its users make it. That said, there are core purposes for it (as outlined above) that encompass everything that we and our users do with it.

You agree that you are solely responsible and liable for all activities carried out through your use of the App and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.

You may use your registration to contact us directly and agree not to “troll” either of us for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”. If you use your registration to troll or to distribute spam, we’ll terminate your registration immediately.

You further promise that any content you upload (such as direct messages to us or our coaches) will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful. For short, let’s call this “Unlawful Content”. If you do upload Unlawful Content, we reserve the right to remove it immediately from our Service. If we remove it we may let you know that we have done this but we reserve the right not to, should we consider the content to be an intentional breach of these Terms. We may allow you to explain why you have uploaded the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration.

You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.

Should you use the Website or the App to upload content (such as direct messages to us or our coaches), you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to upload it to the Website and the App. You also confirm that you will not upload content that infringes the rights of others, whether or not they are users of the Website or the App. We do not claim ownership of any content that you upload on the Website or the App.

Where you upload content that infringes the intellectual property rights of somebody else, we may delete that content immediately. We will contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).

If you breach the terms relating to your content either by uploading Unlawful Content or by uploading content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash on lawyers, investigators and the like. Consequently, where this happens you agree to fully compensate us, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘will hold us harmless’. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).

One final thing on the subject of intellectual property rights. Just as you may own the content that you upload, we own the framework and content that makes up the Service. That includes all the ‘copy’, the code, the look and feel, the trade marks and the graphics. The workout videos are owned by our coaches but are licensed to us for our Service. You can use all of that in making use of your registration in accordance with these Terms, but absolutely no more than that. Even the copyright in these Terms and the other legal documentation you see on the website is owned by our lawyers and licensed to us for this purpose. Were you to use their things without asking, they would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms. If you wish to engage with the Service as a trainer, we have other terms and conditions that apply to that. Contact us at to find out more on this.

Complaints

If you come across any evidence to suggest that somebody using the Service is in breach of these Terms, it would be a terrific help if you would let us know so that we can take action to stop them. Again, please feel free to contact us at .

The Service

At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features (such as our In App Purchases) all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.

It might be that new functionality requires changes or additions to these Terms or the Privacy Policy, so when we launch new features, you might want to check to see whether we’ve made any changes to either.

Liability

Consumers enjoy protection under a variety of laws in different jurisdictions around the world and most of our users will be using our Website and App as a consumer. Nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.

Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE OR THE APP, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.

In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.

If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.

These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).

In making sure that our users and customers are satisfied and that the Website and the App is work- ing efficiently, we may review the data being transmitted by you to us and to our trainers. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.

You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE OR THE APP OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.

There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.

This Contract

From time to time, we will give you information relating to your use of the Website and the App. This might be information about new functionality or old functionality that we are going to withdraw. It might be to let you know that we have made changes to these Terms or the Privacy Policy. We will send this information to you in the form of notifications via the App. We might also send an email to the address you have given us when registering (which is why we need you to keep that email address up-to-date) or the address linked to your social media account. English law requires that certain information that we might have to pass to you has to be in writing, so you accept that information we provide to you electronically is indeed ‘written’ for this purpose.

If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to but if you really feel the need, you can send us a letter by post, sent to our registered address (see ‘Introduction’ above).

Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.

It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.

Everything relevant to our contractual relationship with you is set out either in these Terms or in the Privacy Policy. We have no earlier contractual arrangement or understanding with you or any sort. If there is anything that you seek to rely on in creating your registration, please disregard it right now, because in submitting your registration and accepting these Terms, you must acknowledge that in registering to use the App, you haven’t relied upon any statement made or promise given by us, whether stated plainly or implied from our conduct UNLESS that representation or statement is repeated either in these Terms or in the Privacy Policy. We have to have this rule because (1) we need some certainty about our relationship with you, and (2) because imagine having thousands of customers and having different, potentially undefined contracts with each: it just wouldn’t work.

In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.

This concludes these Terms and as soon as you sign up by submitting your registration to the Website or App, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of the App will be subject to the exclusive jurisdiction of the courts of England and Wales.

These Terms were last modified on 12th Step 2017 at 12:45 UTC.