Date changed: 01/08/2019
These terms and conditions (“Terms”) govern your access to and use of our services, including our websites, content, mobile applications, products or services owned or operated by Us (collectively the “Services”) except where We expressly state that separate terms and conditions (and not these) apply.
1.1 By accessing or using the Services, or otherwise indicating Your consent, You agree to be bound by these Terms and the documents referred to in them.
1.2 If You do not agree with or accept any of these Terms You should stop using the Services immediately and should not become a Member.
1.3 Please read these Terms carefully as they set out the entire agreement between You and Us to the exclusion of any and all other terms.
1.4 We may amend these Terms at any time, in Our sole discretion. Any such amendments shall be effective immediately upon Our notice to You in respect thereof.
1.5 Additional terms or policies, as established or modified from time to time by Us in Our sole discretion, may apply to Your Membership. Any such additional terms or policies shall be effective immediately upon Our notice to You thereof, which notice may be given by posting the additional terms or policies on www.aptitude.fit, by email or by any other reasonable means. Any such additional terms or policies are hereby incorporated by reference into these Terms. In the event of any conflict between any such additional terms or policies and these Terms, these Terms shall prevail.
2. DEFINITIONS AND INTERPRETATION
2.1 In these Terms, the following words have the following meanings (except where the context otherwise requires):
“Administration Fee” means Our fees raised for changing Membership terms or arising out of any breach of these Terms.
“Aptitudefit Rules” means the rules governing Your conduct as set out on Our website at www.aptitude.fit.
“Content” means any text, images, video, audio or other multimedia content, links, graphics, photos, software or other information or material uploaded, downloaded or appearing on the Services.
“Events Outside Our Control” means any act or event beyond Our reasonable control, such as (as examples only) strikes, lockouts or other industrial action, civil commotion, riot, attack or threat of attack, war (whether declared or not) or threat or preparation for war, the action of a government or other public authority, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private utility services, breakdown of systems or network access, or the actions or omissions of third parties or subcontractors.
“Membership Fee” means the annual or monthly fees due from You in consideration for membership of the Services.
“Membership” means membership of the Services, which can be:
- Fit Free: a free membership that can be taken out on a monthly or annual basis.
- Fit Premium: a membership that is paid upfront and has a fixed term of 12 months; or is taken out on monthly subscription basis.
“Membership Fee” means the annual or monthly fees due from You in consideration for membership of the Services.
“Unwanted Submissions” has the meaning given to it in clause 13.1.
“We/Our/Us” means Aptitudefit LLP a company registered in England and Wales (registration number OC420533), whose registered office address is at 3 Connaught House, Benarth Road, Conwy, Wales, LL32 8UB.
“You/Your/Member” means the person who is receiving the benefit of the Services.
2.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
3. YOUR PRIVACY AND PERSONAL INFORMATION
For example, we may monitor how many times you visit the website, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.
4. MEMBERSHIP REQUIREMENTS
4.1 To fully use Our Services You must register to become a Member. Our registration process is an online process. Full Membership prices and options can be found on Our website www.aptitude.fit to be selected by You as part of the registration process.
4.2 By completing the online registration process You are making an offer to become a Member of Us subject to these Terms. We reserve the right to refuse or reject any Membership.
4.3 As part of the online registration process, We reserve the right to carry out identity proofing and verification. Should We deem this necessary We will contact You to obtain Your consent prior to carrying out such verification.
4.4 By completing the online registration process and becoming a Member, You are accepting these Terms (insofar as they are applicable). You should only join if You have read them and accept them.
4.5 As part of the online registration process You must provide complete and accurate registration information to Us and notify Us if Your information changes. You represent that all such information is true, accurate and complete as of the time of registration, and You agree to update Your information as necessary to maintain its truth, accuracy and completeness.
4.6 You agree that You are solely responsible for all activity that occurs under Your account, including any activity by unauthorised users. You must not allow others to use Your account. You must safeguard the confidentiality of Your password and other account details. If You are using a computer that others have access to, You must log out of Your account after using the Services.
4.7 If You become aware of an unauthorised access to Your account, You must change your password and notify Us immediately at [email protected]
4.8 You need to be at least 18 years old to use the Services. By completing the online joining process, you represent that you are 18 years of age or older.
4.9 You are responsible for obtaining and maintaining all hardware, software and other equipment and internet, network, data and other services needed for access to and use of the Services and all charges related thereto.
5. WHO MAY NOT USE THE SERVICE
5.1 You may not use the Service if:
- 5.1.1 You are under 18 years old.
- 5.1.2 You are a convicted sex offender.
- 5.1.3 We have previously terminated and/or disabled Your account for breaches of Our Terms.
6. CONTENT ON THE SERVICES AND GRANT OF RIGHTS
6.1 You are responsible for Your use of the Services and for any Content You provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
6.2 Any use or reliance on any Content posted via the Services or obtained by You through the Services is at Your own risk.
6.3 All Content is the sole responsibility of the person who originated such Content.
6.4 We reserve the right to remove Content that violates Our agreement. If you believe that Your Content has been copied in a way that constitutes copyright infringement, please report this to [email protected]
6.5 You own the Content You submit, post or display on or through the Services but We do need certain permissions from You.
6.6 You grant Us a worldwide, non-exclusive, transferrable, sub-licensable, royalty free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods.
6.7 You represent and warrant that You have, or have obtained, all rights, licences, consents and permissions to grant the rights herein for any Content that you submit, post or display on or though the Services.
7. MEMBERSHIP AND BILLING
7.1 These Terms will become binding on You and Us when We contact You to confirm Your membership application has been accepted, at which point a contract will come into existence between You and Us.
7.2 By completing the online registration process You are agreeing to pay the Membership Fee (if one is payable). These are shown at the start of the registration process and again before You confirm your payment instruction. Where a Membership Fee is payable, as part of the online registration process, You are required to provide to Us a current, valid, accepted payment method. By completing the online registration process and submitting Your payment method, You authorise Us to charge You, via such payment method, the applicable Membership Fee.
7.3 We reserve the right, at Our discretion, to change the Membership Fee. If this happens We will notify You by email not less than 4 weeks before the change is made. You are able to cancel Your Membership within this period, and if We do not hear from You within the period the new monthly Membership Fee will apply automatically.
7.4 You agree to pay us the Membership Fee regardless of whether there is any temporary interruption in the Services and Network.
7.5 All payments made by You to Us are non-refundable even if Your Membership is later cancelled or terminated, unless otherwise agreed by Us.
7.6 Any amounts due to Us that are collected on the date charged, whether due to insufficient funds, cancelled card accounts, or for any other reason, will remain Your obligation to Us. We will continue charging your on-file payment method unless and until You update Your account with a different current, valid and accepted payment method. We may terminate Your Membership at any time if unpaid amounts are outstanding.
7.7 If any payment due from You is returned unpaid or not honoured You will pay Us on demand an Administration Fee of £20 inclusive of Vat.
8. USING THE SERVICES
8.1 The Services are for Your personal and non-commercial use only.
8.2 You agree that You are solely responsible for:
- 8.2.1 all costs and expenses You may incur in relation to Your use of the Services; and
- 8.2.2 keeping Your password and other account details confidential.
8.3 The Services are intended for use only by those who can access them from within the UK. If You choose to access the Services from locations outside the UK, You are responsible for compliance with local laws where they are applicable.
8.4 We seek to make the Services as accessible as possible. If You have any difficulties using the Services, please contact Us at [email protected]
8.5 We may prevent or suspend Your access to the Services if You do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
9. PROHIBITED CONDUCT
In connection with Your access to or use of the Services, You agree to comply with the terms of the Aptitudefit Rules which is available at [www.aptitude.fit/help/policies/XX ].
11. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS LICENSE TO USE THE SERVICE
11.1 The Services and all intellectual property rights in it including but not limited to any Content are owned by Us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of Our and their rights in any intellectual property in connection with these Terms. This means, for example, that We and they remain owners of them and free to use them as We and they see fit.
11.2 Nothing in these Terms grants You any legal rights in the Services other than as necessary to enable You to access the Services and use the Content and (subject to Membership). You agree not to adjust to try to circumvent or delete any notices contained on the Services (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Services.
11.3 Subject to Us approving Your Membership, We grant You a limited, worldwide non-exclusive, non-assignable, licence to access and use the Services for your own personal, non-commercial purposes.
11.4 Trade marks: AptitudeFit, APTITUDEFIT, Get Social Get Fit, Get social get fit are trademarks of EmotionMedia Limited. Other trademarks and trade names may also be used on the Network. The use of any trade marks on the Network is strictly prohibited unless You have Our prior written permission.
12. SUBMITTING INFORMATION
12.1 While We try to make sure that the Services are secure, We cannot guarantee the security of any information that You supply to Us and therefore We cannot guarantee that it will be kept confidential. For that reason, You should not let Us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that You regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While We value your feedback, You agree not to submit any Unwanted Submissions.
12.2 We may use any Unwanted Submissions as We see reasonably fit on a free-of-charge basis (bear in mind that We have no way of knowing whether such information is confidential, commercially sensitive or valuable because We do not monitor the Services to check for these matters). Therefore, We will not be legally responsible for keeping any Unwanted Submissions confidential nor will We be legally responsible to You or anybody else for any use of such Unwanted Submissions.
13. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SERVICES
13.1 While We try to make sure that the Services are accurate, up-to-date and free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Services will be fit or suitable for any purpose. Any use or reliance on any Content or materials posted via the Services or obtained through the Services is at Your own risk.
13.2 We may suspend or terminate operation of the Services at any time as We see fit.
13.3 Content is provided for Your general information purposes only and to inform You about Us and Our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
13.4 While We try to make sure that the Services are available for Your use, We do not promise that the Services are available at all times nor do We promise the uninterrupted use by You of the Services.
14. HYPERLINKS AND THIRD PARTY SITES
The Services may contain hyperlinks or references to third party websites other than the Services. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that We endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
15. ELECTRONIC COMMUNICATIONS
You hereby consent to receiving electronic communications from Us relating to Your Membership, including payment authorisations, change in password or payment methods, confirmation e-mails and other transactional information. These communications may be made by email, to the email address provided by you in the online registration process. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. ENDING YOUR MEMBERSHIP
16.1 As per the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013 You are entitled to cancel your Membership and receive a full refund of any fees paid within 14 days of Our accepting your online registration. However, as per regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if You select to commence Your Membership immediately, or ask Us to start Your Membership early, You agree that if You subsequently cancel Your membership within the 14 days period, You will be refunded any monies paid, less an amount for the Membership You have already used commencing from the first day after joining.
16.2 To exercise the right to cancel the contract, You must inform Us of Your decision to cancel the contract by a clear statement (e.g. a letter sent by post or email).
16.3 In case of a dispute You must show that you cancelled the contract in accordance with the cancellation terms, but for these purposes, it will be sufficient to show that you sent Your communication concerning your exercise of the right to cancel before the cancellation period has expired.
16.4 After the 14-day cancellation period You may terminate Your Membership at any time if You have taken out a Membership on a monthly basis. Your Membership will end with immediate effect, and no refund will be due.
16.5 We will terminate the contract and Your Membership with immediate effect if You do not pay any applicable Administration Fee or Membership Fee when due.
16.6 We may terminate the contract and cancel Your Membership with immediate effect on notice to You if you breach any of our Terms or policies, including in particular the Aptitudefit Rules.
16.7 If We determine that You have seriously or repeatedly breached Our Terms or policies, including in particular the Aptitudefit Rules, We may suspend or permanently disable access to Your account. We may also suspend or disable Your account if required to do so by law. Where appropriate, We will notify You about Your account the next time You try to access it.
16.8 We reserve the right to modify, suspend and terminate the contract and Your Membership at any time by writing to You if:
- 16.8.1 Due to unforeseeable technical or security issues or problems;
- 16.8.2 For fraudulent, deceptive, or illegal activity which We believe is harmful to Our Services and/or business interests;
- 16.8.3 You become, or We reasonably believe that You are about to become, bankrupt or are otherwise unable to pay Your debts when they are due; or
- 16.8.4 We decide that We are no longer providing the Services, providing that We give You at least 3 months’ notice of such decision.
16.9 If You delete or We disable Your account, these Terms shall terminate as a contract between You and Us but any provision that is expressly or by implication intended to survive termination and/or expiry, shall survive termination and/or expiry of this contract.
17. LIMIT ON OUR RESPONSIBILITY TO YOU
17.1 Except for any legal responsibility that We cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of Your personal information, We are not legally responsible for any:
17.1.1 losses that
- (a) were not foreseeable to You and Us when the contract was formed;
- (b) that Were not caused by any breach on Our part;
17.1.2 business losses; and
17.1.3 losses to non-consumers
17.2 We will not pay You compensation if We have failed to carry out Our duties due to:
- 17.2.1 Your own fault;
- 17.2.2 the fault of someone else who is outside of Our control or who is not connected with providing the Services under the contract;
- 17.2.3 Events Beyond Our Control.
17.3 Subject to clause 17.1 Our liability in connection with the contract shall not exceed the amount You pay in total, if any, by You to Us for the Membership.
18.1 You expressly understand and agree that:
- 18.1.1 Local fitness events, classes, activities and other non Aptitudefit products and services offered via the Services are offered and provided by members and third parties not Us. Your access to and use of the Services and your attendance at or participation in any social fitness events, classes or activities and Your use of any other non Aptitudefit products or services, offered via the Services, are all at your sole risk and responsibility. In no event shall We be liable for any act, error or omission of any member or third party, including, without limitation, any act, error or omission that arises during or out of or is any way connected with your attendance at or participation in any social fitness events, class or activity, or your use of any other non Aptitudefit product or service, offered via the Services, or the performance or non-performance of any third party in connection with your use of the Services. We are not an agent of any member or third-party provider.
- 18.1.2 Although each Member must agree to these Terms, We cannot guarantee that each Member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access to the Services by persons under the age of 18 in violation of these Terms. It is also possible that other Members or users may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. We are not responsible for the use of any personal information that You post on the Service or release to others.
- 18.1.3 Your use of the Services, Content and any downloadable software or applications is at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement of proprietary rights.
- 18.1.4 We make no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You though the Services will meet your expectations, and (v) any errors in the software will be corrected.
- 18.1.5 Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
- 18.1.6 No advice or information, whether oral or written, obtained by You from Us or from the Service shall create any warranty not expressly stated in these Terms.
- 18.1.7 We are not a fitness provider and all social fitness events and classes advertised by members on the Service are operated and delivered by the applicable member or third party and not by Us. We are not responsible for quality, safety or usefulness of the fitness events or class. There are certain inherent risks and dangers in exercising and the fitness events offered through the Services involve a range of activity and intensity levels. You acknowledge that You are aware of these risks, which may include, without limitation, property damage, illness and bodily injury or death. You specifically assume the risk or injury or harm. It is Your responsibility to consult your primary care physician or other health care provider prior to participating and to determine if and how participating in any fitness event or class is appropriate. Any health and fitness information offered by the Services is provided for educational and entertainment purposes only, and the use of any of the information on the Services is solely at Your own risk.
You agree that You will indemnify, and keep indemnified, Us from and against any losses, damages, liability, costs (including legal fees) and expense incurred by Us as a result of or in connection with Your breach of any of Your obligations under these Terms or under the contract.
You may be required to agree to the liability waivers of the applicable provider of the fitness event and Your participation may be subject to additional policies, rules or conditions, including fees, of the applicable fitness provider. You may not be permitted to reserve or attend fitness events unless You agree to such liability waivers and/or comply with such additional policies, rules or conditions. Any issues regarding a fitness provider’s liability waivers or additional policies, rules or conditions must be addressed directly to the relevant fitness provider.
21. INFORMATION ABOUT US AND HOW TO CONTACT US
21.1 If You have any questions, or if You have any complaints about the Services, please contact Us. You can contact Us by telephoning +44 1248 250012 or by emailing Us at [email protected]
21.2 If You wish to contact Us in writing, or if any clause in these Terms require You to give Us notice in writing (for example, to cancel the Contract), You can send this to Us by email, by hand or by pre-paid post to [ ]. We will confirm receipt of this by contacting You in writing.
21.3 If We have to contact You or give You notice in writing, We will do so by email, by hand or by pre-paid post to the address You provide to Us.
22.1 We may transfer Our rights and obligations under the contract and Our rights thereunder to a third party on notice to You. Your rights under this contract will not be prejudiced.
22.2 We will not be responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms if such failure or delay is caused by an Event Outside Our Control.
22.3 We may change any of these Terms, including Our prices from time to time.
22.4 You may only transfer Your rights or Your obligations under these Terms to another person with Our prior written consent.
22.5 No third party has any right to enforce the terms of this Contract under the Contracts (Rights of Third Parties) Act 1999.
22.6 If any provision of the contract is found to be unenforceable or invalid, it will be deemed severed from the contract, with the remaining provisions continuing in full force and effect.
22.7 No delay, act or omission by either You or Us in exercising any right will be deemed to be a waiver of that, or any other right.
22.8 These Terms and contract cannot be varied except in writing signed by You and Us.
22.9 These Terms and contract are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.