Terms & Conditions

Terms & Conditions

Terms & Conditions

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 10 (Limitation of liability).

  1. About us
    • Company details. GET MY PT LIMITED (company number 10776631) (we and us) is a company registered in England and Wales and our registered office is at 119 The Hub, 300 Kensall Road, London, W10 5BE. We operate the website getmypt.com (Website).
    • Contacting us. To contact us please e-mail customer services team at info@getmypt.com. How to give us formal notice of any matter under the Contract is set out in clause 2.
  2. Background and Terms and Conditions
    • The Services. We have developed certain software applications and platforms which we make available to subscribers via the internet through the Website (Services).
    • The Services help people looking for a personal trainer (PT) find one that works for them.
    • Our contract. These terms and conditions (Terms) apply to the supply of Services by us to you (both PTs and anyone else) (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
    • Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
    • Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
  3. Registering for the Services
    • Please follow the onscreen prompts to register for the Services. You may only register using the method set out on the Website. Completing and submitting your registration constitutes an offer by you to subscribe for the Services subject to these Terms.
    • Our registration process allows you to check and amend any errors before submitting your registration to us. Please check the registration carefully before submitting it. You are responsible for ensuring that all information supplied by you in the registration is complete, truthful and accurate, and that you notify us of any changes to the information provided.
    • After you submit your registration, you will receive an email from us acknowledging that we have received it.
    • Our acceptance of your subscription takes place once you have successfully registered as a member.
  4. Our services
    • In this clause the following definitions shall apply:

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

Normal Business Hours: 8.00 am to 6.00 pm local UK time, each Business Day.

  • We shall, during the term of this agreement provide the Services and make the platform available to you on and subject to the terms of the Contract.
  • We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
    • planned maintenance carried out during the maintenance window of 10.00pm to 2.00am UK time;
    • urgent unscheduled maintenance performed within Normal Business Hours; and
    • any circumstance not within our reasonable control.
  • Subject to our right to amend the specification (see clause 5) we will supply the Services to you in accordance with the specification for the Services appearing on the Website at the date of your order in all material respects.
  • We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
  1. Third party providers

You acknowledge that the Services may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk.  We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party.  Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, not us.  We recommend that you refer to the third-party’s website terms and conditions and privacy policy prior to using the relevant third-party website.  We do not endorse or approve of any third-party website nor the contents of any third-party website made available via the Services.

  1. Your obligations
    • If you are subscribing to the Services as a PT it is your responsibility to ensure that:
      • the registration details you provide are complete, truthful and accurate;
      • you provide us with:
        • all necessary co-operation in all matters relating to the Contract and the Services;
        • all necessary access to such information as we may require;

in order to provide the Services, including but not limited to Customer Data (as defined in clause 9), security access information and configuration services and ensure that such information is complete and accurate in all material respects;

  • during this agreement and for a period of one year afterwards you shall maintain in force insurance policies with reputable insurance companies, against all risks that would normally be insured against by a prudent person in connection with the risks associated with this agreement and personal training, and produce to us on demand full particulars of that insurance;
  • you obtain and maintain all necessary licences, permissions and consents which may be required for you, your contractors and agents, to perform their obligations under this Contract, including without limitation the Services;
  • you comply with all applicable laws, including health and safety laws; and
  • you carry out all your other responsibilities set out in this agreement in a timely and efficient manner.
  • You act professionally, fairly and with integrity in all your business dealings and relationships.
  • You shall not during the course of your use of the Services access, store, distribute or transmit:
    • any thing or device (including any software, code, file or programme) which may:
      • prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device;
      • prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or date in whole or in part or otherwise); or
      • adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices (Virus);
    • any material that:
      • is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      • facilitates illegal activity;
      • depicts sexually explicit images;
      • promotes unlawful violence;
      • is discriminatory based on race, gender, colour, religious belief, sexual orientation or disability; or
      • is otherwise illegal or causes damage or injury to any person or property;

and we reserve the right, without liability or prejudice to our other rights to you, to disable your access to any material that breaches the provisions of this clause.

  • You shall not:
    • except as may be allowed by any applicable law which is capable of exclusion by agreement between us and you and except to the extent expressly permitted under this Contract:
      • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any of the software applications and/or platforms (as applicable) in any form or media or by any means; or
      • attempt to de-compile, reverse compile, disassemble, reverse engine or otherwise reduce to human-perceivable form all or any part of the software; or
    • access all or any part of the Services in order to build a product or service which competes with the Services; or
    • use the Services to provide services to third parties; or
    • subject to clause 16(b), licence, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Services available to any third party; or
    • attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 6; or
    • introduce or permit the introduction of any Virus into our network and information systems.
  • You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, notify us promptly.
  • If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any of the obligations set out in clause 1 to 6.4 above (Your Default):
    • we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 12 (Termination);
    • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
    • it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  • You shall be, to the extent permitted by law and except as otherwise provided in this Contract, solely responsible for procuring, maintaining and securing your network connections and telecommunications links from your systems to our data centres, and all problems, conditions, delays, delivery, failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
  1. Charges and payment
    • If you are subscribing to the Services as a PT you must pay our charges (Charges) in accordance with this clause 7 and the details of the monthly subscription fee posted on the Website from time to time.
    • The Charges will be collected monthly by direct debit via a third-party payment provider.
    • We reserve the right to increase the Charges on an annual basis with effect from each anniversary of your registration upon 60 days’ prior written notice to you.
    • Our Charges are inclusive of any VAT that may be payable.
    • If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 12 (Termination), or any other rights or remedies we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide any or all the Services while the overdue sum(s) remain unpaid.
    • All amounts due under the Contract shall be payable in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  2. Intellectual property rights
    • All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
    • We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 2.
    • Subject to the other terms of this agreement and our Privacy Policy, you agree to grant us a fully paid-up, non-exclusive, royalty-free, perpetual licence to use any materials (including Customer Data) provided by you to us for all purposes including the provision of the Services, marketing and advertising by us.
  3. Your data
    • In this clause the following definitions apply:

Customer Data: the data inputted by you, or us on your behalf for the purposes of using the Services or facilitating your use of the Services.

Data Protection Legislation: the UK Data Protection Legislation and any other European Union Legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/139/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

  • You shall own all right, title and interest in all of the Customer Data that is not personal data, and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
  • In the event of any loss or damage to Customer Data, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data (if any). We shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party.
  • We shall, in providing the Services, comply with our Privacy Policy available on the Website or such other website address as may be notified to you from time to time, as such document may be amended by us from time to time at our sole discretion.
  • We shall both comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to and does not relieve, remove or replace our obligations or rights under the Data Protection Legislation.
  • We both acknowledge that:
    • if we process any personal data on your behalf when performing our obligations under this Contract, you are the controller and we are the processor for the purposes of the Data Protection Legislation;
    • further details of how we will process personal data are set out in our privacy policy; and
    • the personal data may be transferred or stored outside the European Economic Area (EEA) or the country where you are located in order to carry out the Services and our other obligations under this Contract.
  • Without prejudice to the generality of clause 9.5, you shall ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the personal date to us for the duration and purposes of this Contract so that we may lawfully use, process and transfer the personal date in accordance with this Contract on your behalf.
  • Without prejudice to the generality of clause 9.5, we shall, in relation to any personal data processed in connection with our performance of our obligations under the Contract:
    • process that personal data only on your documented written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us and/or Domestic UK Law (where Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK) to process personal data (Applicable Laws). Where we are relying on Applicable Laws as the basis for processing personal data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you;
    • not transfer any personal data outside of the EEA and the United Kingdom unless the following conditions are fulfilled:
      • you or we have provided appropriate safeguards in relation to the transfer;
      • the data subject has enforceable rights and effective legal remedies;
      • we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
      • we comply with reasonable instructions notified to us in advance by you with respect to the processing of the personal data;
    • assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
    • notify you without undue delay on becoming aware of a personal data breach;
    • at your written direction, delete or return personal data and copies thereof to you on termination of the Contract unless required by Applicable Laws to store the personal data (and for these purposes the term “delete” shall mean to put such data beyond use; and
    • maintain complete and accurate records and information to demonstrate our compliance with this clause 9 and immediately inform you if, in our opinion, an instruction infringes the Data Protection Legislation.
  • We shall each ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing the effectiveness of the technical and organisational measures adopted by us).
  • We may, at any time on not less than 30 days’ notice, revise this clause 9 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme.
    1. Limitation of liability

:

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

  • Except as expressly and specifically provided in the Contract:
    • you assume sole responsibility for results obtained from your use of the Services and the Website/platform and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Services or any actions taken by us at your direction;
    • all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Contract; and
    • the Services are provided and the Website/platform is made available to you on an “as is” basis.
  • Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
    • death or personal injury caused by negligence; and
    • fraud or fraudulent misrepresentation.
  • Subject to clause 2, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
    • loss of profits;
    • loss of sales or business;
    • loss of agreements or contracts;
    • loss of anticipated savings;
    • loss of use or corruption of software, data or information;
    • loss of or damage to goodwill; and
    • any indirect or consequential loss.
  • Subject to clause 2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid under the Contract.
  • Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
  • This clause 10 will survive termination of the Contract.
  1. Confidentiality
    • We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • We each may disclose the other’s confidential information:
      • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
  2. Term and Termination
    • The Contract shall be automatically renewed for successive periods of 1 month (each a Renewal Period), unless:
      • either party notifies the other party of termination in writing at least 14 days before the end of any Renewal Period in which case the Contract shall terminate upon the expiry of the applicable Renewal Period; or
      • otherwise terminated in accordance with the provisions of the Contract.
  • Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect if:
    • you commit a material breach of any term of the Contract and (if such a breach is remediable) you fail to remedy that breach within 10 days of you being notified in writing to do so;
    • you fail to pay any amount due under the Contract on the due date for payment;
    • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
    • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
    • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • you breach the terms of clause 6 in any way.
  • Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
  • We may suspend the performance of the Services with immediate effect where we suspect you have breached any term of the Contract.
  • In the event we have terminated the Services for any of the grounds set out in clause 12.2 you shall not be permitted to re-register for the Services.
  • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
  1. Events outside our control
    • We will not be liable or responsible for any failure to perform, or for the delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
  1. Non-solicitation

You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of the Contract.

  1. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
    • A notice or other communication is deemed to have been received:
      • if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  2. General

Assignment and transfer.

  • We may assign or transfer our rights and obligations under the Contract to another entity but we will always notify you in writing or by posting on this webpage if this happens.
  • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
  • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
  • If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
  • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
  • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
  • Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

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