Terms and Conditions

These Terms and Conditions (“Terms”) govern Your use of ownitinthegym.co.uk (the “Site”) and the Products and Services offered by Rachel Amies (the “Trainer”) and form a binding contractual agreement between You and Rachel Amies.

This Site and the Products and Services available are intended for people aged 18 and over only.

Acceptance of the Terms

By using the Site and/or purchasing any of the Products and Services, You agree to be bound by these Terms, which You acknowledge that You have read and understood.

All or part of these Terms may be changed at any time. In this case, the new terms and conditions will be posted on the Site. Your continued use of the Site will constitute Your acceptance of any changes. If You object to any changes to the Terms, Your only remedy is to contact Rachel Amies at info@rachelamies.co.uk and immediately discontinue Your use of the Products and/or Services.

Disclaimer

Rachel Amies provides support, guidance and tools for You to set health and fitness goals and achieve results. Your success depends on many factors, including Your dedication, participation, desire, and motivation.

The Trainer cannot and does not make any guarantees about Your ability to get results with her information, tools, or strategies. You acknowledge that there is no guarantee that You will achieve results following Your purchase of any Products and/or Services.

Rachel Amies provides general exercise and nutrition education and coaching and is not medically qualified. You understand that:

No Product or Service is intended to cure, prevent, diagnose, alleviate or treat any medical conditions, physical or mental;
No information on the Site, or contained in the Products and/or Services, should be used as a substitute for the advice provided by Your physician or other healthcare professional;
If You have or suspect that You have a medical problem, You should promptly contact Your health care provider;
If at any time You notice any unanticipated changes to Your health (physical, mental or emotional), You should seek medical attention immediately;
You should be in good health when using the Products or Services provided by the Trainer. Please seek medical advice if You are unsure;
Before relying on any information on the Site or in the Products and/or Services, You should carefully evaluate the accuracy, completeness and relevance of this information to Your purposes and health particularities and consider the need to obtain appropriate expert advice relevant to Your circumstances. No warranty is given that the information is free from error or suitable for Your purposes.

Any health or fitness representations referenced on the Site, in the Products or during the provision of the Services, are illustrative of concepts only and should not be considered as promises for actual or future performance or results.

Any testimonials and examples on the Site or within the Trainer’s marketing materials are not to be taken as a guarantee that You will achieve the same or similar results.

Limited Liability

Your use of the Site and Your engagement with and/or participation in the Products and Services is at Your own risk.

In no event will Rachel Amies be liable for any damages whatsoever. This includes (but is not restricted to):

Personal injury or death arising from use of the Products and/or Services;
Loss or damages causes by failure of performance, error, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
Loss or damages caused by accessing websites maintained by other organisations through links on the Site or Products and Services. Links are provided for convenience only. Rachel Amies does not endorse linked websites nor their products and services and You access them at Your own risk;
Loss or damages caused by the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on the Site.
The cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of this Site, the Products or Services.

Your Indemnity

By agreeing to these Terms, You indemnify Rachel Amies from all actions, suits, claims, demands, liabilities, costs, expenses, losses and damages incurred or suffered by You as a direct or indirect consequence of using or attempting to use the Site, Products, Services or information, or by Your violation or breach of the Terms.

Acceptance of Risk

You acknowledge and agree that participation in exercise, and as such, any use of the Products and/or Services, carries an inherent risk.

In accepting these Terms, You accept and assume all risks, and take full responsibility for Your own actions, safety and welfare. You accept that the Trainer does not have any responsibility for safeguarding You or Your property from the dangers of using the Products and/or Services.

In accepting these Terms, You acknowledge and agree that You do not have any medical condition(s) that would prevent You from using the Products and/or Services or that would result in any injury or damage to You, or anyone else, as a result of this use. If You are aware of any such medical condition(s), You are solely responsible for abstaining from using the Product and/or Services.

You acknowledge and agree that You have been advised to consult a physician before using any of the Products and/or Services.

You acknowledge and agree that You have been advised to make sure that the area used for any physical activity is suitable and safe. The area must be (a) a flat surface (b) clear of any obstacles (c) spacious enough for the type of activity.

You acknowledge and agree that You have been made aware that a combination of alcohol, medication, and drugs can cause unexpected side effects that can severely affect Your health and ability to use the Products and/or Services safely. You accept full responsibility for Your own actions, health and welfare, and You acknowledge and agree that the Trainer will not be vigilant as to Your condition with regards to alcohol, medication, or drugs.

You acknowledge and agree that You shall be liable for all other costs, expenses and expenditures incurred to enable Your use of the Products and/or Services, including (without limitation), any equipment necessary and/or gym membership, travel expenses and parking.

You understand that when using the Site, Product and/or Services, You may come across material that You find objectionable and agree that You are using the Site, Product and/or Services at Your own risk.

You acknowledge and agree that You will not share any of the Products and/or Services with any other person. You acknowledge and agree that You will be solely responsible for, and bear all liability that results, in the event You share any of the Products and/or Services with any other person.

Permitted Use

You may use the Trainer’s Site, Products and Services only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.

You may not use the Trainer’s Site, Products or Services in any manner that:

Breaches any applicable local, national or international law or regulation;
May in any way be considered harassment to another person or entity Is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith; or
May in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
Will reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Product or Services.

You will not post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

You will not disrupt the functioning of the Site, in any manner.

Intellectual Property

You acknowledge and accept that Rachel Amies owns all right, title and interest in the Site, Products and Services, and any associated data files and intellectual property associated with these.

You agree not to decipher, decompile, disassemble, reconstruct, translate, or discover any of the intellectual property or ideas, file formats, or interoperability interfaces underlying the Site, Product or Services. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services Products or Services) based on the Site or Product content that You do not own or to which You have rights. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Site or Product in any form (including by email or other electronic means), without prior written consent.

In the event that You provide the Trainer with feedback, the Trainer may use such feedback to improve the Product and/or Services, or for any other purpose she deems appropriate. Furthermore, the Trainer shall own such feedback and the Trainer and her affiliates, licensees, clients, partners, third-party providers and other authorised entitled may use, license, distribute, reproduce and commercialise the feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such feedback to the Trainer.

Your Details and Privacy

In order to use the Products and/or Services listed on the Site, You must register by completing an application form. You must provide accurate, complete and up-to-date personal information, as requested, and it is Your responsibility to inform the Trainer of any changes to Your information.

To the extent that You provide personal information, Rachel Amies is committed to maintaining the confidentiality, integrity and security of any such personal information as defined below:

By using the Products and/or Services, You consent to the collection, use and disclosure of Your personal information by the Trainer. You may always opt not to disclose certain Personal Information, but which may restrict access to certain features of the Product. For example, Your name, email address and billing address are necessary to complete the registration process;
When You sign up for a Product and/or Service, You are opting in to receive emails about the Product and/or Service for administrative or technical issues and You may occasionally receive other information relevant to the Trainer or the Trainer’s Products and/or Services;
The Trainer will never send email messages to You requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as You may compromise Your personal information by replying or by following links to a fraudulent website;
The Trainer relies on You to ensure that the personal information You enter into the Trainer’s system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You may review or update Your personal information by logging in and updating;
To keep Your personal information secure, You are required to safeguard Your end-user name and password information;
The Trainer will not use or disclose personal information other than the purposes identified below:

To communicate with You and provide customer service and support, administrative messages, updates, and security alerts, to resolve disputes, and to troubleshoot problems;
To process payments. To use certain services on the Product, the Trainer may require debit or credit card account information. By submitting Your debit or credit card information, You expressly consent to sharing of Your information with third-party payment processors and other third-party service providers;
To enforce the Trainer’s rights against You or in connection with a breach by You of the Terms of Use; to investigate or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of the Trainer, or the Trainer’s other Clients; to prevent prohibited or illegal activities; to prevent situations involving potential threats to the physical safety of any person; or when required by any applicable law, rule, regulation, subpoena, or other legal process.

Your Confidentiality

Your confidential and proprietary information, ideas and plans (collectively, Confidential Information) will be respected, and by using the Products and/or Services, You agree to respect the same rights of other Product and/or Service users. You agree:

That any Confidential Information shared by other participants (e.g in group discussions or forums) is confidential and proprietary and belongs solely and exclusively to the participant who discloses it;
That all materials and information provided to You by the Trainer are her confidential and proprietary information and intellectual property, belong solely and exclusively to her, and may only be used by You as authorised by the Trainer;
That if You violate, or threaten to violate, any of Your agreements contained in this paragraph, the Trainer will be entitled to, among other things, injunctive relief to prohibit such violations;
While You are free to discuss Your personal results from the Trainer’s services, You must keep the experience and statements, oral or written, of the other participants in the strictest of confidence.

Payment Terms

Payments are operated through an online billing system (Online Payment). Where Your payments are made via Online Payment:

You agree to ensure sufficient funds are available in Your nominated account to meet any account withdrawals made by the Trainer on their scheduled due dates;
If payment is defaulted or not received, You authorise the Trainer to debit any outstanding funds from Your nominated account without need for notification at a future date.

The services provided by the Product and the applicable fees shall continue until the end of Your subscription term after You have notified the Trainer of Your desire to unsubscribe from the Product, to close Your account, and to cease Your use of the Product.

The Trainer may terminate her relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:

If You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at the Trainer’s discretion;

If the Trainer has changed her Terms or Privacy Policy and has not received Your required consent;
If the Trainer is required to terminate the relationship by law;
If the Trainer receives any notice of Your misuse of the Product; or
If provision of the Product is no longer commercially viable for the Trainer.

Upon termination of the relationship, the Trainer will immediately revoke Your license to use the Product and block all access to Your account features, and may delete all data and information associated with Your account 30 days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination.

Refund Policy

If You are not happy with the Product and/or the Services provided by the Trainer You can request a full refund within 14 days of making Your initial payment. Refund requests and an explanation of the reason for the refund request must be made in writing and emailed to the Trainer at info@rachelamies.co.uk

Links and Affiliations

The Site, Products and Services may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by the Trainer of any such linked website or the company it purports to represent.

The Trainer does not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold the Trainer harmless and hereby release her from any liability whatsoever, for any liability, claim, injury, loss or damage suffered as a result of Your actions associated with any products or services that are available from those sites.

Force Majeure

You agree that Rachel Amies is not liable for a delay or failure in performance of the Product and/or Services caused by any occurrence of unforeseen events beyond reasonable control, including but not limited to: Natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.