This agreement sets forth the terms and conditions of the Users access to and use of the Our Services including, but not limited to Our Website, App (‘Application’), Notifications, APIs, and Ads. By accessing and using Our Service, you, the User, agree to be bound by these our Terms of Service.
Sharon Porter Fitness and Buggy 4 Fitness are platforms enabling Users to engage in online fitness coaching, pay as you go classes, one to one personal or Group training events.
Sharon Porter Fitness may change the User Agreement along with any related material as required by posting amended terms on the Website. The Services are provided by Sharon Porter Fitness also trading as Buggy 4 Fitness.
In This Agreement:
“Website” refers to the services offered by Sharon Porter Fitness.
“Booking” means your booking made using the website
“User”, “user”, “you”, “your”, means any entity who uses Our Services.
“SP Fitness Solutions”, “we”, “our”, or “us” means Sharon Porter Fitness
“Intellectual Property Rights” refers to all intellectual rights including but not limited to: (a) copyright, patents, registered designs, trademarks, and any right to have confidential information kept confidential; and (b), whether or not such privileges are listed or capable of being listed and whether current under any laws.
“Sharon Porter Fitness Services” means services delivered by Sharon Porter Fitness, including but not limited to those delivered via Our Website and offline services including coaching and group training events.
1. System Requirements
1.1 In order to use the Website, the User is required to have a compatible device, internet access, and the necessary minimum specifications (‘Software Requirements’).
1.2 The User hereby acknowledges that these may change from time to time, without notice, and that Sharon Porter Fitness makes no representations as to the accuracy of the Software Requirements defined in this clause.
1.3 The User may be required to obtain software and / or hardware updates or upgrades from time to time as may be necessary for the continued use of the Site.
1.4 The User hereby acknowledges and agrees that such system requirements as specified under this clause remain their responsibility.
2. Service Delivery
We provide pay as you go coaching, rolling monthly memberships and coaching packages. This includes one to one or group training as well as online coaching. We offer pay as you coaching as well as rolling monthly memberships.
While we provide a fitness coaching service, Sharon Porter Fitness offers no guaranteed results for any services we offer. Results may vary and all users agree to seek medical advice prior to participating in any of our programs.
4. Fees and Services
Sharon Porter Fitness may choose to temporarily change the fees for any of our services for promotional events (for example, discounts on prepaid coaching) or new services, and such changes are effective when Sharon Porter Fitness post the temporary promotional event or new service on the website.
Unless otherwise stated, all fees are quoted in British Pound Sterling.
5. Eligible Use
You confirm that you are of legal age to access and use Our Site and Services and of legal capacity to agree to Our Terms. You are not eligible to use Our Services if you are under the age of 18.
6. Booking Process & Payment
You can make a booking through our website, over the phone, through email or within the appointment scheduler by selecting the service you wish to purchase. Bookings can be made up to 4 weeks in advance. At time of booking, payment details and full payment will be collected. Group training and one to one sessions are pay as you go or invoiced monthly in arrears.
We will do all that we reasonably can to ensure that all of the information you give us when paying for the service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you may give us at any time.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via Verified by Visa.
By making a booking you agree to provide complete, correct and true information including without limitation billing and payment information.
Once your booking is accepted and confirmed by us, you will receive confirmation of your appointment by email.
Please note that all fees and charges are exclusive of VAT and VAT will be charged by the prevailing rate where applicable.
Prices include the selected service. Prices are reviewed from time to time and the Price you will be required to pay will be determined by the Prices in force at the time of booking.
8. Customer Responsibilities
It is your responsibility to provide complete and accurate information at the time of booking. Failure to provide complete and accurate information may result in a rejection of your booking request, cancellation of your booking. Such failure may also result in loss or incorrect delivery of your booking confirmation. Clients arriving late to any appointments will not be allowed to carry time over to another booking.
9. Cancellation & Refunds
You have a contractual entitlement to cancel any booking you have made with us under the following circumstances and on the described terms.
If you reschedule or cancel an appointment 48 hours before original booking date, there is never a cancelling fee.
If you cancel or reschedule less than 24 hours before your appointment start time, you will be charged the full fee on your original booking.
Transferability of services without written permission is not allowed under any circumstances.
10. Prohibited Use
Our Booking Services are for the purposes of inquiring about or making bookings for services as expressly described above. You must not use the Site to do any of the following which are strictly prohibited:
Engage in any inappropriate behaviour including but not limited to illicit or sexually suggestive remarks, sexual advances, drug use, excessive drinking and/or other inappropriate behaviour;
- Infringe the privacy rights, property rights, or other civil rights of any person;
- Harass, abuse, threaten or otherwise infringe or violate the rights of others especially within group sessions;
- Harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
- Use technology or other means to access our computer network, unauthorised content or non-public spaces;
- Introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit our Services’ functionality;
- Damage, disable or otherwise impair our servers or networks or attempt to do the same; and;
- Engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms for unlawful or unauthorised purposes.
You agree not to breach these Terms in any way which may result in, among other things, termination or suspension of your access to our services and our Website.
11. Intellectual Property
Sharon Porter Fitness logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with the Site, any App or the Services (whether registered or unregistered) belong to us or our licensors (as are applicable) and are protected by intellectual property law. Nothing in these Terms grants you any rights in the Site or App or the content within the same. All rights are reserved.
Additional Reservation of Rights
Sharon Porter Fitness reserves the right to change, add, subtract or in any way alter these Conditions without the prior consent of the User.
Data Protection and Consent
Sharon Porter Fitness gathers certain information about you. In this notice, references to ‘we’ or ‘us’ means Sharon Porter Fitness who are Data Controllers. We may gather information directly from you or from third parties, such as service providers and agents. You can withdraw your consent to the use of personal data for marketing at any time by contacting us using the “Contact Us” link on our site.
You will protect us (and Sharon Porter Fitness directors, officers, agents, and employees) against any entitlement or request, including permissible costs and fees arising out of or due to your acting in contradiction to this Agreement, or your breach of any laws in the course of using the Sharon Porter Fitness.
13. Limitation of Liability
Under no circumstances shall Sharon Porter Fitness be liable for:
- any unintended, consequential, distinctive or related damages that might arise;
- any damage to business, income, or profits (whether indirect or direct) that might be experienced by you;
- any damage, claim, or loss which might be sustained by you as a consequence of any of your dealings concerning the Applicatio
Any dispute to be resolved regarding services shall be submitted to Sharon Porter Fitness for resolution. If we are unable to resolve the dispute within ten days (or such longer time as mutually agreed in writing) after the date on which we received the dispute, then each party (user and/or client) shall be free to pursue whatever remedies may be available to them under English Law, in respect of the subject matter of dispute.
15. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SHARON PORTER FITNESS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, SHARON PORTER FITNESS DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SHARON PORTER FITNESS PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, SHARON PORTER FITNESS EXCLUDE ALL WARRANTIES.
16. Liability for SP Fitness Solutions Services
WHEN PERMITTED BY LAW, SHARON PORTER FITNESS AND OUR SUPPLIERS AND DISTRIBUTORS WHERE APPLICABLE, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SHARON PORTER FITNESS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF SHARON PORTER FITNESS CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, SHARON PORTER FITNESS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
17. Jurisdiction Limitations
In case any law or jurisdiction prohibits limitations outlined in this agreement or sets limits to these limitations, Sharon Porter Fitness reserve the right to request limitations to the maximum extent permissible by these laws.
18. Law and Forum for Legal Disputes
This Agreement will be governed in all respects by English Law. If a dispute cannot be resolved, then you and Sharon Porter Fitness irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
The inaccuracy of any part of this agreement will not and shall not be thought to affect the legitimacy of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the left over provisions shall be considered to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
Titles are for reference purposes only and in no way limit, define, describe or construe the range or degree of such section.
For the purposes of the Data Protection Act 1998, Sharon Porter Fitness (‘we’ or ‘us’) is the ‘data controller’ (i.e. the company who is responsible for, and controls the processing of, your personal data).
Name of representative: Sharon Porter Fitness
Telephone number: 07825 706983
Email: [email protected]
Personal data we may collect about you
Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. The information is used to track visitor use of the website and to compile statistical reports on website activity. For further information about cookies visit www.aboutcookies.org or www.allaboutcookies.org. You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function if you remove cookies from your browser.
How we use your personal data
We will use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:
- to help us identify you and any accounts you hold with us
- research, statistical analysis and behavioural analysis
- customer profiling and analysing your purchasing preferences
- marketing-see ‘Marketing and opting out’, below
- customising the website and its content to your particular preferences
- to notify you of any changes to this Website, or to our services that may affect you
- improving our service
- ensuring correct use of the Website
Marketing and opting out
We will only contact you by email about our products and promotions if you have asked us to do so. If you have changed your mind and would prefer us not to contact you, then you can opt out at any time. See further ‘Your rights’, below.
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
- access to your account is controlled by a password and username that are unique to you
- we store your personal data on secure servers
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
We may monitor and record communications with you (such as emails) for the purpose of quality assurance, training, fraud prevention and compliance.
Information about other individuals
If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
- give consent on his/her behalf to the processing of his/her personal data
- receive on his/her behalf any data protection notices
You have the right, subject to the payment of a small fee (currently £10), to request access to personal data that we may process about you. If you wish to exercise this right, you should:
- put your request in writing;
- include proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill);
- attach a cheque in the amount of [£10] made payable to Sharon Porter; and
- specify the personal data you want access to, including any account or reference numbers where applicable.
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:
- put your request in writing;
- provide us with enough information to identify you (e.g. username, registration details); and
- specify the information that is incorrect and what it should be replaced with.
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:
- put your request in writing (an email sent to hell[email protected] with a header that says ‘Unsubscribe’ is acceptable),
- provide us with enough information to identify you (e.g. username, registration details), and
- if your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone), please specify the channel you are objecting to
Our contact details