Terms & Conditions

USER AGREEMENT

PLEASE READ THIS USER AGREEMENT (“UA”) CAREFULLY. It sets out the Terms and Conditions under which Tom Cowan Exercise Physiologist Ltd (“TCEP” / the “Company”), a company incorporated in England and Wales under company registration number 13498564 and with its registered place of business at Flat 4 Mulberry House, 320B High Road, London N15 4BN makes this mobile application (the “App”) and its content available to You (the “User” / “Client”).

By downloading this App and creating a User Profile you accept and agree to be bound by this UA which forms a binding contractual agreement between You and TCEP.

ABOUT THIS APP

This App allows TCEP to give You access to a Training Program designed to help You achieve your health and fitness goals.

ELIGIBILITY

This App is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the App. By using the App, You represent and warrant that You are over the age of 18 years and accessing the App for personal use.

Any content made available to You through the App is intended for your use only and TCEP accepts no liability for any loss, damage or injury suffered by anyone other than You using the App or the content made available to You.

DISCLAIMERS

BY USING THIS APP, YOU ACKNOWLEDGE THAT ANY HEALTH AND FITNESS GUIDANCE GIVEN TO YOU BY TCEP AND ANY CONTENT MADE AVAILABLE TO YOU ON THIS APP IS NOT A SUBSTITUTE FOR MEDICAL ADVICE AND YOU MUST CONTINUE TO TAKE ALL MEDICATIONS AND FOLLOW ALL TREATMENT ADVICE PRESCRIBED BY YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER.

IF YOU ARE FEELING UNWELL OR EXPERIENCE ANY NEW FEELINGS OR SYMPTOMS YOU SHOULD STOP EXERCISING IMMEDIATELY AND CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITHOUT DELAY.

ACCEPTANCE OF RISK

BY USING THIS APP YOU ACKNOWLEDGE THAT WHILE EXERCISE IS GENERALLY SAFE FOR MOST PEOPLE THE REACTION OF THE BODY TO EXERCISE CANNOT BE GUARANTEED AND YOU ACCEPT THAT THERE IS A RISK THAT ABNORMAL CHANGES CAN OCCUR WHICH MAY RESULT IN YOU SUFFERING ABNORMALITIES OF BLOOD PRESSURE, FAINTING, HEART ATTACK, STROKE, PHYSICAL INJURY AND EVEN DEATH.

ALTHOUGH ANY CONTENT MADE AVAILABLE TO YOU IS DESIGNED TO MINIMISE THE RISK WHILST PROVIDING YOU WITH AN EFFECTIVE TRAINING PROGRAM YOU ARE NEVER-THE-LESS RESPONSIIBLE FOR YOUR OWN HEALTH AND SAFETY. IF AT ANY TIME YOU FEEL UNDUE PAIN, UNUSUAL SYMPTOMS OR EXCESSIVE DISCOMFORT YOU SHOULD STOP THE ACTIVITY AND INFORM YOUR TRAINER OF YOUR SYMPTOM SO THAT SUITABLE ADJUSTMENTS MAY BE MADE BUT THIS SHOULD NEVER STOP YOU FROM SEEKING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL IF YOU HAVE ANY CONCERNS.

IF PERFORMING A VIDEO TRAINING SESSION OR A REMOTE TRAINING SESSION WHERE THE TRAINER IS NOT PRESENT AT THE SAME LOCATION WITH YOU, THEN YOU MUST ALWAYS EXERCISE WITH SOMEBODY ELSE PRESENT AT YOUR TRAINING LOCATION IN CASE ANY ABNORMAL CHANGES OCCUR WHICH MAY RESULT IN SUFFERING ABNORMALITIES OF BLOOD PRESSURE, FAINTING, HEART ATTACK, STROKE, PHYSICAL INJURY AND EVEN DEATH. BY USING THIS APP, YOU AGREE TO ONLY PERFORMING EXERCISE WHEN SOMEBODY ELSE IS

PRESENT AT YOUR TRAINING LOCATION.

USER PROFILE

In order to make use of this App You will need to provide certain personal information to register as a user. You will then receive an email with a link to enable You to verify your account and continue setting up your User Profile within the App.

It is Your responsibility to ensure that all information which You provide to TCEP is accurate, complete and current at all times and any failure on Your part to do so constitutes a breach of this UA.

TCEP may, in its absolute discretion, choose to accept You as a registered user of the App and provide you with a User Profile.

TCEP may, in its absolute discretion, suspend or cancel your User Profile at any time and for any reason, including for any failure to comply with this UA.

In order to enjoy the full benefits of the App and your Training Program You may choose to share certain Personal Information, including Sensitive Personal Information with TCEP

Your User Profile will be password protected but it is your responsibility to keep your password safe and TCEP accepts no liability for any loss or damage caused by your failure to keep your password secure.

COLLECTION NOTICE AND PRIVACY

TCEP collects Personal Information, including Sensitive Personal Information about You in order for You to access and use the App and in order to provide You with content to help You get the most out of your Training Program.

More information about what Personal Information we collect and how we use, disclose and store your Personal Information, including Sensitive Personal Information is contained in our Privacy Policy which can be accessed here.

TERMINATION

TCEP reserves the right to terminate Your access to the App at any time and for any reason and no prior notice shall be required.

In the event that Your access is terminated you will no longer be able to access any of the content made available to You through the App.

LIMITED LICENSE

You are granted a non-exclusive, non-transferable, royalty free license to use the App but nothing in this UA shall be deemed to convey to You any rights, title or ownership interests in and to the App or any content made available to You through the App.

You may not use, copy, modify or transfer the App (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence.

Your license will automatically be terminated if You:

• attempt to probe, scan or test the vulnerability of the App or a system or to breach security or authentication measures without proper authorisation;
• attempt to interfere with service to any other User, host or network, including, without limitation, through means of a virus, overloading, flooding, spamming, mail bombing or crashing;
• attempt to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the App, except as expressly permitted by law; or
• use the App in any way other than as herein provided for then.

By using the App, You consent to TCEP collecting and using technical information, and data, about the devices used to access the App and any related software to improve Our products and to provide any Services to You.

AVAILABILITY OF THE APP

This App is made available to You for download from the Apple App Store and / or Google Play Store and by downloading this App you agree to abide by any of their rules and policies and TCEP accepts no liability for any violation of those rules and policies.

TCEP makes no guarantee that the App will operate effectively on any system used by You to access the App.

From time to time, updates to the App may be issued through your app store provider. Depending on the update, You may not be able to use the App until You have downloaded the latest version of the App and accepted any new terms.

This App is provided on an “As Is” and “As Available” basis with all faults and defects and without warranty of any kind and TCEP accepts no liability for any disruption or non-availability of the App at any time and in any geographical location for any duration.

The App may be accessed in and from all jurisdictions across the world and TCEP make no representation that materials or Content available through the App are appropriate or available for all these jurisdictions. If You use the App from a country or location apart from the United Kingdom, you are solely responsible for compliance with necessary laws and regulations for use of the App in your jurisdiction.

TCEP reserves the right to suspend, withdraw, discontinue or change the App or any part thereof at any time and without prior notice.

SECURITY

TCEP does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the App. You should take Your own precautions to ensure that the process You employ to access the App does not expose You to the risk of viruses, malicious computer code or other forms of interference.

CONFIDENTIALITY

The information and Content made available to You in the App is the exclusive property of the TCEP and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part thereof without the express permission of TCEP.

THIRD PARTY CONTENT

The App may contain text, images, data and other content provided by a third party and displayed on the App (“Third Party Content”). TCEP accepts no responsibility for the Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of the Third Party Content.

INTELLECTUAL PROPERTY

The App and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of TCEP and its licensors.

The App and its original content are protected by copyright, trademark, and other laws of both the Country and foreign countries.

USER CONTENT

TCEP may allow You to create, post, share, upload or submit content such as images and text (“User Content”).

You will be the owner of any such User Content and solely responsible for such User Content and all risk associated therewith without limitation, and You must ensure that your User Content does not violate the terms of this UA and other applicable laws including all intellectual property rights associated therewith.

You grant TCEP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to copy and store all User Content in Our systems and back-up systems.

TCEP will not distribute or publish User Content to any third-party or process it unless required by law to do so.

You may not post, share, upload or submit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

TCEP reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Content is appropriate and complies with this UA; refuse or remove User Content.

TCEP further reserves the right to limit or revoke the use of the Service if You post such objectionable Content.

THIRD PARTY ACCESS

TCEP uses FitBudd Software Pvt Ltd (“FitBudd”) , a company incorporated in India under the Companies Act, 2013 of India and having its registered office at Ground Floor, B-482, Sushant Lok, Phase 1, Sector 27, Gurugram-122009 to provide back-end support for the App and as such any Personal Information, including Sensitive Personal Information which you share with TCEP through the App may be shared with FitBudd as data processors.

By using the App You are consenting to TCEP sharing your Personal Information and Sensitive Personal Information with FitBudd in accordance with our privacy policy.

LIMITATION OF LIABILITY

We shall not, to the extent permitted by law, be liable for any indirect or consequential loss or damage

To the maximum extent permitted under applicable law, and without limiting any of Your rights under applicable law, TCEP’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement:

• is excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits or loss of goodwill; and
• is limited, insofar as it concerns other liability, to the total Fees paid to TCEP under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
  

THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 shall not apply to this UA and use of the App and no third party will have any right to enforce or rely on any provision of this UA.

YOUR STATUTORY RIGHTS

This UA gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this UA and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.

GOVERNING LAW AND JURISDICTION

This UA is governed by the laws of England and Wales without regard to principals of conflicts of laws.

You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in respect of any proceedings arising out of or in connection with this UA.

WAIVER

Except as provided for in this UA, no failure by TCEP to exercise a right or to require You to perform an obligation under this UA shall amount to a waiver affecting TCEP’s ability to exercise such right or require such performance at any time thereafter.

No indulgence for any breach of this UA shall amount to a waiver of any continuing or subsequent breach of this UA.

SEVERANCE

Any term of this UA which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this UA is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

You cannot assign, novate or otherwise transfer any of Your rights or obligations under this UA without the prior written consent of TCEP.

COMPLAINTS AND GRIEVANCES

If You have any complaints or concerns with regards to the content of the App or comment on any breach of this UA or any Intellectual Property right of any User You should immediately inform TCEP using the details below:

Email: tom@tcowan.co.uk

Ph: 07596110868

CHANGES TO THESE TERMS

TCEP reserves the right, at its sole discretion, to modify or replace this UA at any time and any such change shall be effective upon publication of the updated UA on the App.

If a change is material TCEP will send you a notification (if we have your email address) about any material amendments to the UA that may be of importance to You but You remain responsible for regularly reviewing the terms of the UA.

By continuing to access or use the App after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the App.

ENTIRE AGREEMENT

This UA and Our privacy policy embodies the entire agreement between the Us and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to Your use of the App.