1. Our content
1.1 The copyright, trademarks, designs and any other intellectual property rights (“Intellectual Property Rights”) within this Website are owned by Hillcliff Personal Training or by third parties that have given us permission to use them. The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or by Hillcliff Personal Training with explicit prior written consent. Any unauthorised use of the images or other content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes. You acknowledge that damages may not be an adequate remedy for any infringement of our Intellectual Property Rights and that we shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of Intellectual Property Rights by you and that no proof of special damages shall be necessary for the enforcement of these rights.
2. Access to member-only content on the Website
2.2 Your right to use and access the Membership area of the Website is personal to you, and you must not allow any other person to gain access to the Membership area of the Website using your username and password. You must keep your username and password confidential.
2.3 You are entitled to use and access the Membership area of the Website from the time you receive a username and password by email until your Membership subscription expires or until your Membership subscription is terminated in accordance with these Terms. Your username and password will be disabled by us at the time your Membership subscription period expires, or upon termination in accordance with these Terms.
3.1 Hillcliff Personal Training can change any price detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to you at the time you submit your application for paid-for services. We may make offers to new subscribers at any time. Personal Training and Class fees are all payable in advance and Online Membership Fees are payable one calendar month in advance.
3.2 Under UK legislation, you have the right to cancel your membership subscription within seven (7) Working Days from the date you submit your application for subscription to Hillcliff Personal Training. If this right is exercised, we will aim to refund any Membership subscription fee paid within thirty (30) days. Please contact us to cancel your subscription on this basis by submitting a cancellation request to us via contact us page, within the seven (7) Working Days notice period. Please note, this right is immediately lost should you access any of the subscriber content contained on the Website, or if you accept any of the Hillcliff Personal Training services provided through your subscription to Hillcliff Personal Training.
3.3 After 7 working days no refunds shall be given for any unused remaining period of your Membership, for any subscription package.
3.4 Any promotion code or offer provided for use on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
3.5 For face to face Personal Training see written contract for specific refund and cancellation policies. For class bookings see http://hillcliff.com/bookings.
4. Payment Terms
4.1 The Member is responsible for paying all sums due to Hillcliff Personal Training in connection with their Membership account. The first Membership fee payable is due when the Membership account is setup and payment of the Membership fee is a condition of Membership. Failure by the Member to use any of the services available for a Member through its subscription to Hillcliff Personal Training does not relieve the Member of their payment obligations under these Terms.
4.2 Potential registrants and/or Members can pay by PayPal, Credit Card or Debit Card or via Netbanx. Payment details, together with details of the package applied for, shall be collected by us through our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member’s financial data (as well as subscription package data) to PayPal or Netbanx’s online payment system for processing. The potential registrant / Member acknowledges that we hold data regarding the package that is being signed up to by the potential registrant / Member, in addition to the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due.
The potential registrant and/or Member shall NOT send credit card details to Hillcliff Personal Training directly by email or any other publically interceptable means, electronically or otherwise. All credit card transactions shall be processed through PayPal or Netbanx directly via the Website. Hillcliff Personal Training cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
4.3 Potential registrants and/or Members should be aware that further terms and conditions required by PayPal and Netbanx may apply, and can be found at www.paypal.co.uk and www1.netbanx.com
4.4 Hillcliff Personal Training reserves the right to immediately terminate a Member’s account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event Hillcliff Personal Training starts collection processes of any type, the Member shall be liable for all collection costs, including reasonable legal fees and expenses.
4.5 Hillcliff Personal Training reserves the right to terminate a Member’s account and/or service for any reason (including paid-for subscriptions and/or guest subscriptions), on serving notice to the Member at any time by email to the Member.
4.6 Hillcliff Personal Training reserves the right to terminate a Member’s account and/or service (for paid-for subscriptions and/or guest subscriptions) immediately if a Member has used the Website for unsuitable or inappropriate means or has behaved in an unsuitable manner, as determined by Hillcliff Personal Training in its entire discretion. The Member shall not be entitled to any refund of Fees if Hillcliff Personal Training terminates Membership in accordance with these Terms.
4.7 The Fees chargeable to paid-for Members include any applicable value added tax (VAT), or any other applicable tax or levy.
5.1. Please see our separate document which details our Disclaimer in relation to the Website.
5.2 Hillcliff Personal Training shall operate the Website and provide the services set out on the Website with reasonable skill and care.
5.3 In addition to the terms of the Disclaimer, we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of Hillcliff Personal Training.
5.4 Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
5.5 Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
5.6 By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
6.1 A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
6.2 In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority it may be severed from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
6.3 These Terms, and any document referred to herein, represent the entire agreement between us and the Member for the provision of any services and the Website and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, in relation to the services. The Member acknowledges that, in entering into the contract with Hillcliff Personal Training on these Terms, that it has not relied upon any representation, undertaking or promise by Hillcliff Personal Training or be implied from anything said or written between the parties prior to the contract being finalised, except as expressly stated in these Terms. The Member shall have no remedy in respect of any untrue statement made by Hillcliff Personal Training, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the Member’s only remedy shall be for breach of contract as provided in these Terms.
6.4 These Terms are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else who is not a party to it and the provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply.
6.5 These Terms and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or the subject matter contained within the Terms.
Mailing address: Hillcliff Personal Training 22 Bedford Avenue, Barnet, UK EN5 2EP
Updated 12th February 2014