Terms Of Service
StayFit Terms of Service ("Agreement")
This Agreement was last modified on April 01, 2017.
Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.stay-fit.co.uk ("the Site") and StayFit #ForgetRoutineWorkouts ("App") operated by StayFit ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for “your” (the “user”, “users”, “client” or “personal trainer”) use of the Site at www.stay-fit.co.uk and App.
By accessing or using the Site or App in any manner, including, but not limited to, visiting or browsing the Site or App or contributing content or other materials to the Site or App, “you” (the user, “client” or “personal trainer”) agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
StayFit is a technology company providing clients and personal trainers with a means of connecting with one another. We also provide technology solutions for the fitness industry. We do not act as a business providing Personal Training to Clients as this responsibility lies with individual, independent Personal Trainers. We are not responsible or liable for any exercise practices, injuries (medical or non-medical), fees and payments, training plans, dietary requirements, complaints, disputes, legal proceedings and any other fitness- associated activities or their consequences. These are the sole responsibilities of the independent and individual Personal Trainer who conducts the training, as we do not have any control over what takes place between the Personal Trainer and Client.
The Site or App and its original content, features and functionality are owned by StayFit and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are responsible for any activity that occurs in your StayFit account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than 1 account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent or lease access to your StayFit account, a StayFit username or a friend link without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorised third-party applications or clients.
- You will not advetise your business services or any other form of advertising on the StayFit app unless authorised by us or on a valid subscription plan.
If you think that someone has gained access to your account, please reach out immediately to StayFit support
We may terminate your access to the Site or App, without cause or notice, if any of these Terms of Service are violated. This may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your Account at any time by emailing the StayFit Support Team. Except as specifically set forth herein or on the Site, there are no refunds for any fees paid.
You are solely responsible for terminating your account and this Agreement. We are not responsible for your failure to properly terminate your account and this Agreement or for any credit card or other charges or fees you incur as a result of your failure to properly terminate your account and this Agreement. Additionally, we will not be held liable for termination of your account and this Agreement if we receive a request to terminate the same from your e-mail address by other persons impersonating you. It is solely your responsibility to ensure the security of your profile and e-mail account.
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper or other automated means or interface to access the Services or extract other users' information.
- You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, affect negatively or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services.
- You will not use or attempt to use another user’s account, username or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access.
- You will not probe, scan or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Links To Other Sites
This Agreement (and any further rules, polices or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.
Services – Personal Trainers
We agree to provide the services you purchase as described on the Web site. Stay-Fit offers a range of services to personal trainers which are categorised either as Basic, Standard or Premium. Memberships include the following: Directory service of Personal Trainer accessible on website and app, Directory Service of Classes accessible on website, Messaging Service and Search Engine Optimisation (SEO). Premium account holders enjoy additional services which include Reporting, Website Design and Management and Promo Ads.
To provide continuous service, StayFit automatically renews all paid subscriptions upon expiration. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). By using the Site and App, you acknowledge that Your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish Your Account to renew automatically, please follow the directions set out under "Cancellations & Refunds."
Cancellations & Refunds
When your paid plan begins, you will receive an e-mail receipt. You may cancel at any time before the end of your first month, however you will be charged. Thereafter, you may cancel Your Account at any time, and you will not be charged further; however, you will not receive a refund when you cancel. Directions for cancelling are below.
Direction For Cancelling Auto Renew Subscriptions
- Log in to your StayFit Account on the Site.
- Click "Your Name," then "Account Settings".
- At the bottom of the page, there is a section for Subscriptions
- After reading the notes there, Click "Cancel Subscription".
Alternatively contact StayFit team at firstname.lastname@example.org
Your Account will be deactivated immediately, and your account data will be scheduled for deletion. Deletion may occur at any time.
Payments - Payment for the Services will be made securely via PayPal in advance using a valid credit or debit card
Changes - We may change our fees at any time by posting a new pricing structure on our Website and/or sending you a notification by email.
Refunds - We do not provide any refunds unless in exceptional circumstances (“technical payment issues” or “duplicate payments”). Refunds must be reported to the StayFit Customer Service Team within 48 hours of the payment date and evidence must be provided for a refund request to be accepted.
*Technical payment issues – This refers to payments made by you, which do not result in an activated purchase appearing on your account. Evidence must be provided for a refund to take place.
*Duplicate payments – This refers to a duplication in the payment process. Evidence must be provided for a refund to take place.
Profile and Feature Services
Profiles - You are solely responsible for the content of your profile (including any uploaded images) and for the consequences of any incorrect, inappropriate, defamatory or offensive content. Failure to comply with our requirements will result in inactivation and removal of your profile from the Site or App. It is your sole responsibility to ensure that all information you provide is correct, current and in no way defamatory, offensive or inappropriate and is provided in accordance with these Terms of Service and requirements listed here.
- Do not upload any images that contain full body nudity
- Do not use any inappropriate language
- Do not provide false information or qualifications
Profile Advertisements - To promote your personal training services and business, StayFit will use images from your profile (profile image and/or gallery) to promote your business through our marketing channels. Adverts will contain use of images from your profile and/or gallery along with the StayFit brand. You agree for StayFit to use images from your profile and/or gallery for marketing purposes.
Promotions - We may provide discounted services as part of StayFit's promotional schemes. These services will entitle the account user to exploratory use of the Site for an introductory period defined by us. Further use of the Site and its services will require a subscription.
Termination of Profile Advertisements and Features - We will not be responsible for the inactivation or deletion of profiles and features carried out on the Site by you or other persons impersonating you. It is solely your responsibility to ensure the security of your profile and e-mail address.
StayFit Software Feature Service
StayFit creates software plug-ins and software widgets using feedback from StayFit members. This service is free to use and is subject to review of the feedback received with regard to the new feature.
StayFit must be emailed with suggestions relating to new features. Once reviewed and accepted, StayFit will notify users of the new feature on the Site.
The affiliate programme is a limited-period introductory programme to market StayFit to fitness professionals. We reserve the right to terminate this programme at the end of this period as determined by us.
Any unclaimed reward points outstanding at the end of this period will be converted to shopping vouchers to the value of the most recently-attained threshold level, and any reward points beyond this threshold will not be redeemable by the affiliate due to the numerical denominations of shopping vouchers.
Reward points will only be redeemable by an affiliate as shopping vouchers from Marks and Spencer or Apple Inc and the choice of voucher provided will remain with StayFit. In the event that StayFit cannot obtain shopping vouchers from these sources to the value of a claimed reward, shopping vouchers from other retailers may be provided, of StayFit's choice. Reward points will not be paid in cash, electronic funds or by any other means, monetary or otherwise. The maximum amount in vouchers that an affiliate will be able to redeem over the course of the programme is limited to £600 and no further vouchers will be provided for new referrals who create an activated profile on the Site.
StayFit will only supply you with your personal link to share with fitness professionals as described below. StayFit will not be responsible or liable in any way for any further activities or dealings you undertake (please see below). As an affiliate you agree:
- To be bound by, and to behave and conduct all activities and dealings in accordance with, the StayFit Terms of Service in a responsible, legal, professional, ethical and non-fraudulent manner. StayFit will not be responsible or liable for any of these or for other behaviours, activities, advertising and dealings in whatever manner and by whatever means they are conducted, and will not be liable in any way for any damages or claims arising as a result.
- To share your personal link with fitness professionals for the sole purpose of inviting them to the Site to create an activated profile. You will only share your personal link with fitness professionals by use of your personal social media or directly with a fitness professional on a one-to-one basis. StayFit will not be responsible or liable for any of these activities, or for any inappropriate, fraudulent or impersonated use of your personal link, personal social media or such one-to-one dealings, or for other unapproved activities (such as advertising), or for any costs that may arise as a result of your activities.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service and it is your sole responsibility to ensure that you have read and understood these Terms entirely, and that you remain up-to-date with these Terms. We will not be responsible for any lack of knowledge regarding these and updated Terms.
Please review this Agreement periodically for changes. If you do not agree to any of the Terms detailed here or to any changes to this Agreement, do not use, access or continue to access the Site and discontinue all use of the Site immediately.
If you have any questions about this Agreement, please contact us.