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Terms and Conditions of Use

These Terms and Conditions ("Terms") constitute a binding legal agreement between you, the user ("User"), and James Swift Personal Training ("I" or "me"), regarding your access to and use of the James Swift Personal Training website ("Website"). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms

in their entirety. If you disagree with any part of these Terms, please cease using the Website immediately.

1. Acceptance of Terms

  • Agreement: Your use of the Website constitutes your express agreement to these Terms and creates a legally binding agreement between you and me.

  • Incorporated Documents: These Terms incorporate the Website's Disclaimer and Privacy Policy by reference. These documents are integral parts of these Terms, and you agree to be bound by them as well. Please ensure you read and understand these documents alongside these Terms.

  • Updates: I reserve the right, in my sole discretion, to modify these Terms at any time without prior written notice. The updated Terms will be posted on the Website. You are responsible for periodically reviewing the Terms for changes. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes.

  • Age Restriction: You represent and warrant that you are at least 18 years old and possess the legal capacity to enter into a binding agreement with me. You may not access or use the Website if you do not meet all of these requirements.

  • Informational Purposes: Any information presented on the Website is intended solely for informational purposes and should not be construed as professional advice. You are solely responsible for your use of the information and agree that I am not liable for any decisions you make based on the information provided.

2. Payment Terms

  • Payment Obligation: You are responsible for all payments associated with your subscription, regardless of whether you utilize the services.

  • Payment Methods: We accept payments via Credit or Debit Card through the secure PayPal platform.

  • Payment Processing: I utilize a secure financial data collection mechanism that transmits your payment details (excluding full credit card information) and subscription package details to PayPal for processing in accordance with applicable PCI-DSS standards. PayPal stores the last four digits and expiry date of your card and details regarding payment due dates.

  • Recurring Payments: By submitting your request for a specific subscription package, you authorize recurring payments in accordance with that package (unless cancelled per our terms). You also authorize PayPal to collect payment from your provided Credit or Debit Card.

  • Prohibited Actions: You agree not to send credit card details directly to James Swift Personal Training via email or any other insecure method.

  • PayPal Terms: You acknowledge and agree that additional terms and conditions may apply from PayPal. Please refer to https://www.paypal.com/uk/signin for further information.

3. Booking Training Sessions

  • Booking Platform: The Website allows you to book personalized training sessions directly.

  • Secure Payment: All training session payments must be made securely online through the provided payment gateway.

  • Cancellation & Refunds: Please refer to the service policy for details regarding cancellation and refund options for training sessions. The service policy is incorporated by reference into these Terms.

4. Purchasing Digital Products

  • Availability: The Website offers downloadable digital products such as recipe packs and training plans.

  • Secure Payment: Payment for all digital products must be processed securely through the Website's payment gateway.

  • Non-Refundable Policy: Please be aware that due to the nature of digital products, all sales are final and non-refundable.

  • Intellectual Property Rights: I retain all copyright, trademarks, designs, and other intellectual property rights ("Intellectual Property Rights") associated with the Website and the coaching materials. Unauthorized use of these materials, by you or anyone authorized by you, is strictly prohibited and may violate copyright, trademark, privacy, publicity laws, and communication regulations. You acknowledge that damages may not adequately remedy any infringement of my Intellectual Property Rights. I reserve the right to seek injunctive relief, specific performance, and other equitable remedies for any threatened or actual breach by you. Proof of special damages will not be required to enforce these rights.

5. User-Generated Content

  • Content Submission: The Website may allow you to submit content such as reviews, comments, and testimonials ("User-Generated Content").

  • Sole Responsibility: You are solely responsible for the User-Generated Content you submit. You agree not to post any unlawful, offensive, infringing, defamatory, or misleading content.

  • Content Management: I reserve the right, at my sole discretion, to remove or edit any User-Generated Content that violates these Terms or that I deem inappropriate for any reason.

6. Privacy

  • Commitment to Privacy: I value your privacy and am committed to protecting your personal information. I will only use your personal information in accordance with the Website's Privacy Policy, which can be found on the Website [link to Privacy Policy]. Please read the Privacy Policy to understand how your information is collected, used, disclosed, and protected.

7. Limitation of Liability

  • Disclaimer of Warranties: THE WEBSITE, INCLUDING ALL CONTENT, SERVICES, AND PRODUCTS PROVIDED THEREON, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING OR USAGE. I DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

  • Limitation of Liability: I SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS PROVIDED THEREON.

8. Termination

  • Termination by Me: I may terminate your access to and use of the Website at any time, for any reason, or for no reason at all, with or without notice.

  • Termination by You: You may terminate your use of the Website at any time.

9. Governing Law and Dispute Resolution

  • Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

  • Dispute Resolution: Any dispute arising out of or relating to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Entire Agreement

  • These Terms constitute the entire agreement between you and me regarding your access to and use of the Website.

11. Severability

  • If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Waiver

  • No waiver of any provision of these Terms by me shall be deemed a further or continuing waiver of such provision or any other provision.

13. Contact Information

 

BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

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