General Our Platform is available for You to use subject to these Terms and Conditions of Use and You agree that these Terms and Conditions of Use constitute a legally binding agreement between Us and You for the content Platform. If You do not wish to be bound by them then You should leave the site immediately. We reserve the right to amend these terms and conditions at any time and We will post such revisions on Our Platform. Special terms and conditions will apply to products and services that are part of Our subscription services.
Using this Platform – Members
a) Our Platform enables Our Members to access Our online services covering fitness classes and nutritional guidance. You can become a Member by joining via the Platform.
b) Eligibility to become a member – general:
To become a member of The Female Online Coach Programme You will need to:
● Be over the 18 years of age; ● Subscribe to one of the programmes; ● Provide accurate and current information about Yourself.
c) Eligibility to become a member – fitness programme:
Your Health: Please note that whilst Our classes are delivered by an experienced and qualified fitness Coach we cannot assess physical fitness to participate in these classes as we do not have enough background health information. To assist You the following are some questions regarding Your health to which we do not need the answers but if You would answer “yes” to any of these questions then You MUST seek advice from Your doctor before subscribing to these classes.
Are You currently seeing Your GP for any medical reason? Have You ever been seen by a doctor for heart conditions/problems? Do You ever complain of chest/heart pains? Do You ever feel faint or have spells of dizziness? Do You suffer from asthma? Has Your GP ever said that Your blood pressure was too high or too low? Do You have any bone or joint problems such as arthritis that has been aggravated or made worse with exercise? Do You currently take regular medications? Do You currently have any open cuts or wounds? Have You had any recent accidents or serious injuries? Have You had any recent bone fractures? Has Your GP told You NOT to exercise? Do You suffer from diabetes? Do You ever suffer from numbness or pins & needles? Have You had any replacement joints such as kneecaps or hips? Have You had any recent bone fractures?
d) Eligibility to become a member – nutrition:
IMPORTANT – You the Customer must check carefully the ingredients contained within any and all ingredients/products that we discuss on Our Platform. We shall not be held responsible for any harm suffered as a result of any allergy, intolerance or special dietary requirement held by You, or any other party that You allow to use information contained on Our Platform where, upon reasonable inquiry having been made, it would have been obvious that such a risk would, or would be likely, to exist. If in doubt, please consult Your doctor. In particular please note:
o Animal free vs “free from”. Allergen-free and vegan/vegetarian separate claims. Each communicates different information and are aimed at different consumer groups. Vegan and vegetarian relate in varying degrees to the exploitation of animals and their use in any foodstuffs. This however is different from allergen-free and some foods that are labelled as vegan or vegetarian may contain allergens that could be harmful or even fatal to people who are allergic to them. It is important that You understand any allergic issues that You have and what foodstuffs You need to avoid in order to stay safe. o Vegan/vegetarian – there is currently no legal definition of these terms and there are differing views in society about this. The recipes that we provide will be guided as far as possible by the criteria for gaining the Vegetarian Society approved trademarks for vegan and vegetarian products https://vegsoc.org/vegetarian-and-vegan-trademarks/ . o “Gluten free” – this is legally defined by EU law which is enshrined in UK law. “Gluten free” means that the foodstuff contains 20 parts per million (ppm) or less of gluten. Achieving this requires intensive precautions during the processing of the ingredients and then during any cooking or food preparation including environmental control to avoid cross-contamination. As We are not in control of these processes, We cannot take any responsibility for them. We will therefore only indicate how You can reduce the amount of Gluten in Our recipes. It is therefore important that You understand the nature and seriousness of any gluten intolerance and take appropriate medical advice.
Anti-discrimination – all forms of discrimination are unacceptable. We need to ensure that Our members are safe and do not harm themselves by using Our services and we therefore need to make the above checks. However, it is not Our intention that this should be discriminatory in any way or cause detriment to anyone who suffers from a disability. If this is the case, then please contact us so that we can review Your eligibility in a more flexible way.
If You have any questions, please do contact us at firstname.lastname@example.org
f) Payment – As soon as a Member is approved their membership fee becomes due immediately.
g) Members must not share, provide, display or otherwise make content available to other people or organisations, including, for example, providing them on social networks or online forums. This includes any content which is sent to Members via emails or other communications.
h) Limitation of Liability (Members) – for the avoidance of any doubt, if the law allows We will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of data, profits, reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to the Platform or its use. In the unlikely event any Member has any right, claim or action against us, then, in so far as the law allows, the Member’s claim will be limited to the sum of £100.
i) Without limiting any other remedies available to us, we may terminate, suspend or limit any use/registration/account at Our absolute discretion, either with or without notice, particularly, where we suspect that You have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any of the Terms and Conditions or security. If we do not act upon any breach immediately, You should not assume we have waived any rights as to enforceability or to seek redress, unless we have expressly stated that in writing.
j) Each Member agrees to indemnify and hold The Female Online Coach Programme and its employees and agents harmless from and against all liabilities, damages, losses, costs and other expenses, including any legal fees, known and unknown, arising from or in any way connected with a breach of these Terms and Conditions by or connected with that of the Member or their use of the Platform.
Use of this Platform – all users
1) Parental supervision Parents should supervise any children whom You allow to access Our Platform and accept responsibility for the child’s use. We specifically advise Users against revealing any child’s personally identifiable information.
3) Viruses and Web security Whilst We take every precaution available to Us, We cannot guarantee that the site will be free from bugs or viruses. You are responsible for ensuring that the systems and hardware used to access Our site are fully protected.
4) Site availability Full use of Our Platform and its contents will only be for registered Users (Members) who are signed in and do not disable cookies. If You are not registered as a Member or have disabled cookies, then You may be able to view some of the Platform but may not be able to fully participate. We make every effort to make this site available all day, every day. We will from time to time update Our site and in order to do this We may need to suspend access to the site with or without warning. We make no warranty as to the ongoing availability of the site and You agree that in the event that We remove the site either temporarily or permanently that We will not be liable for any losses whatsoever incurred by You to the maximum extent permitted by applicable law.
5) Your licence to Use the Platform and its non-subscription content You may view, download for caching purposes only and print pages from Our Platform subject to the following restrictions. You must not: a) Sell, rent or otherwise sub-license material from Our Platform; b) Republish material from Our Platform anywhere including on another Platform; c) Show any material from Our Platform in public; d) Reproduce, duplicate, copy or otherwise exploit material on Our Platform for commercial purpose; e) Edit or otherwise modify any material on Our Platform; f) Redistribute material from Our Platform.
6) User content Where You have submitted content including but not limited to text, images, audio material, video material to be published on Our Platform You: a) Grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish and distribute Your content in any language and in any jurisdiction; b) Warrant that the content does not infringe any 3rd party’s legal rights and that You will indemnify us against any legal action that may be taken against Us by any 3rd party; c) Warrant that Your submitted content is not nor has ever been the subject of any threatened or actual legal proceedings or any similar complaint. Note that We do not monitor the submission or publication of all User submitted content but We reserve the right to remove without notice any material submitted and published on Our Platform. 7) Unacceptable Use Unacceptable use of Our Platform will result in Your right to access and Use it being immediately withdrawn. Unacceptable use includes but is not restricted to the following actions in contravention of The Computer Misuse Act 1990 and other current applicable laws: a) You must not knowingly introduce viruses, trojans, worms, logic bombs or any other material that is maliciously harmful to the site or other users of the site; b) You must not attempt to gain unauthorised access to Our servers, the server on which the site is stored or any other server or machine on which data connected with Our site is stored; c) You must not attack Our site via either a denial of service attack or a distributed denial of service attack; d) You must not use Our site in any way that causes or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way; e) You must not use Our site for any unlawful purpose including but not limited to: i. Any fraudulent purpose in connection with a criminal offence or otherwise in committing any unlawful activity; ii. Sending, using or re-using any material that contains material that under the laws of England & Wales is deemed to be obscene (including material in breach of the Obscene Publications Act 1959, the Protection of Children Act 1978, the Sexual Offences Act 2003), blasphemous, offensive to religion or defamatory towards any person living or dead and does not contain material that has been obtained in violation of the Data Protection Act 1998, the Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communication Regulations 2003, the Official Secrets Act or any analogous domestic or foreign legislation or any material that will infringe any intellectual property rights, constitute a contempt of court or invasion of privacy; iii. Sending, using or re-using any material that contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code that is designed and intended to cause harm or adversely affect the operation of any computer hardware or software; iv. Attempting to use Our site for political campaigning, commercial solicitation, chain letters, mass mailings or any spam; v. Impersonating any third party or otherwise misleading as to the origin of material; vi. Removing, obscuring or altering any copyright, trademark or other proprietary rights indications; vii. Deleting falsifying any author attributions, legal notices or any other indications or the origin or ownership of any material on Our site;
8) Accounts and Passwords It is a condition of this agreement that if You have registered as a Member to use all or parts of Our Platform then You must keep Your user identification and password confidential and only for Your use. Failure to comply with this term may lead, at Our sole discretion, to Your access being disabled on either a temporary or permanent basis.
9) Intellectual Property Rights a) Subject to the express provisions of these terms and conditions: i. We, together with Our licensors, own and control all the copyright and other intellectual property rights in relation to the content, layout, design, data, databases and graphics as provided under UK and other international intellectual property laws; ii. All the intellectual property rights (including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software) in Our Platform and the material on Our Platform are reserved; b) Subject to the provisions of section 9 You are granted a revocable, non-transferable licence to use material on Our Platform for personal, non-commercial Use. You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from either Us or Our licensors; c) You may not create any derivative work or make any changes to the content without Our prior written consent; d) You must not separate content and use the parts independently and out of the context in which they appear on Our site; e) You must maintain all trademarks, copyright notices and bibliographical citations as they appear in the content.
10) Links to and from 3rd party Platforms a. Links to 3rd party sites – You will find links on Our Platform that will take You to 3rd party Platforms. These are provided for Your convenience and do not imply that We endorse or approve the content or operators of those Platforms. We are not responsible for the operation or content of any Platform other than Our own and if You visit any 3rd party Platform via one of these links then You do so at Your own risk. b. Links from 3rd party sites – any 3rd party wishing to link to Our Platform is entitled to do so subject to the following conditions: i. You do not misrepresent Your relationship with Our site or Our business; ii. You do not imply that We endorse Your products, services or business operation unless We have agreed this with You in writing; iii. Your Platform complies with the provisions given in section 7 above regarding unacceptable use and content; iv. You will indemnify Us against any and all damage suffered by Our Platform as a result on the linking.
11) Limitation and exclusion of warranties and liability All material contained within or displayed on Our Platform is provided without any guarantees, conditions or warranties as to its accuracy or completeness or that it is up to date. To the extent permitted by applicable law We, and any associates or 3rd parties connected with Us expressly exclude: a. All representations, warranties and conditions relating to this Platform and the use of this Platform including without limitation any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill; b. Any liability for any direct, indirect or consequential loss or damage incurred by You in connection with use of the site or the material contained within it. This includes, but is not limited to, liability for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Wasted management or staff time; Nothing in this or any other disclaimer will: a. Limit or exclude Our or Your liability for death or personal injury resulting from negligence; b. Limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; c. Limit any of Our or Your liabilities in any way that is not permitted under applicable law; d. Exclude any of Our or Your liabilities that may not be excluded under applicable law. Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from these terms and conditions or in relation to the subject matter of the terms and conditions including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty. 12) Force Majeure – We shall not be liable for delay in performing or for failure to perform Our obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Our reasonable control. 13) Variation We may alter, amend or update these Terms and Conditions of Use at any time and such revised terms will apply from the date and time of publication. You are responsible for ensuring that You are aware of the latest Terms and Conditions of Use and should therefore check this page regularly as You are legally binding upon You. Some of the provisions within these terms and conditions may also be superseded by notices published elsewhere on this site.
14) Severability If any provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in force. If any part of any provision of these Terms and Conditions of Use is determined to be unlawful or unenforceable then that part will be deemed to be deleted and the rest of the provision will remain in effect.
15) Entire Agreement These Terms and Conditions of Use constitute Your entire agreement with Us regarding Your Use of Our Platform and You supersede all and any previous agreements regarding Your Use of Our site.
16) Applicable law and jurisdiction These Terms and Conditions of Use will be governed by and construed in accordance with the laws of England and Wales and any disputes relating to these Terms and Conditions of Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
17) Content concerns If You have any concerns about any of the content on Our site then please contact Us on email@example.com with details of those concerns and contact details where We can respond.
This Privacy Notice deals with how we collect, handle and use your data within our business. We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat your personal data with respect and to keep it safe. We will only collect and use your personal data in the ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1. Who We Are. Business name: Sarah Elizabeth Rowley Fitness Ltd Registered address: FD Analytical, 281 Woodchurch Rd, Wirral, Merseyside, CH42 9LE Trading address if different: Registered number and where registered: 12378361 Contact phone: 07814 429103
2. Definitions. Data subject or “you” or “your”: A data subject is an “identifiable natural living person who can be directly or indirectly identified in particular by reference to an identifier”. “Identifier” covers almost any information that we might have that could identify you as an individual. It also means that data subjects include employees/associates/ individual customers or individuals within customer organisations – any individual that our organisation holds personal data on. Personal Data: This is any information or data relating to a data subject that can be used to identify them or is information relating to them which makes that data personal to the data subject. So, this will include names, addresses, other contact details, date of birth, driver’s license, financial information e.g. credit cards, CCTV, emails, online identifiers (provided by their devices, applications and tools such as IP addresses, cookie identifiers etc.). Special Category Data: This includes race or ethnic origin, religion, philosophical or political opinions, health information, genetic or biometric data, sexual orientation or sex life and trade union membership. Because of the nature of Special Category Data there are special rules for lawful processing. Data Controller: A data controller determines the purposes and means of how your personal data is processed. Data Processor: A data processor is any person other than an employee of the data controller who processes the data on behalf of the data controller. Data Processing: Data processing covers just about anything that we do with your personal data including both automated electronic processing and manual processing within a structured filling system including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
3. What Does This Notice Cover? This Privacy Notice explains how we, as the Data Controller/Data Processor, use your personal data, Special Category Data (or special category data) and how it is collected, how it is held, how it is processed. Please note that we may at times use a third party to process your data, but they will be also bound under the rules of the GDPR that protect your personal data. This notice also explains your rights under the law relating to your data.
5. What Personal Data do we Process? We may process the following Personal Data regarding you: a) Personal Data: i. Customers or potential customers who are consumers: o Your name o Your contact details including email, phone, address, other contact means that you wish to use such as skype, social media etc. o Date of birth o Financial information relating to payment for products/services ii. Customers or potential customers who are businesses: o Names and contact details of contacts within the business involved in the negotiation of and the performance of any contracts. iii. Suppliers: o Names and contact details of contacts within the business involved in the negotiation of and the performance of any contracts. b) Special Category Data: We will not normally collect Special Category Data but we may provide you with checklists regarding your health which you should consider carefully and consult with your doctor before using some or all of our services.
6. Data Protection Principles: The GDPR sets out 6 principles governing how we must process your personal data – it must be: a) Processed lawfully, fairly and in a transparent way. b) Only collected for specific legitimate purposes and processed for those purposes only. c) Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed. d) Accurate and kept up to date. e) Not kept for longer than necessary for its purpose. f) Processed securely and confidentially to ensure it is not lost or damaged or destroyed.
7. What Are Your Rights Concerning Personal Data? Under the GDPR, you have the following rights, which we will always aim to uphold: a) The right to be informed about how we collect and use your personal data – this Privacy Notice should tell you everything that you need to know but if you have any further questions then please contact us using the contact details below; b) The right of access to your personal data and the right to verify the lawfulness of the processing; c) The right to have your personal data rectified to correct inaccurate information or to have it completed if it is incomplete – please contact us using the contact details below; d) The right to erasure of your personal data – sometimes known as “the right to be forgotten”. That is the right to have us delete or otherwise dispose of any of your personal data – please contact us using the contact details below; e) The right to restrict the processing of your personal data; f) The right to data portability so that they can take and use their personal data for their own purposes across different services; g) The right to object to use processing your data on for a particular purpose or purposes; h) Rights concerning automated decision making and profiling. Please note that [We do not use your personal data in this way] OR [Section 9 explains more about how we use your personal data, including [automated decision-making] and/or [profiling]] You can obtain further information about your rights from the Information Commissioner’s Office. If you have any cause for complaint about our use of your personal data, you also have the right to lodge a complaint with the Information Commissioner’s Office.
8. What Are The Lawful Justifications for Processing Personal Data? The GDPR requires us to have a lawful justification to process data. The following is a summary of the possible lawful justifications: a) Consent of the data subject. Consent under the GDPR requires it to be: a. Freely given; b. Specific; c. Informed; d. Unambiguous. b) Processing the data is necessary for the performance of a contract between us and the data subject. This allows the lawful processing of your personal data: a. To fulfil our contractual obligations to you: or b. Because you have asked us to do something before entering into a contract e.g. providing a quotation for goods or services. c) Processing the data is necessary for compliance with a legal obligation. This requires that the legal obligation must be laid down by either UK or EU law. d) Processing the data is necessary for the purposes of our “legitimate interests” or those of a 3rd party including wider benefits to society. This requires us to review our legitimate interests and to ensure that they do not conflict with the fundamental rights and freedoms of the data subject. e) Processing the data is necessary to protect the vital interests of the data subject or someone else. This is used where we would need to process your personal data to protect either your or another person’s life or wellbeing. f) Processing the data is in the public interest.
9. What Are The Additional Justifications For Processing Special Category Data? In addition to the justifications given in section 8 for ordinary personal data the GDPR lays down more stringent requirements regarding the processing of your personal sensitive data. In this regard we will only process your Special Category Data if: a) You have freely given us your explicit consent; b) Processing is necessary to comply with any legal obligations that we may have; c) Processing is necessary to protect your vital interests or those of another living person where you are physically or legally incapable of giving consent; d) Processing relates to Special Category Data which has been manifestly made public by you e.g. posting it on social media; e) Processing is necessary for the purposes of preventative or occupational medicine, medical diagnosis or the provision of health and social care.
10. What Justification Do We Have For Processing Your Personal Data? Under the GDPR, we must always have a lawful justification for using personal data. Your personal data will be used for the following purposes: • Assessing your suitability to use some or all of our services and providing/managing your account. • Supplying our products AND/OR services to you. Your personal details are required in order for us to enter into a contract with you. • Personalising and tailoring our products AND/OR services for you. • Communicating with you. This may include responding to emails or calls from you. • Supplying you with information by email AND/OR post that you have opted-in to (you may unsubscribe or opt-out at any time.
In order to do this, we justify such processing of ordinary personal data on the basis of: a) Your consent for any marketing communications which you can withdraw at any time. b) It is necessary for the performance of a contract between us. c) Because it is in our legitimate interests to process it.
The processing of Special Category Data will only be in limited special cases in order to determine your suitability to use some or all of our services. However we will only do this as a last resort after providing you with checklists about your health that you should discuss with your doctor to ensure it is safe for you to use the services. We will process such information on the basis of the justifications given above together with your explicit consent. If you require further information on these justifications, then please contact us using the contact details below. With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email AND/OR telephone AND/OR text message AND/OR post with information, news, and offers on our products AND/OR services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications Regulations 2003, and you will always have the opportunity to opt-out.
11. How Long Will We Keep Your Personal Data? We will not keep your personal data for any longer than is necessary for the purposes for which it was initially collected. Personal data used for the performance of a contract between us will be kept for a minimum of 6 years in accordance with the Statute of Limitations in the UK.
12. How and Where Do We Store or Transfer Your Personal Data? We will only store your personal data in the UK or the European Economic Area which means that your data will be fully protected under the GDPR or the equivalent jurisdictional law.
14. Accessing Your Personal Data? In accordance with the GDPR you are entitled to know: a) If we have any personal data concerning you; and if so b) What data we hold. Accessing such data or finding out if we have any data concerning you is known as a “subject access request” (SAR). SARs should be made in writing and sent via either email or post to the contact details given below. We have a standard Subject Access Request form for you to use which can help in making the request clear. However, you do not have to use this form if you do not wish to. There is normally no charge for a subject access request. However, the law allows us to make a reasonable charge to cover our administrative costs if your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests). We will respond to your subject access request within 1 calendar month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
15. Cookies Policy Cookies are small text files that we store on your computer whilst you are visiting our website. There are 4 basic types of cookie:
A. Session cookies – allow websites to link your actions during a specific session – these cookies expire when the session is ended. B. Persistent cookies – these are stored on your device between sessions and they allow your choices and browsing history across the site or across multiple sites to be recorded. These cookies can be used to target advertising. They will remain on your device unless you either delete them or they time expire C. First party cookies – these are cookies set by our website. D. Third party cookies – these are cookies set by a domain different from our site whilst you are using our site. Since 2011 there has been a requirement for us to obtain subscribers’ or users’ consent to the use of certain types of cookie. There are 3 categories of cookie that can be used:
1) “Strictly necessary” cookies – these are normally first party session cookies that are essential for you to be able to use all the features of our website. These cookies enable the services that you have requested and as such consent is not required for these. However, the law narrowly defines “strictly necessary” and restricts them to those cookies that store a unique identifier that manages and identifies you in respect of other current users of the site so that a consistent and accurate service can be provided. These cookies will not be used for marketing purposes or for remembering your preferences and ID outside of the current session.
2) “Statistics” cookies – these are cookies that may be either first or third party, session or persistent and are used to collect information about how you use the site but they do not collect any personal information that could identify you. The information is made anonymous by aggregating it together so that we can improve the performance of the site. Examples may include web analytics, advertising response rates, affiliate tracking, and error management but they should not be used to retarget adverts – if they do then they will need to be classified under category 3 as well.
16. Contact Information If you wish to contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details: For the attention of: Sarah Rowley Email address: firstname.lastname@example.org Telephone number: 07814 429103 Postal Address: FD Analytical, 281 Woodchurch Rd, Wirral, Merseyside, CH42 9LE
17. Changes to this Privacy Notice We may change this Privacy Notice from time to time to accommodate changes in the law or if we change the way we do business in a way that affects personal da