Terms and Conditions

BACKGROUND: These Terms and Conditions are the standard terms that will apply to all contracts between the Operator and the User.

  1. Definitions and Interpretation
  2. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“App”means the Remote Coach application software, accessed through the Remote Coach website (www.remotecoach.fit) or through the mobile application downloaded to a Device from an application store;

“App Provider”means the platform from which the App is available to download;

“Acceptable Use Policy”has the meaning given in Clause 8;

“Billing Date”means the specified date on which payment of the Subscription Fee becomes payable to the Operator by the User;

“Content”means any form of information, data or creative expression and includes, without limitation, software, photographic material, video, text, graphics, music, sounds, communications, feedback, workouts and workout data, nutritional data, training data, biometric data, interactive features, copyrights, trademarks, branding, logos and all other content of any kind that may be generated through the App;

“Device”means a handheld or other type of compatible device which provides access to the App;

“Operator”means Remote Coach Ltd. (registered in England and Wales under number 11408424 and whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ), a company who operates and maintains the App;

“Personal Trainer”means a self-employed contractor, who holds a valid and current licence to operate their Business of providing personal training services through the App, has been accepted by the Operator to provide such services and with whom the User has contracted through the purchase of a Training Subscription and acceptance of the relevant terms and conditions;

“Privacy Policy”means the Operator’s privacy policy which can be found at www.remotecoach.fit;

“Regulations”means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“Service”means any service offered or available through the App;

“Subscription Fee”means the fee payable under a Training Subscription as set out in the App;

“Third Party”means anyone who is not the Operator, including but not limited the Personal Trainer, the App Provider and anybody who has authorised access to the App;

“Third Party Content”means Content published or posted on the App by anyone except the Operator;

“Training Subscription”means a paid online workout and/or training program provided by the Personal Trainer through the App;

“User”means an individual who has access to the App and currently holds a registered account; and

“User Content”has the meaning given in Clause 7.

Any reference to Terms and Conditions is a reference to these Terms and Conditions and any schedules as amended or supplemented at the relevant time.

  • A Clause is a reference to a Clause of these Terms and Conditions.
  • The headings used in these Terms and Conditions are for convenience only and will have no effect on the interpretation of these Terms and Conditions.
  • “You” and “Your” has the same meaning as User.
  • “We”, “Our” and “Us” have the same meaning as Operator.
  • Words signifying the singular number shall include the plural and vice versa.
  • References to any gender shall include the other gender.
  • A reference to writing or written includes email.

User Account

  • In order to use the Services, you acknowledge and agree that the following are met:

Cancellation Policy

  • A Training Subscription must be cancelled on an individual basis using the preferred method of the App Provider.
  • Immediate cancellation will only occur on the cancellation terms as set out by the App Provider.
  • Your Training Subscription cannot be transferred to another person.
  • The Operator in its sole discretion may terminate a Training Subscription and any of its Services at any time without prior notice without incurring any liability to You or a Third Party.
  • You agree that upon termination the Operator may delete all files and information related to You as a User and immediately destroy any App software in Your possession or control.

Money Back Guarantee

  • We give a 14 day guarantee on all the initial subscription fee payment up until the first Kick-Off onboarding call with one of the Remote Coach team. If you are not happy or satisfied prior to this kick-off call just ask for your money back. The kick-off call will be a call with the Remote Coach team starting your onboarding of both the admin panel, building your app, and starting your process to launch.
  • After the initial onboarding call the development has started and no refunds will be applicable.

Training Subscription Fees and Payment

  • The Subscription Fee is payable on the Billing Date.
  • Payment may be made using any payment method accepted by the relevant App Provider.
  • You acknowledge and agree that payment of the Subscription Fee will waive the 14-day right of withdrawal from subscription to the maximum extent permitted by applicable law to ensure access to the App’s Content and Services is immediate.
  • A failure to pay the Subscription Fee on the Billing Date will lead to the suspension of Your Training Subscription until the Subscription Fee is paid.
  • Once the Subscription Fee has been received Your Training Subscription will resume as normal.
  • All promotional Training Subscriptions will automatically convert to the normal rate at the end of the promotional term unless otherwise stated.

Third Party

  • As a User, You acknowledge and agree that the access and use of any content which is provided by a Third Party (“Third Party Content”) that may be posted or published on the App, from time to time, is entirely at Your own risk.
  • Third Party Content that is made available through the App is provided directly by the Third Party and the Operator makes no representation as to the accuracy, quality or otherwise in respect of any Third Party Content.

Intellectual Property

  • You will not copy, reproduce, record, adapt, distribute, sell, modify, publish or transfer any of the Content made available by the Operator (“Operator Content”) through the App.
  • All Operator Content, including its arrangement, design, selection and structure, is owned controlled or licensed by or to the Operator and is protected by the relevant copyright, trademark or patent laws.

User Content

  • Any Content You have provided through the App (“User Content“) will be dealt in accordance with the Operator’s Privacy Policy.
  • You retain all ownership rights in such User Content.
  • You acknowledge and agree that the Operator will not be held responsible for any User Content that is made available through the App.
  • You agree that any such User Content must be in accordance with Our Acceptable Use Policy.
  • To the extent that the Personal Trainer and/or the Operator is required to collect, use, hold or otherwise process any User Content in order to establish, maintain and end the Services (on behalf of Your Personal Trainer) and App, we shall only do so with Your express consent and in accordance with the Privacy Policy and the provisions of the Data Protection Act 1998 and Your rights under that Act and these Terms and Conditions.
  • You licence Us to use any information, data, materials or other User Content or that We obtain or receive on Your behalf and You agree that We can use, modify, display, distribute and create new material using the User Content so that We may provide our Services to You and for any other purposes set out in these Terms and Conditions, including our Privacy Policy. By submitting User Content You acknowledge and agree that the owner of that User Content has expressly agreed that, without any particular time limit, and without the payment of any fees, We may use the User Content for the purposes set out in these Terms and Conditions.

Acceptable Use Policy

  • You agree to:
  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any Third Party in relation to Your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
  • If the Operator considers that a breach of the Acceptable Use Policy has occurred, the Operator may take such action as they deem appropriate.

Immediate, temporary or permanent withdrawal of Your right to access the App;

  1. Immediate Issue of warning;
  2. Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  3. Further legal action against You; and
  4. Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
  5. The ways in which You can use the App and its Services may also be controlled by the App Provider’s rules and policies and the App Provider’s rules and policies will apply instead of these terms where there are differences between the two.

Limitation of Liability

  1. You acknowledge and agree that the use or reliance on any Service is entirely at Your own risk and that the Operator bears no responsibility for Third Party Content.
  2. The Operator and Personal Trainer do not make any representations or guarantees that following or use of a Training Subscription or Service will bring any result intended by You.
  3. You acknowledge and agree that the Operator nor the Personal Trainer is providing any type of medical advice through the Service, including all Content and If You have knowledge of any pre-existing medical condition then We advise You to seek professional medical advice before using the Service.
  4. A Personal Trainer is required to hold valid public liability insurance and shall be responsible for any foreseeable loss or damage that You may suffer as a result of their breach of these Terms and Conditions or as a result of their negligence. Loss or damage is foreseeable if it is an obvious consequence of the Personal Trainer’s breach or negligence or if it is contemplated by You and the Personal Trainer when this contract with You is created. The Personal Trainer will not be responsible for any loss or damage that is not foreseeable.
  5. The Operator, through the App, only facilitates the platform within which the Personal Trainer can provide or sell Services to You as a User for Your personal and private use/purposes. Any service provided by the Personal Trainer outside of the App will not be the responsibility of the Operator.
  6. The Operator and Personal Trainer make no warranty or representation that products, or other goods or materials that the Personal Trainer provides or sells are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale).  The Operator and Personal Trainer will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
  7. Nothing in these Terms and Conditions is intended to or will exclude or limit Your Personal Trainer’s liability for death or personal injury caused by Your Personal Trainer’s negligence (including that of any Personal Trainer who may be substituted by Your Personal Trainer if they are unable to provide their Services to You); or for fraud or fraudulent misrepresentation.
  8. Furthermore, if You are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Your Personal Trainer’s duties or obligations to You, or Your rights or remedies, or Your Personal Trainer’s liability to You, under the Consumer Rights Act 2015; the Regulations; the Consumer Protection Act 1987; or any other consumer protection legislation (as amended from time to time).  For further details of Your legal rights, please refer to Your Local Citizens’ Advice Bureau or Trading Standard Office.

Changes to Terms and Conditions

  1. The Operator may, from time to time, change these Terms and Conditions without giving notice and will use reasonable endeavours to inform Users as soon as is reasonably possible.

Complaints

  1. Any complaints about the App or the Services it provides should be addressed in an email to Info@remotecoach.fit.

Claims Waiver

  1. Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if You miss a payment and We do not chase You but We continue to provide Services, We can still require You to make the payment at a later date.

Severance

  1. If any provision or part-provision of the Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Law and Jurisdiction

  1. The Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
  2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.

By clicking ‘I agree’, You acknowledge that You have read and accept the Terms and Conditions contained herein and wish to enter into a Training Subscription

Privacy policy

Remote Coach Ltd. (“We”) are committed to protecting and respecting your privacy as a user (“User”).

Scope

This policy applies to your use of:

  1. Remote Coach application software, accessed through our website (www.remotecoach.fit) or through our mobile application (the “App”) which can be downloaded to a device (“Device”) from app-stores.
  2. Any service(s) accessible through the App (the “Service”).
  3. You will be bound by this privacy policy (the “Policy”) once you have registered to use the App.
  4. This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
  5. The operator is Remote Coach Ltd. of 50 St. Mary Axe, London, EC3A 8FR, United Kingdom.
  6. As a User, you may be able to access your account via several platforms, such as our website, our mobile application downloaded to your Device and other platforms that we may develop from time to time (the “Platform”). This Policy will extend to your use of the App across the Platform unless otherwise expressly stated.

Information We May Collect from You

We may collect and process the following data about you when you download the App and as a User:

Information you give us (“Submitted Information”): You may give us information about you by filling in forms on the App. This includes information you provide when you register to use the App, download or install the App, subscribe to or avail of any of our Services, share data via the App’s social media functions, enter a survey or report a problem with the App or our Services. You may give us information about you by corresponding with us (for example, by e-mail or chat). If you contact us, we may keep a record of that correspondence. The information you give us about you may include the following:

  1. your name;
  2. address;
  3. e-mail address;
  4. phone number;
  5. your Device’s ID;
  6. age;
  7. username, password and other registration information;
  8. financial and credit card information;
  9. personal description and photograph;
  10. date of birth; and
  11. gender.

Information We Collect about You and Your Device (“Automatically Collected Information“): Each time you use the App we may automatically collect the following information:

  • Technical information, including the type of device you use, a unique device identifier (for example, your Device’s IMEI number or the MAC address of the Device’s wireless network interface), network information, your operating system, the type of browser you use, time zone setting and device locale (the “Device Information”);
  • Information stored on your Device which includes but is not limited to login information, photos, videos, other digital content and check ins (the “Content Information”); and
  • Details of your use of the App which includes but is not limited to traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources/employers/employees that you access (the “Log Information”).

Information we receive from other sources (“Third Party Information”): We are working closely with third parties (including, for example, personal trainers, course providers, recruiters, employers, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and other similar parties) (“Third Party”) and may receive information about you from them.

Uses Made of the Information

We use information held about you in the following ways:

  1. Submitted Information: to help Users efficiently access their information after they sign in; remember information so that Users will not have to re-enter it the next time they use the App; offer of Services; deliver relevant advertisements;
  2. Device information: to facilitate the provision of App updates, App support, push notifications, other related services and to improve the features and functionality of the App;
  3. Content Information: to offer customised content, including but not limited to Services, courses or advertisements;
  4. Log information: to provide, improve, test and monitor the effectiveness of the App and to monitor metrics such as total number of visitors, traffic and demographic patterns;
  5. Location information: to collect and process information about the User’s physical location to provide the Services;
  6. Third Party Information: to offer and deliver information on Services, targeted advertisements, promotions and other similar initiatives by Third Parties;
  7. Other Integrated Services information: you may integrate your account with Third Party services such as Facebook, Instagram etc. (the “Other Integrated Services”). If you do, we may receive, use and share the categories of information described above, including information made publicly available on or through your account with such Other Integrated Services, in accordance with this Policy. Any information which you provide to Other Integrated Services will be in accordance with that service’s privacy policies;
  8. We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this Policy for as long as it is combined; and
  9. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our Users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

Submitted Information: Affiliates and Third Parties may use this information to help provide, improve and offer Services to Users.

Log Information; Location information: Third Parties that help provide the App and Services.

Third Party information: Third Party advertisers to allow Third Party networks to deliver Services and targeted advertisements.

We may disclose your personal information to other members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may disclose your personal information to Third Parties:

  1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  2. If Remote Coach Ltd. or substantially all of its assets are acquired by a Third Party, in which case personal data held by it about its customers will be one of the transferred assets;
  3. If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; and
  4. In order to:
  5. enforce agreements or to investigate potential breaches; or
  6. protect the rights, property or safety of Remote Coach Ltd., our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where We Store Your Personal Data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff or contractors operating outside the EEA who work for us or for one of our suppliers. These staff or contractors may be engaged in the fulfilment of your request and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of it, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from the App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve the App and the Services. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. We may collect and store personal data on your Device using for example application data caches and other technology. Certain Services may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other Users.

  • Your Rights and Managing Your Information

You have the right to access information that we hold about you. You can exercise this right by submitting a written request to notification@remotecoach.fit. You may also access your personal data by logging into the App and viewing your profile section on the App where such data will be contained. If you would like us to delete your personal data, please contact us at notification@remotecoach.fit and we will respond within a reasonable time.

Please note that some or all of the Submitted Information may be required in order for the App to function properly. You may withdraw consent for us to process your data at any time. You also have the right to request us to amend the information that we have about you and can do so by contacting us at notification@remotecoach.fit.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any Third Party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at notification@remotecoach.fit.

You have the right to lodge a complaint with a data protection supervisory authority with regards to us processing your data. You have the right to ask us to restrict processing your data in the following situations:

  1. where you contest the accuracy of your data;
  2. where the processing is unlawful and you do not want us to delete your personal data; or
  3. where we no longer need your data for the purposes of processing but you require the data in relation to a legal claim or claims.

When you exercise this right we may only store the data. We may not further process the data unless you consent or the processing is necessary in relation to a legal claim or to protect the rights of another person or legal person or for reasons of important public interest. We will inform you before the processing restriction is lifted. You can exercise this right at any time by contacting us at notification@remotecoach.fit. The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.

  • Data Retention Policy

We will retain your personal data for as long as you use the App and for a reasonable time thereafter.

  • Privacy Policy for Young People

Children under the age of 14 are not eligible to use the App and must not attempt to register with Remote Coach and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 14 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 14, we will delete this information as soon as reasonably possible. If you have reason to believe that this has occurred, please contact us at notification@remotecoach.fit. We recommend that children between the ages of 14 and 17 seek their parents or legal guardian’s permission before becoming a User and/or submitting any personal information to us.

  • Changes to Our Policy

Any changes we may make to our Policy in the future will be posted on this page within a reasonable time and where appropriate, notified to you by e-mail or when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.

  • Contact

Questions, comments and requests regarding this Policy are welcomed and should be addressed to notification@remotecoach.fit.