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Website Terms of Use

 

Website Terms of Use

 

Terms and Conditions for Use of the Website and the Supply of Goods and Services

(“Terms of Use”)

 

1. Application of these Terms of Use

1.1 These Terms of Use  govern  your  use  of  the  Trainsmart.com  website  (“the Website”),  your  relationship  with  Smart  Sensor   Networks   Limited   (“SSN, Trainsmart, we or us”) and the sale and supply of any goods or services through the Website. Please read them carefully as they affect your rights and liabilities under the law.

 

1.2 By accessing any part of the Website you shall be deemed to have accepted these Terms of Use in full. If you do not accept the Terms of Use, you should not use the Website.

 

1.3 In order to place an order for any of the goods and services available on the Website, you must first register. Your act of registration confirms that you have read and agreed these of Terms of Use. In certain cases you may also be required to complete a medical questionnaire and provide other information to us.

 

1.4 Subject to any variation under condition 2 any contract between us for the sale and supply of goods or services shall be on these conditions (and, where applicable, the  Privacy Policy)  to the exclusion of all other terms and conditions (including any terms and conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).

 

1.5 These conditions apply to your use of the Website and to all sales that we may make to you and to any variation to these Terms of Use. Any representations about the goods and services shall have no affect unless expressly agreed in writing and signed by the managing director of Trainsmart. You acknowledge that you have not relied on any statement,  promise or representation made or given by or on behalf of us which is not set out in these Terms of Use. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.

 

 

2. Amendments

2.1 We reserve the right, at our sole discretion, to amend these Terms of Use, the Website and any related policies at any time. You will be subject to the terms and policies in force at the time that you use the Website or that you order goods or services from us and you should therefore check the Website from time to time to review the then current terms. Certain provisions of the Terms of Use or Privacy Policy may be superseded from to time by expressly designated legal notices or terms located on particular pages of the Website.

 

2.2 If you do not wish to accept any revised terms or policies you should not continue to use the Website. If you continue to use the Website after the date upon which a change comes into affect, your use of the Website indicates your agreement to be bound by the new terms.

 

 

3. Licence for access to the Website

3.1 Unless otherwise stated, the copyright and other intellectual property rights in all materials on this Website are owned by Trainsmart or its licensors. Any use of extracts from this Website other than in accordance with the following provisions of this condition is prohibited. If you breach any of the conditions in these Terms of Use, your permission to  use the Website automatically terminates and you must immediately delete any downloaded content from the Website.

 

3.2 Trainsmart grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Trainsmart.

 

3.3 This license does not extend to any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

 

3.4 You may use information on Trainsmart products and services (such as data and information sheets and knowledge based articles and similar materials) purposely made available by Trainsmart for downloading from the Website provided that you do not:

(a) remove any proprietary notices from such documentation;

(b) copy or post such information on any networked computer or broadcast it in any media;

(c) make any modifications to any such information; or

(d) make any additional representations or warranties relating to such documents or information.

 

3.5 This licence does not extend to any resale or commercial use of the Website or its contents; any collection or use of any product or service listings, descriptions, or prices;  any derivative use of the Website  or  its  contents;  any  downloading  or copying of account information for the benefit of any other business; or any use of data mining, robots, or similar data gathering and extraction tools.

 

3.6 Except as expressly provided no part of the Website or its content may be reproduced, duplicated, copied, sold, resold, visited, publicly displayed or otherwise exploited for any commercial purpose without our express written consent. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any unlawful activity or other activity which infringes the rights of Trainsmart or others. Without limitation to the generality of the foregoing you may not (without our express written consent):

(a) frame or use framing techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Trainsmart;

(b) use any meta tags or any other “hidden text” utilising Trainsmart’s names or trade marks.

(c) use any “deep‐link”, “page‐scrape”, “robot”, “spider”, or other automatic device, programme or other process to access acquire copy or monitor any portion of the Website or any content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content in order to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;

(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to it;

(e) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on it or with any other person’s use of the Website;

(f) attempt to gain unauthorised access to any portion or feature of the Website or any other systems or networks connected to it or to any of the services offered on or through the    Website by hacking, password “mining”, or any other unlawful means;

(g) use any means to disguise the origin of any message or transmission that you send to Trainsmart on or through the Website or any service offered on or through the Site;

(h) pretend that you are or that you represent someone else or impersonate any other individual or entity; or

(i) probe, scan or test the vulnerability of the Website or breach the security or authentication measures on the Website.

 

3.7 You are granted a limited, revocable, and non‐exclusive right to create a hyperlink to the Welcome page of the Website as long as the link does not portray Trainsmart or its products  or services in a false, misleading, derogatory, or otherwise offensive matter.  You  may  not  use  any  Trainsmart  logo  or  other  proprietary  graphic  or trademark as part of the link without our express written consent.

 

 

4. Availability of the Website

We will endeavour to ensure that availability of the Website will be uninterrupted and that transmissions will be error‐free. However, due to the nature of the Internet, this cannot  be guaranteed. Your access to the  Website may also be occasionally suspended or restricted without notice in order to allow for repairs, maintenance, the introduction of new facilities or services, or for other reasons beyond our control. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason the Website is unavailable at any time or for any period.

 

 

5. Accounts, passwords and security

5.1  Certain features or services offered on or through the Website may require you to register with us or to otherwise provide relevant details (including setting up a user ID and password). You will be responsible for maintaining the confidentiality of your account and  password  and  for  restricting  access  to  your  computer  to  prevent unauthorised  access  to your  account.  You  agree  to  accept  responsibility  for  all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to  believe that your password has become known to anyone else, or if the password is  being, or is likely to be, used in an unauthorised manner. You may be held liable for losses incurred by Trainsmart or any other user of the Website due to some other party using your ID, password or account.

 

5.2 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provide to us within the “My Account” area of the Website.

 

5.3 Trainsmart designates various types of accounts (each, an “ Account“) that provide different functionality to different users of the Site. You may choose your Account type when you first submit a registration for the Services or the Site (your “ Registration”). The various types of accounts are shown below and may be changed by Trainsmart at any time:

(a) a “ Free Account” allows you to view your content through the account and limited access to other features. It does not have many of the features and functionality available to you if you register for one of the other Account types below;

(b) a “ Subscription Account” allows you greater access to view your content and to additional features and functions not available with a Free Account;

(c) a “ Coach Account” allows the Coach you have designated in your Registration or through the Site (our you if another user has designated you as their Coach) to access the Account for the purpose of providing Coaching Services;

 

As a Coach, you will be solely responsible for all training programmes, content and advice given to your client

 

(d) a “ Coached Athlete Account” allows you to access the Account as designated by your Coach and is linked to the Coach Account for the Coach you have designated in your Registration or through the Site as your Coach;

 

As a Coached Athlete, your Coach will be solely responsible for all training programmes, content and advice given to you

 

(e) A “ Sponsored Account” is a Subscription Account, Coach Account, or Coached Athlete Account that is maintained by us under a separate agreement with your Sponsor through which you have registered for your Account.

 

5.3 You may convert the type of Account you have by emailing us at service.desk@trainsmart.com or as indicated on the Site. Please review these Terms of Use with your Coach or Sponsor, if applicable, for the ways that changing your Account affects your access to your Account and the Services.

 

5.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Website we reserve the right at our discretion to refuse access to the Website; terminate the account; remove or edit content; cancel orders or require creation of a new password. If we cancel an order, it will be without charge to you. We will only terminate your account in accordance with condition 17 below.

 

5.5 In order to register with Trainsmart, to use the forum (or any chat‐room) or to purchase goods and services from us you represent and warrant that:

(a) you are over 18 years of age;

(b) if you are a parent or guardian of a child under 13, then you may create an Account and allow your child to access that Account and Services under your direct supervision;

 

You will be solely responsible for all access to, and use of, the Services and that Account by your child

 

(c) the details that you have provided for registration or at any time are true, accurate, current and complete;

(d) you will promptly update your personal details in the “My Account” area of the   Website   in  the   event  of   any   relevant  changes   following   initial registration.

 

5.6 Passwords and security

(a) you will not share your user name or password with any other person nor with multiple users on a network;

(b) if your Account is designated as a Coached Athlete Account, the Coach to whom your Account is linked will have access your Account, including the ability to set and reset your password and to view or modify the Content in your Account;

(c) if you have a Sponsored Account, the Sponsor of your Account may also have the ability to set and reset your password and view or modify the Content in your Account;

 

 

6. Your Material and online conduct

6.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

 

6.2 You understand that all content (including data, text, software, music, sound, photographs, graphics, video, messages or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which the content originated. This means that you, and not Trainsmart, are entirely responsible for all content that you upload, post or email via the Website (including any chat‐room or other forum). We do not control the content posted via any interactive area and therefore do not guarantee the accuracy, integrity or quality of such content.

 

6.3 You may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information. You must not use the Website (including any chat‐room or other forum) for any of the following:

(a) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;

(b) to send, use or reuse any content or material that is:

(i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or

(ii) in breach of copyright, trade mark, confidence, privacy or any other right or is otherwise injurious to third parties or objectionable; or (iii) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or (iv) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;

(c) to cause annoyance, inconvenience or needless anxiety;

(d) to collect or store personal data about other users;

(e) to upload, post or email any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship;

(f) to advertise or otherwise promote any commercial product.

 

6.4 You may not use a false, vulgar or offensive e‐mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Trainsmart reserves the right (but not the obligation) to remove or edit any content

 

6.5 We will co‐operate fully  with  any  law  enforcement  authority  or  court  order requesting or directing us to disclose the identity or to locate anyone posting any material in breach of these Terms of Use.

 

6.6 Other than personally identifiable information which is covered by our Privacy Policy  [inse r t Hyperlink] any material that you transmit or post to the Website shall be considered non‐confidential and non‐proprietary. We will have no obligations whatsoever with regard to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied in such material for any and all commercial or non‐commercial purposes.

 

6.7 If you do post content or submit material, and unless we indicate otherwise, you grant Trainsmart a non‐exclusive, royalty‐free, perpetual, irrevocable, and fully sub‐ licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trainsmart and its affiliates and sub‐licensees the right to use the name that you submit in connection with such content, if we choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Trainsmart, including the execution of deeds and documents, at the request of Trainsmart.

 

6.8 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Trainsmart:

(i) the content and material is accurate;

(ii) use of the content and material you supply does not breach any applicable Trainsmart policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

 

6.9 You agree to indemnify Trainsmart and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damages (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content you upload, post or email on or through the Website (including any chat‐rooms or other forums), your use of the Website or your breach of these Terms of Use.

 

6.10 Rejection and/or removal of Your Content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse, or remove any User Content (which includes your Content) or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any User Content that violates these Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us via email at  service.desk@trainsmart.com

 

 

7. Our contract

7.1 When you place an order to purchase a product or service from Trainsmart through the  Website, we will  send  you an  e‐mail  confirming  receipt of  your  order  and containing the details of your order.

 

7.2 Your order represents an offer to us to purchase goods or services which is accepted by us when we send e‐mail confirmation to you that we’ve dispatched that product to you ( th e “Dispatch Confirmation E‐mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E‐mail to you.

 

7.3 Any goods or services on the same order which we have not been confirmed in a Dispatch Confirmation E‐mail to have been dispatched do not form part of our agreement with you. The quantity and description of goods and services shall be as set out in the Dispatch Confirmation e‐mail..

 

7.4 All samples, drawings, descriptive matter, specifications and advertising issued by us and any  descriptions or illustrations contained in any promotional material or the Website are issued or published for the sole purpose of giving an approximate idea of the goods described in them.  They shall not form part of our agreement with you and there is no sale by sample.

 

 

8. Pricing, availability and delivery

8.1 The prices payable for goods and services that you wish to order are set out in the relevant sections of the Website. We must receive payment of the whole of the price for the goods and services that you order before your order can be accepted.

 

8.2 We list availability information for goods sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. You acknowledge that dispatch estimates are just that, they are not guaranteed dispatch times and may not be relied upon as such. You may not make time for delivery of the essence by notice to us. As we process your order, we will inform you by e‐mail if any products you order are unavailable at that time.

 

8.3 We will deliver the goods ordered by you to the address that you give us for delivery at the time that you make the order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 (thirty) days of your order. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

8.4 In the event of non‐delivery the following provisions shall apply:‐

(a) the quantity of any consignment  of goods as recorded  by us upon the Dispatch Confirmation Email shall be conclusive evidence of the quantity of goods received by you on delivery unless you can provide conclusive evidence to the contrary;

(b) we shall not be liable for any non‐delivery of goods (even if caused by our negligence) unless you notify us in writing of the non‐delivery within 14 (fourteen) days of the date when the goods would in the ordinary course of events have been received by you; and

(c) our liability for non‐delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at a pro‐rata rate against any invoice that we have raised for such goods.

 

 

9. Cancellation

9.1 For physical products e.g. heart rate monitors, you have the right to cancel your order  up to 14 (fourteen) working days after the day following the delivery of the goods ( “th e Cooling Off Period”) by telephone or by email ( service.desk@trainsmart.com). In order to cancel your purchase within the Cooling Off Period you should:

(a) confirm in writing to us that you wish to return the goods and state that the reason for the return is “contract cancellation”; and

(b) package the relevant item securely and return it to us within the time scale referred to in condition 9.4 below.

 

9.2 In the event that the goods have already been dispatched by us at the date of receipt of your cancellation of the order you must return the goods to us and we will credit your credit or debit card with the price of the goods within 30 (thirty) days beginning on the day upon which the notice of cancellation was given.

 

9.3 Trainsmart will not be responsible for your costs in returning the items to us unless we delivered the item to you in error or if the item is damaged or defective.

 

9.4 If you do not return the goods within 21 days of your cancellation we will make a charge  in respect of the cost of recovering the goods. If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Website. This does not affect your statutory rights.

 

9.5 The right to cancel does not apply to services that we have agreed to commence providing to you before the end of the Cooling Off Period or to any goods that have been supplied according to your personal specifications. Accordingly, where we provide goods or services to you electronically (for instance Trainsmart Interactive) you may not cancel the agreement between us once we have commenced providing the services or delivered the goods.

 

9.6 Due to their nature, the cooling‐off period does not apply to downloadable products e.g. Trainsmart Interactive.

 

For non-physical products e.g. Trainsmart Interactive, there is NO cooling-off period and NO refunds

 

However, in exceptional cases where a genuine mistake has been made when purchasing, a credit note may be issued. The decision to issue a credit note is at the sole discretion of Trainsmart.

 

 

10. Returns

We hope that you will be happy with your purchase but should you wish to return any items please follow the instructions set out in our  Returns Policy  which is set out in the Appendix to these Terms of Use.  We will not be able to accept returns of

(a) personalised goods that have been specifically configured to your specification or

(b) goods or services that have been delivered electronically to you and to which you have access.

 

 

11. Payment

11.1 Fees

(a) Subscription Accounts and Coach Accounts. You are required to pay the fees for your Paid Athlete Account or Coach Account for the term of the plan selected in your Registration prior to obtaining access to your Account. All fees will be payable in advance, unless otherwise specified in your Registration of on the Site. A

If you have selected a regular payment plan, all plans automatically renew unless you terminate your Account within the time specified in your Registration or on the Site for your plan before your plan is scheduled to renew.

You are free to terminate your Paid Athlete Account or Coach Account at any time. Trainsmart will not provide any refund upon termination, but you will continue to have access to your Account after you have terminated your Paid Athlete Account or Coach Account until the expiration of your plan’s current term.

(b) Coached Athlete Account. If you have a Coached Athlete Account, the responsibility for payment of the fees, if any, for your access to your Account will be as specified by the terms of this agreement and/or your specific Coaching Agreement with your Coach

(c) Sponsored Account. If you have a Sponsored Account, your Sponsor will pay the fees, if any, for your access to your Account. Please contact your Sponsor and refer to the terms of your Sponsor Agreement regarding payment for and termination of your Account.

 

11.2 Payment methods

Your credit or debit card will be charged by our secure payments processor at the point of sale when you have purchased

(a) any product from Trainsmart;

(b) you have confirmed your booking for a test assessment;

(c) you purchase a Trainsmart Interactive programme.

For all payments that you make through the Website you will be directed to our secure payments processor.

 

 

12. Customs

12.1 When ordering goods from Trainsmart for delivery overseas you may be subject to import  duties and taxes, which are levied once the package reaches the specified destination.

 

12.2 Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

 

12.3 When ordering from Trainsmart, you will be considered as the “importer of record” and  must comply with all laws and regulations of the country in which you are receiving   the goods. Our international customers and customers dispatching products internationally should be aware that cross‐border deliveries are subject to opening and inspection by customs authorities.

 

 

13. Coaches

13.1 In the event that you wish to permit a third party (your “Coach”) to have access to your account you may do so subject to the following:‐

 

(a) you shall notify us in writing of the person that you have appointed to oversee and supervise your training and to have access to your account  (“th e Coach”); and

(b) you acknowledge and agree that you shall be wholly responsible for your relationship with the Coach and that Trainsmart shall not have any obligation, responsibility or liability whatsoever to the Coach in respect of the access by the Coach to your or such person’s input and/or supervision as to your training;

(c) you acknowledge and agree that you are solely responsible for any advice, coaching, training, or other services you receive from that Coach ( “Coaching Services”). Trainsmart are not responsible for any Coaching Services, whether or not the Coach uses the Site or Services to assist them in providing you with any Coaching Services.

(d) Trainsmart has no control over, is not responsible for, and does not provide support or maintenance for, any Coach or Coaching Services.

(e) Separate and apart from these Terms of Use, your access to and use of any Coaching Services may also be subject to any other agreement you have entered into (or enter into) with your Coach in addition to this Agreement (a “Coaching Agreement”). Notwithstanding any Coaching Agreement, these Terms of Use will continue to apply to your use of the Site and all Services. Any Coaching Agreement will apply separately to any Coaching Services you receive from your Coach and are separate and independent from the Services you may receive from us under these Terms of Use.

 

 

14. Intellectual property

14.1 The names, images and logos identifying Trainsmart, the Website and our products and  services are subject  to copyright, design rights and  trade marks which are owned by Trainsmart. Save where we expressly grant a licence to you in accordance with these Terms of Use nothing contained in these Terms of Use shall be construed as conferring by implication, a right or otherwise any licence to use any trade mark, patent, design right or copyright of Trainsmart or any third party.

 

14.2 All content included on the Website, such as text, graphics, logos, button icons, images,  audio clips, digital downloads, data compilations, and software, is the property of Trainsmart or its content suppliers. The compilation of all content on the Website is the exclusive property of Trainsmart. All software used on the Website is the property of Trainsmart or our software suppliers. All such rights are protected by law.

 

14.3 TRAINSMART, TRAINSMART.COM, SMART SENSOR NETWORKS LIMITED, THE SMART SENSOR NETWORKS LIMITED LOGO, and other marks indicated on the Website are trademarks or registered trademarks of Trainsmart. Trainsmart graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Trainsmart. Trainsmart trademarks and trade dress may not be used in connection with any product or service that is not Trainsmart’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Trainsmart. All other trademarks not owned by Trainsmart that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trainsmart. No licence is granted to you in these Terms of Use to use our trade marks.

 

 

15. Other businesses

15.1 Trainsmart may permit third parties to operate stores, provide services or sell products on the Website. In addition, we may provide links to the Websites of affiliated or third party businesses. We shall not be responsible for examining or evaluating the content of such websites. We do not warrant or endorse the offerings of any such business or the content of their websites. Trainsmart does not assume any responsibility or liability for the actions, products or content of such third parties. You will be aware when you are involved in a transaction with such a third party and we may share customer information relating to such transactions with that third party. You should carefully review the privacy policies and other applicable terms and conditions of such third parties.

 

15.2 The Website may contain advertising and sponsorship of third parties. Such advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

 

 

16. Electronic communications & privacy

16.1 By subscribing to Trainsmart’s service, You are agreeing to SSN’s Privacy Policy in that the information and personal data you provide to it and information about your Account (“ D ata“), may be used by Trainsmart and Trainsmart’s Group Companies for purposes including the execution of this Contract, administration of Your Account, marketing of Trainsmart’s products and services, and market research.

 

16.2 You also agree that the Data held by Trainsmart and Trainsmart’s Group Companies may be shared with other third party companies including for sales, marketing and market research purposes.

 

16.3 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any Data relating to you gathered by us.

 

16.4 When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by updating or posting notices on the Website. You consent to the receipt of such communications from us and you agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

 

16.5 Our Privacy Policy applies to use of the Website and its provisions are incorporated as a part of these Terms of Use by this reference. In addition, by using the Website, you   acknowledge and agree that internet transmissions are  never  completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example credit card information) is encrypted.

 

16.6 If you don’t want to receive marketing by email or SMS, or that you don’t want us to share Data with companies outside Trainsmart and Trainsmart’s Group Companies, or if you wish to obtain access to your Data, then please email us at  service.desk@trainsmart.com  to notify us, including notification of any changes to the Data You have previously given and/or if you wish to withdraw your consent to our using your Data for the stated purposes or for any form of promotional contact.

 

 

17. Sanctions and termination

17.1 You acknowledge and agree that Trainsmart may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Site if we determine that you are in breach of these Terms of Use or our Privacy Policy or any other agreements or guidelines which may be associated with your use of the Website. You also agree that any breach of these Terms of Use or the Privacy Policy may constitute an unlawful or unfair business practice which may cause irreparable harm to Trainsmart, for which monetary damages would be inadequate, and you consent to Trainsmart obtaining any injunctive or equitable relief that Trainsmart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Trainsmart may have at law or in equity and to the following provisions of this condition.

 

17.2 In the event that we are notified of activities that are a breach of these Terms of Use or our Privacy Policy, in addition to the action referred to above, we may ban, delete or prohibit  any content that relates to such breaches or that we judge harmful to individuals or the rights of Trainsmart or any of our affiliates, licencors or partners.

 

17.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:

(a) breaches that we deem to be minor may result simply in receipt of a written warning; and

(b) breaches that we deem to be serious may result in your automatic ban from any chat‐room or other forum or from the Website generally.

 

17.4 Our decision shall be final in all such cases and any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities or to legal action being taken against you, or both.

 

17.5 In addition to the foregoing we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these Terms of  Use or our Privacy Policy or breach of any  applicable  laws  or regulations or where our rights or third party rights are threatened or infringed.

 

17.6 Trainsmart will not provide any refund if your Account is terminated under the sections 17.1 – 17.5.

 

17.7 Termination by Coaches and Sponsors. If you have Coached Athlete Account or a Sponsored Account, your Coach or Sponsor has the right to not renew or terminate, or to direct us to not renew or terminate, your Account. We have the right to terminate your Account after receiving instructions from your Sponsor or Coach. Please refer to your Coaching Agreement or Sponsor Agreement and any Additional Terms that you may have accepted regarding your Account for additional information about the circumstances under which your Coach or Sponsor may terminate your particular Account.

If your Coach or Sponsor terminates or does not renew your Coached Athlete Account or Sponsored Account, or directs us to terminate or not renew your Coached Athlete Account or Sponsored Account, your Account will be re-designated as a Subscription Account. You can re-designate your Subscription Account at any time by selecting the suitable product from our website and paying the appropriate fees.

If you have a Coached Athlete Account and your Coach’s Coach Account is terminated by us for any reason, your Account will be re-designated as a Subscription Account. You can re-designate your Subscription Account at any time by selecting the suitable product from our website and paying the appropriate fees.

 

17.8 Termination by You. If you notify us that you wish to terminate your Account, regardless of the type of Account you have, we will promptly take such action as is necessary to terminate your Account. Upon such termination, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account.

We will not provide any refund if your Account is terminated under this Section.

 

 

18. Disclaimer and limitation of liability

18.1 Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make  changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date and we make no commitment to update such material.

 

18.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we make the Website available on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable skill and care) which, but for these Terms of Use, might have affect in relation to the Website.

 

18.3 Where we supply goods to you that we have acquired from a third party we do not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise but shall where possible assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying the goods to us.

 

18.4 So far as permitted by law we shall have no liability to you for any loss, damage, costs,  expenses or  other  claims  for  compensation  arising  from  information  or instructions   that  you  have  supplied  to  us  which  are  incomplete,  incorrect, inaccurate, illegible or through any other omission or failure on your part which has led to such loss or damage.

 

In particular you acknowledge and agree that it is your responsibility to ensure that you are capable of undergoing the routine of exercise or training that is proposed for you, and that you accept that there is always some risk when performing  exercise. You  acknowledge and agree that  it  is  your  sole responsibility to obtain the prior approval of a doctor before commencing the routine of exercise or training that is suggested  under the Trainsmart Interactive schedule where:

(i)   we have indicated that it is appropriate for you to do so, or

(ii)  is any reason whatsoever that causes you, or ought to cause you, doubt as to your suitability to do so.

 

18.5 No Medical Advice.

The content we provide through the site, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us, by others or third parties, is not intended to be, and should not be used in place of:

 

(A) the advice of your physician or other medical professionals;

(B) a visit, call or consultation with your physician or other medical professionals; or

(C) information contained on, or in any product packaging or label.

 

 

OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE.

 

 

Should you have any medical or healthcare-related questions, please promptly call or see your physician or healthcare provider.

 

SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR THE RELEVANT EMERGENCY CONTACT NUMBER IMMEDIATELY.

  

You should never disregard medical advice or delay in seeking medical advice because of any content presented on this site, and you should not use our content for diagnosing or treating a health or medical problem.

 

The transmission and receipt of our content, in whole or in part, or communication via the internet, email or other means, does not constitute or create a doctor-patient, therapist-patient or other medical or healthcare professional relationship between you and us.

 

TRAINSMART IS NOT A HEALTHCARE PROVIDER.

 

18.5 We and any of our affiliated businesses and our officers, directors, employees, shareholders and agents exclude all liability and responsibility for any amount or kind or loss or damage that may result to you or a third party (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 and whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

 

18.6 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.

 

18.7 Without limitation to the generality of conditions 18.1 to 18.5 we disclaim all liability in connection with the following:‐

(a) incompatibility of the Website with any of your equipment, software or telecommunications links;

(b) technical problems including errors or interruptions of the Website;

(c) unsuitability, unreliability or inaccuracy of the Website;

(d) the inadequacy of the Website to meet your requirements.

 

18.8 Subject to condition 18.9

(a) our  total  liability  in  contract,  tort  (including  negligence  or  breach  of statutory duty), misrepresentation, restitution or otherwise, any breach of these Terms of use or any other claim arising in connection with your use of the Website or the purchase of any of our goods or services shall NOT EXCEED TWICE THE TOTAL AMOUNT OF MONIES ACTUALLY RECEIVED BY TRAINSMART FROM YOU IN RESPECT OF GOODS OR SERVICES PURCHASED BY YOU THROUGH THE WEBSITE; and

(b) we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each whether direct, indirect or consequential or any claims for consequential compensation whatsoever (how so ever caused) which arise out of or in connection with the subject matter of these Terms of Use.

 

18.9 Nothing in these Terms of Use shall exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability which cannot be excluded or limited under applicable law.

 

18.10 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all costs thereof.

 

 

19. Feedback

19.1 We welcome your comments, feedback, reviews, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”).

 

18.2 The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.

 

18.3 We are entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, modify and delete any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

 

 

20. Miscellaneous

20.1 You may not assign, sub‐license or otherwise transfer any of your rights under these Terms of Use.

 

20.2 If any provision of these Terms of Use is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these of use, which shall remain in full force and affect.

 

20.3 We will not be responsible for any delay or failure to comply with our obligations under  these Terms of Use if such delay or failure arises from any cause which is beyond our reasonable control.

 

20.4 These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between us as to the terms upon which you may use the Website and supersede any previous agreement or discussions between us relating to the subject matter of these Terms of Use. Nothing said by any sales person or other person or entity on our behalf shall be understood as a variation of these Terms of Use or as an authorised representation about the nature or quality of the goods or services we provide or the Website. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representation being untrue or misleading.

 

20.5 In the event that you breach these Terms of Use and we do not take immediate action in relation to this, we shall still be entitled to exercise all of our rights and remedies at a later date or in any other circumstances where you are in breach of these terms of use.

 

20.6 Neither party intends that any provision of these terms of use shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these terms of use.

 

20.7 The law applicable to the validity, construction and performance these Terms of Use shall be  the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.

 

“Trainsmart.com” and “Trainsmart” are trading names for Smart Sensor Networks Limited and the Website owned and operated by Smart Sensor Networks Limited a company registered in England & Wales whose registered office is at 18 Massingberd Way, London, SW17 6AB.

Company Registration Number: 06479661

VAT Number: GB 926 6951 86

If you have any queries you can contact us by emailing service.desk@trainsmart.com