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Terms and Conditions

1.        Introduction

1.1     These terms and conditions govern your use of our websites at www.fitprofinder.com and www.targettrackerpro.com (individually and together, "our websites").

1.2     By using our websites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.

1.3     If you register with our websites, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least 18 years of age to register as a fitness professional with our websites; and by so registering, you warrant and represent to us that you are at least 18 years of age.

1.5     Our websites use cookies; by using our websites or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.        Licence to use website

2.1     Subject to the express provisions of these terms and conditions:

(a)     we, together with our licensors, own and control all the intellectual property rights in our websites and material on our websites; and

(b)     all the intellectual property rights in our websites and the material on our websites are reserved.

2.2     You may:

(a)     view pages from our websites in a web browser;

(b)     download pages from our websites for caching in a web browser;

(c)     print pages from our websites; and

(d)     stream audio and video files that are published on our websites to media player software on your personal computer or mobile device,

         subject to the restrictions set out in these terms and conditions.

2.3     You may only use our websites for your own personal or business purposes, and you must not use our websites for any other purposes.

2.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites.

2.5     Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our websites (including republication on another website);

(b)     sell, rent or sub-license material from our websites;

(c)     show any material from our websites in public;

(d)     reproduce, duplicate, copy or otherwise exploit material from our websites for a commercial purpose; or

(e)     redistribute material from our websites, except for content specifically and expressly made available for redistribution.

2.6     We reserve the right to restrict access to areas of our websites, or indeed the whole of a website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.

3.        Acceptable use

3.1     You must not:

(a)     use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability or accessibility of the websites;

(b)     use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent;

(e)     access or otherwise interact with our websites using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt files for our websites; or

(g)     use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2     You must ensure that all the information you supply to us through the websites, or in relation to the websites, is true, accurate, current and non-misleading.

4.        Registration and accounts

4.1     If you register for an account with our websites, you will be asked to choose  a password

4.2     You must not use your account for or in connection with the impersonation of any person.

4.3     You must keep your password confidential.

4.4     You must notify us in writing immediately if you become aware of any disclosure of your password or unauthorised use of your account.

4.5     You are responsible for any activity on our websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

4.6     You must not use any other person's account to access the websites, unless you have that person's express permission to do so.

4.7     Subject to Section 7.5, we may:

(a)     suspend your account;

(b)     cancel your account; and/or

(c)     edit your account details,

         at any time in our sole discretion without notice or explanation, subject only to the express provisions of these terms and conditions.

5.        Directory listings

5.1     We welcome submissions to our geographical directory of fitness professionals.

5.2     Each submission to our directory must be a bona fide listing in respect of an individual fitness professional offering services to the public.

5.3     Your directory submissions must comply with the acceptable use rules set out in Section 3 and the user content rules set out in Section 10.

5.4     You must keep your directory listings up to date using our website interface;  and if you cease to offer fitness-related services to the public, you must delete your listing.

5.5     Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website; and if we reject or delete a submission in accordance with this Section, we will not refund any applicable charges.

6.        Free directory listings

6.1     Our directory allows you to make free submissions.

6.2     You may submit a listing to our directory by completing and submitting the listing form on our websites.

6.3     If we accept your free directory listing submission then, it will remain published on our websites indefinitely, subject to termination or deletion in accordance with these terms and conditions.

6.4     We may delete a free directory listing at any time, with or without notice.

7.        Premium listings

7.1     Our websites allow you to purchase upgrades to your directory listing.

7.2     Premium listings will benefit from the enhancements specified on our websites  from time to time in relation to the relevant upgrade, which may include greater prominence on the websites, the opportunity to add additional data to the listing, and the opportunity to use our mobile app to link with clients.

7.3     You may upgrade a free listing to a premium listing using the control panel on the websites.

7.4     If you purchase an upgrade, then it will remain active for a period of 30 days or such other period as may be specified on our websites, subject to renewal or termination or deletion in accordance with these terms and conditions.

7.5     We may delete a premium directory listing at any time, providing that if we delete one of your premium listings before the end of the period in respect of which upgrade fees have been paid and you have not breached any of these terms and conditions, we will refund to you a portion of those upgrade fees, reflecting the unexpired listing period.

8.        Listing fees

8.1     The fees in respect of upgrades to directory listings will be as set out on our website from time to time.

8.2     All fees stated on in these terms and conditions or on our websites are stated exclusive of any applicable VAT.

8.3     You must pay to us the fees in respect of an upgrade in advance, in cleared funds, in accordance with the instructions on our websites.

8.4     If you sign up to pay us via PayPal recurring payments, you acknowledge and agree that we will continue to be entitled to request and receive payments until you cancel the relevant upgrade using your control panel on the websites, or we terminate your rights in accordance with these terms and conditions.

8.5     If you cancel an upgrade using your control panel on the websites, then we will not collect any further fees in respect of that upgrade, and the upgrade will expire at the end of the then-current monthly renewal period.

8.6     We may vary fees from time to time by posting new fees on our websites, but this will not affect fees that were paid to us before the variation is posted.

9.        Your content: licence

9.1     In these terms and conditions, "your content" means all works and materials (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our websites, or that you submit to us for storage or publication on, processing by, or transmission via, our websites.

9.2     You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9.3     You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4     You grant to us the right to bring an action for infringement of the rights licensed in Section 9.2.

9.5     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6     You may edit your content only to the extent permitted using the editing functionality made available on our websites.

10.      Your content: rules

10.1   You warrant and represent that your content will comply with these terms and conditions.

10.2   Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).

10.3   Your content must not:

(a)     be libellous or maliciously false;

(b)     be obscene or indecent;

(c)     infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)     infringe any right of confidence, right of privacy or right under data protection legislation;

(e)     constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)     be in contempt of any court, or in breach of any court order;

(h)     be in breach of racial or religious hatred or discrimination legislation;

(i)      be blasphemous;

(j)      be in breach of official secrets legislation;

(k)     be in breach of any contractual obligation owed to any person;

(l)      depict violence, in an explicit, graphic or gratuitous manner;

(m)    be pornographic, lewd, suggestive or sexually explicit;

(n)     be untrue, false, inaccurate or misleading;

(o)     consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)     constitute spam;

(q)     be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

11.      Limited warranties

11.1   We do not warrant or represent:

(a)     the completeness or accuracy of the information published on our websites;

(b)     that the material on the websites is up to date; or

(c)     that the websites or any service on the websites will remain available.

11.2   We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and subject to Section 7.5 you will not be entitled to any compensation upon the discontinuance or alteration of any website services, or if we stop publishing the websites.

11.3   To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our websites.

12.      Limitations and exclusions of liability

12.1   Nothing in these terms and conditions will:

(a)     limit or exclude any liability for death or personal injury resulting from negligence;

(b)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

12.2   The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

(a)     are subject to the preceding Section; and

(b)     govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

12.3   To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6   We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7   We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.9   You acknowledge that:

(a)     we do not confirm the identity of fitness professionals or other users, check their credit worthiness or bona fides, or otherwise vet them;

(b)     we do not comprehensively check, audit or monitor the information contained in directory listings;

(c)     we are not party to any contract for fitness-related services entered into between a user and a fitness professional;

(d)     we are not involved in any transaction between a user and a fitness professional in any way; and

(e)     we are not the agents for any user or fitness professional,

         and accordingly we will not be liable to any person, in relation to the offer to supply or supply of any services advertised on our websites; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the supply of any such services and we will have no obligation to mediate between parties to any such contract.

13.      Indemnity

13.1   You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)     any breach by you of any provision of these terms and conditions; or

(b)     your use of our websites.

14.      Breaches of these terms and conditions

14.1   Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)     send you one or more formal warnings;

(b)     temporarily suspend your access to our websites;

(c)     permanently prohibit you from accessing our websites;

(d)     block computers using your IP address from accessing our websites;

(e)     contact your internet service providers and request that they block your access to our websites;

(f)      commence legal action against you, whether for breach of contract or otherwise;

(g)     delete, unpublish or edit any or all of the content that you have stored, posted or published on our websites; and/or

(h)     suspend or delete your account on our websites.

14.2   Where we suspend or prohibit or block your access to our websites or a part of any website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

15.      Third party websites

15.1   Our websites include hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2   We have not control over third party websites or their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.      Trade marks

16.1   FITPRO FINDER, TARGET TRACKER PRO, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16.2   The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

17.      Competitions

17.1   From time to time we may run competitions, free prize draws and/or other promotions on our website.

17.2   Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

18.      Variation

18.1   We may revise these terms and conditions from time to time.

18.2   The revised terms and conditions will apply to the use of our websites from the date of their publication on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

18.3   If you have given your express agreement to these terms and conditions, we may ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the websites, and you must stop using the websites.

19.      Assignment

19.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

19.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

20.      Severability

20.1   If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21.      Third party rights

21.1   These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

21.2   The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

22.      Entire agreement

22.1   Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our websites and supersede all previous agreements between you and us in relation to your use of our websites.

23.      Law and jurisdiction

23.1   These terms and conditions shall be governed by and construed in accordance with English law.

23.2   Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

24.      Ecommerce Regulations

24.1   We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our websites. We recommend that you consider saving a copy of these terms and conditions for future reference.

24.2   These terms and conditions are provided in the English language only.

25.      Our details

25.1   The websites are owned and operated by Fitness Tracker Limited.

25.2   We are registered in England under registration number 08634640.

25.3   Our registered office and principal place of business is at 18 Wellgarth Road, Donwell, Washington, Tyne and Wear, NE37 1EA, UK.

25.4   You can contact us by writing to any address given above, using our website contact forms, by email to hello@targettrackerpro.com.