Terms & Conditions

1. Who We Are and What This Agreement Does

We are Aphrodite Fitness, a business in United Kingdom. Our address is The Orchard, Common Road, East Tuddenham.

These Terms govern your access to and use of our Services. These Terms set out:

• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.

2. How to Contact Us

Contacting us: We are here to help. If you wish to contact us for any reason, please email us at leah@aphroditefitness.co.uk

How we will communicate with you: If we have to contact you, we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

By signing up to be contacted on our website, you acknowledge that we (or our representative) may contact you to tell you more about our services.

3. How You May Use Our Services

In return for your agreeing to comply with these Terms you may:

• download a copy of our website and app onto your personal device and use the Services for your personal purposes only.
• if you download our app, receive and use any free app updates with "patches" and corrections of errors as we may provide to you.
• order coaching services from us, which we may agree to provide to you on the terms set out below.

You must be at least 18 years old or have parental consent to accept these Terms and download or use our Services. If you are under 18 and have parental consent, we recommend that your parents participate in your coaching session and that they advise you on your use of our Services.

If you are under 18 years of age and have not obtained your parents' consent to participate in a coaching session with us, we cannot accept you as a client.

Any plans delivered as part of the Services (e.g. meal and workout plans) can be accessed online. Access to any plans expires upon termination of the Services (you are therefore encouraged to save/print any plans at your own convenience).

6. Ordering Coaching Services

You may order our services by signing up through the contact form on our website. We or our sales representative will then contact you to learn more about you and your wishes. If there's a fit between us, you will be sent an email containing the details for your coaching as agreed between us, as well as a payment link.

Our acceptance of your order will take place when we email you to accept it, at which point our contract for coaching services will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the coaching services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description of the services.

You may at any time change the information in your order until it has been accepted by emailing leah@aphroditefitness.co.uk. Once an order is accepted, a copy of these Terms will be emailed to you directly together with an order confirmation.

Once the order is complete, the Service will be available to you as detailed in your order confirmation. The Service will continue (and these Terms will stay in force) for the duration of your programme.

7. Payment Terms

Any Services to be paid for, will be displayed prior to payment and include an overview of each month's payments. All fees, charges, VAT and delivery costs (if applicable) are included in the price (which will be further specified during checkout). Payment can be all at once (up-front) or in monthly arrears (as specified in the order form).

If you agree to receive our paid-for Services (including our coaching services), you will be signed up for payment through a third party service. With automatic signup, your card details will be encrypted during transmission through Secure Sockets Layer (SSL) encryption. This encryption ensures a high level of security regarding unauthorised access to your information.

Your payment terms will depend on the precise services that are agreed between you and us. Any payment via this service will effectively discharge you from your payment obligation. A copy of these payment terms will be set out in your order confirmation.

8. Whose Devices Can I Use the App On?

You can only download, install and use the App on a device that you own or have permission to use for these purposes. You will be responsible for complying with these Terms and for any use that is made of this App on another device, whether or not you own the device and/or if such use is with your knowledge or consent.

9. If You Download Our App, the App Store's Terms Also Apply

The ways in which you can use our app may be subject to the Apple App Store or Google Play Store (each, an App Store) rules and policies, and the App Store's rules and policies will apply instead of these Terms where there are differences between the two.

10. Compatible Device

The app should only be downloaded to and installed on a compatible device. Please read the App Store listing for the app before downloading to ensure that your device is compatible.

11. Updates and Changes to the Services

From time to time we may update and change the Services (including our app and website) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Please ensure you accept all updates in respect of the Services, including our app. You will be notified of all significant changes to the app and all updates will be provided free of charge.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Services (including our app) or the functionality may be reduced. Should an update in itself reduce functionality or your ability to use our Service, you are permitted to cancel your subscription within 30 days from the notification.

Please note that the app may be subject to your local laws on the sale of goods and the rules on non conformity and defects found in such laws apply to the app.

12. Your Account

You must keep any login details such as username, password and security questions confidential and not disclose them to any other person. If you have any reason to believe that they have been compromised, you must promptly reset them using our 'Forgotten Password' feature.

You must not under any circumstances allow any other person to access the platform using your login details. Not only will it affect the functionality of the Services as statistics and tracking will not be correct, but you will also be responsible for any actions taken by a person using your user account, whether or not with your knowledge or consent.

Allowing others to access the Services using your login details is a breach of these Terms and may result in your right to use the Services being suspended or us ending your right to use the Services.

13. You May Not Transfer the Services to Someone Else

We are giving you personally the right to use the Services as set out in these Terms. You may not transfer the Services to someone else, whether for money, for anything else or for free except as permitted under the terms of the App Store. If you sell any device on which our app is installed, you must remove the app from it.

14. Your Privacy

We only use any personal information we collect through your use of our Services in the ways set out in our Privacy Notice.

Internet transmissions are never completely private or secure. This means there is a risk that any information you send using our Services (including our website or app) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

15. Intellectual Property Rights

All intellectual property rights in the Services (including our app and website) throughout the world belong to us and our licensors. The rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms.

These Terms grant you a personal, non-transferable and non-exclusive right to use our Services. We grant you this right for the sole purpose of receiving the Services as permitted in these Terms.

Our Services (including our app and website) are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms gives you a right to use the Aphrodite Fitness name or any of the Aphrodite Fitness trademarks, logos, domain names, other distinctive brand features, and other proprietary rights (whether they belong to us or our licensors). All right, title, and interest in and to our Services (excluding content provided by you) are and will remain the exclusive property of us and our licensors.

Any feedback, comments, or suggestions you may provide regarding our Services (including our app and website) is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We will treat any content you upload via the Services as belonging to us. You must not upload any content unless you have a right to do so and such content complies with the Acceptable Use Restrictions section below.

If anyone else suggests our Services or their use in line with these Terms infringes their IP, we are responsible for investigating and defending that claim.

16. Licence Restrictions

You agree that you will:

• not sub-license or otherwise make available our Services (including the app or any workout or meal plans) to any person without prior written consent from us;
• not copy the Services (including our app and website), except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services (including the app and website);
• not combine or incorporate the Services in or with any other programs, except as necessary to use the Services on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services, nor attempt to do any such things, unless to the extent as expressly permitted by applicable laws;
• comply with all applicable laws and regulations that apply to the technology used or supported by the Services.

17. Acceptable Use Restrictions

You may use our Services (including our app and website) only for lawful purposes. You must:

• not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
• not act fraudulently or maliciously;
• not access, use, distribute or transmit malicious code, such as viruses, or harmful data, into the any Services (including the app or website) or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the any Services;
• not transmit any material that is defamatory, discriminatory, threatening, obscene, sexually explicit, offensive or otherwise objectionable in relation to your use of any Services;
• not use the any Services in a way that could damage, overburden, impair or compromise our systems or security or interfere with other users;
• not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.

Further, if you take part in the group chat functionality in our App, you must:

• not spread dangerous information or misinformation (e.g. inspire other users on the App not to eat);
• not discuss or organise criminal activities;
• not engage in spam/promotions; and
• not engage in hate speech, body-negativity or bullying.

We reserve the right to delete your content and/or account permanently if we find that you violate these rules.

18. Our Responsibility for Loss or Damage Suffered by You

Limitations to the Services: We have not developed our Services to meet your every need. To the extent we provide any personalised exercise routines or meal plans, you recognise that you carry these out at your own risk. If you have any concerns about these Services and your health, you must consult your GP or healthcare professional.

You use the information provided through the Services at your own risk. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied that such information is accurate, complete or up to date. You may receive advice from third parties through the Services however we accept no liability for any advice received from third parties using the Services.

Please back-up content and data used with the app: We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app or the Services.

We are not responsible for delays outside our control: If our supply of the coaching services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to discuss your potential rights to end the contract and receive a refund for any services you have paid for but not received.

19. Limitations of Liability

For clarification, these Terms do not limit our liability for fraud, fraudulent misrepresentation, death, personal injury or any other liability to the extent that applicable law would prohibit such a limitation.

Limitation on Damages:

IN NO EVENT WILL APHRODITE FITNESS, ITS OWNER(S) EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, COSTS OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES AND/OR LOST SAVINGS), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM A BREACH OR ALLEGED BREACH OF THESE TERMS, OR THE USE OF ANY SERVICES PROVIDED HEREUNDER.

Liability Cap:

IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY BREACH OR ALLEGED BREACH OF THESE TERMS WITH RESPECT TO ANY CLAIMS HEREUNDER EXCEED A MAXIMUM AGGREGATE AMOUNT OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Applicability:

THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE THEREOF.

20. What Will Happen If You Do Not Give Required Information to Us

We may need certain information from you so that we can supply our coaching services to you, for example, on your body and wellbeing, including height, weight, body statistics, workouts, mood, meals, nutrition and general wellbeing. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

21. We Are Not Responsible for Other Websites

Our Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

22. Ending This Agreement

You may choose to end your agreement with us at the end of your minimum commitment period. To do so, you must provide us with at least 1 month's notice. If you end our agreement in this way, your termination will only be effective from the first day of the following billing period.

If you don't comply with these Terms (including failure to pay): We may end your rights to use the Services at any time by contacting you if we reasonably believe that you have not complied with these Terms in a serious way. This may include if you fail to make a payment. If what you have done can be put right we will give you a reasonable opportunity to do so. If we end your right to use the Services in this way, we may retain payments you have already made to cover our costs and/or compensate us for our losses resulting from your failure to comply.

We may end the contract if it becomes impossible or impractical to provide our Services: If we decide to suspend or stop providing any part of our Services in this way, we will let you know if we are going to do this. If you have paid for our Services in advance, you may be entitled to a proportionate refund of the money you have paid in advance and for the time you haven't been able to use our Services because we have ended the contract.

Exercising your right to change your mind: By accepting these terms, you agree that you can access digital content in the form of workouts, training programmes and meal plans before your normal 14-day withdrawal period has expired. Therefore, you expressly waive your right of withdrawal from the moment you access your digital content. Until you get access, you have the right of withdrawal under the general rules of the Consumer Contracts Regulations.

Notice of withdrawal must be given digitally by email to leah@aphroditefitness.co.uk and must be received by us before you have accessed the Digital Content. In the subject field, please write "Withdrawal".

Your legal rights: We are under a legal duty to supply services that are in conformity with this contract. Nothing in these Terms will affect your legal rights.

If this agreement comes to an end:

• you must stop all activities authorised by these Terms, including your use of the app and the coaching services;
• you must delete or remove the app from all devices in your possession and immediately destroy all copies of the app which you have and confirm to us that you have done this;
• we may remotely access your devices and remove the app from them and cease providing you with access to the support services.

23. We May Transfer This Agreement to Someone Else

We may transfer our rights and obligations under these Terms to another organisation, for example if we are acquired by a third party, provided that we remain liable towards you for the performance by the assignee. We may always transfer our rights and obligations under these Terms to another organisation in connection with a business sale. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

24. You Need Our Consent to Transfer Your Rights to Someone Else

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

25. Third Party Rights

The App Store and its group of companies can enforce these Terms on our behalf to ensure you comply. Other than this, third parties do not have any rights to enforce these Terms.

26. If a Court Finds Part of This Contract Illegal, the Rest Will Continue in Force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27. Even If We Delay in Enforcing These Terms, We Can Still Enforce It Later

Even if we delay in enforcing these Terms, 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 failure to comply with these Terms, 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.

28. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales, provided that this choice of law does not affect the protection you enjoy under the mandatory law of your country of residence. You can bring legal proceedings in respect of the Services in the competent courts.

29. Complaints

If you want to complain about the Service, feel free to contact us by writing an email at leah@aphroditefitness.co.uk. Your complaint will be duly processed in accordance with market practices without undue delay.