Terms and Conditions

Legal terms & conditions

Introduction

By accessing or using the My Exercise Instructor website (therein referred to as the "website"), you agree to be bound by the following terms and conditions of use. These may be changed at any time by My Exercise Instructor.

It is of the utmost importance for us at My Exercise Instructor to ensure that this, and every subsequent visit you make to our web site, is with complete peace of mind. You have every right to trust and to expect confidentiality, and it is our duty to respect this right.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with UK law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the UK courts.

If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

My Exercise Instructor provides an online marketplace for Exercise Professionals of all types, and potential Customers who are in need of their services.

Personal privacy

Your privacy is our priority. As such, we believe you should have an unrestricted view into how we collect data about the people who visit our site - yourself included - and what we do with that data.

Third parties privacy practices

We do not share aggregate, non-personally identifiable information about our users with advertisers, business partners, sponsors, and other third parties. We do not provide any identifiable personal information to any third party for any purpose whatsoever. For example, we provide equal opportunity information as regards our users, but we do not disclose anything that could be used to identify those individuals.

Our intention is never to use or share personally identifiable information provided to us in ways that are different than the ways described above without also providing you with an opportunity to "unsubscribe" or prohibit such unrelated uses.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this web site please contact us.
 
Copyright warning

Users and other website owners may copy some material for personal use only. Under no circumstances may any content, copy or other data (including images) be republished or reproduced either on another website or as part of any commercial service, without the prior written permission of My Exercise Instructor.

As a company My Exercise Instructor takes this very seriously and will pursue all breaches of our copyright through the appropriate avenues.
 
Trademarks
 
All page headers, logos, custom graphics and button icons are service marks and trademarks of My Exercise Instructor. All other trademarks, product names and company names or logos cited anywhere on any of the above websites are the property of their respective owners.
 
Conditions of use
 
My Exercise Instructor endeavors to ensure that all information is correct at the time of publishing, but does not accept any liability for error or omissions.

Information provided the websites is not written to meet individual requirements and does not constitute business, medical or other advice which you can rely on. It is not a substitute for professional advice from your business, medical or other professional adviser who you should consult in all cases to determine whether any information provided is relevant to, and appropriate for, you.
 
My Exercise Instructor does not necessarily endorse any product or service mentioned.
 
My Exercise Instructor is accordingly not responsible or liable for any loss, damage, expense or injury to any person resulting from any use of, or reliance on, any information provided.
 
My Exercise Instructor reserves the right to prohibit abusers of the site and its contents and to terminate any accounts this user might have. Abuse would include things like acts which violate the law, threatening, abusive or harassing or vulgar materials, transmission of viruses and other nasties, transmission of junk or spam mail, advertising and endorsement of products or services without My Exercise Instructor permission, and attempts to collect or store personal information about other users of the websites.
 
You are solely responsible for any and all information that you distribute in any way ('Your Content') using the websites and any consequences that may result from Your Content. You acknowledge that, like you, each user of the websites is solely responsible for any and all information. My Exercise Instructor does not review and has no obligation to monitor such content.

My Exercise Instructor
has the right to refuse and remove any content uploaded, posted, or distributed using the websites, including any of Your Content. My Exercise Instructor may also retain Your Content and disclose Your Content (including the contents of your private communications):

1. if required by law

2. to properly operate and maintain the websites

3. in connection with any claim that Your Content violates the rights of any third-party

4. to protect itself, its officers, directors and employees, the users of the websites and the public

5. to enforce these terms and conditions

By providing Your Content through any publicly accessible areas of the websites or submitting any of Your Content to the websites, you automatically grant to My Exercise Instructor a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such of Your Content into any form, medium or technology now known or hereafter developed. In addition you waive any and all moral rights in such of Your Content.

By providing Your Content through any publicly accessible areas of the websites or submitting any of Your Content to My Exercise Instructor , you warrant that Your Content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such posting, transmission, distribution or submission.
 
External links

All of My Exercise Instructor websites provide links to external websites and the facility to search the web using an automated system. These links and search results are included to give you the opportunity to explore an issue or topic in more depth. My Exercise Instructor is not responsible for the content of these Internet sites and your use of them is governed by their terms and conditions.

Intellectual Property

My Exercise Instructor owns all the intellectual property rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to My Exercise Instructor are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

Dealings with organisations and individuals

Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

You agree that My Exercise Instructor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that My Exercise Instructor is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release My Exercise Instructor, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
 

Disclaimer

My Exercise Instructor Ltd would like to make clear that, although we help members of the public locate a trainer, any subsequent relationship entered into is purely between the public and the trainer. At no point is a contract formed between My Exercise Instructor Ltd and the public or My Exercise Instructor LTD and the trainer.
 
Furthermore, whilst My Exercise Instructor checks all trainers for Insurance and Qualifications, we strongly advise each member of public to check the status of insurance with their trainer and their certificates carefully. All bonefide trainers will be only too happy to divulge this information.
 
My Exercise Instructor Limited trading as "MyExerciseInstructor.com" is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, My Exercise Instructor Ltd makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of My Exercise Instructor Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
 
Neither My Exercise Instructor Ltd nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
 
Not withstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have against any of the individuals, firms, companies or other entities appearing on this site and not being My Exercise Instructor Ltd with whom you may enter into an agreement for the provision of goods or services as consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Payment Terms & Refunds Instructor Membership

Instructor Membership is intended to enable Exercise Professionals to express interest in jobs posted in their area and within their core skills. Instructor Membership is paid for on a subscription basis in advance. Refunds will not be given. Each job (Train Me) that is posted creates a small pool of relevant exercise instructors based on proximity to the job and other factors. My Exercise Instructor does not guarantee that any instructor will have access to any particular job, or that instructors will secure work from the leads they are allocated.

If you setup an online agreement to pay us on a regular basis, we will automatically take payment 3 days before the renewal date of your Instructor membership. 7 days prior to that date, we will notify you by email to the email address that you gave us that your Instructor membership is about to renew. You must cancel the agreement before this date if you do not want it to renew. You may cancel your agreement by logging in to you're My Exercise Instructor account and choosing request cancellation. My Exercise Instructor will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or canceling your agreement prior to the renewal date.

From time to time My Exercise Instructor may change its Instructor Membership prices. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price.

You agree that having an Instructor membership does not remove My Exercise Instructors right to Limit or Terminate your services.

You agree that My Exercise Instructor has the right to change the features and privileges of Instructor Membership.

All Services

You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue your account will be automatically restricted.

Refunds may occasionally be offered in other circumstances at the discretion of My Exercise Instructor.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a £10 + VAT administration fee.

Feedback

You agree that customers can leave you feedback if after expressing interest you carried out some or all of the job advertised, training or similar or related work.

All Exercise Instructors will be subject to feedback evaluations from Customers for who they deliver to, and thereby understand that My Exercise Instructor is not responsible for the evaluation content that those Customers post, or any harm done by such content.

The Customer who posts the feedback is directly responsible for his or her written evaluation. In some exceptional circumstances, My Exercise Instructor may remove feedback, but only at its sole discretion. Likewise, any Customer of the website who posts feedback in reference to an Exercise Professional is responsible for its accuracy and legality.

All Users understand that any use of profanity, libelous behavior, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

My Exercise Instructor performs a number of checks on feedback to ensure authenticity and may at our sole discretion remove any feedback that we cannot verify.

Limitations

You acknowledge that My Exercise Instructor may establish limits concerning use of the Website, including but not limited too the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that My Exercise Instructor has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that My Exercise Instructor reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that My Exercise Instructor shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

Termination of service

You agree that My Exercise Instructor, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if My Exercise Instructor believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that My Exercise Instructor shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

My Exercise Instructor reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.