Terms And Conditions
Please Read These Terms And Conditions Carefully Before Using This Site
1. Who We Are And How To Contact Us
Who we are. We are Workout Depot Ltd a company registered in England and Wales. Our company registration number is 12163136 and our registered office is at Pendragon House, 65 London Road, St Albans, England, AL1 1LJ.
How to contact us. You can contact us by telephoning our team on 07368 922733 or by writing to us at [email protected].
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered with us or in your order.
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2. Acceptance Of Terms
By downloading, using or being a seller (“Seller”) of digital workout content (“Content”) and other services provided on this Site (together, the “Services”), you confirm that you accept these terms and conditions (“Terms and Conditions”) and the additional terms set out in paragraph 3 below, and that you agree to comply with them. If you do not agree to these terms, you must not use our Site. We recommend that you print a copy of these terms for future reference.
We amend these Terms and Conditions from time to time. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time.
3. There Are Other Terms That Apply To You
These Terms and Conditions refer to the following additional terms, which also apply to your use of our Site and, if you are a Seller, will also apply to you.
4. We May Make Changes To Our Site
We may update and change our Site from time to time to reflect changes to our Services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
5. We May Suspend Or Withdraw Our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.
6. We May Transfer This Agreement To Someone Else
We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens.
7. Our Site Is Only For Users In The UK
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
You must be 18 years or older to use our Services.
8. Description Of The Services
When you decide to purchase Content from the Site, the resulting legal contract is between you and that Seller and such contract shall compromise of these Terms and Conditions, the email confirmation of your order and any applicable details on the Content page and you agree to be bound by all such provisions.
You should carefully review the Terms and Conditions, the email confirmation of your order and the applicable details on the Content page in relation to the order. If there is any conflict or inconsistency between these Terms and Conditions, the email confirmation of your order or the applicable details on the product page, these Terms and Conditions shall prevail to the extent of the conflict or inconsistency.
We cannot give any undertaking, that Content you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you purchase Content through the Site we may disclose your customer information related to that transaction to the relevant Seller.
Save as otherwise set out in our Sellers Policy, we do not review or control listings and Content provided by Sellers. We are also not responsible in any way for such listings or Content.
9. Who Can Sell On Workout Depot?
In order to be a Seller on Workout Depot you must be a fitness professional who is successfully vetted by us in accordance with our Vetting Policy. They must also comply with the terms and standards of service set out in these Terms and Conditions, the Sellers Policy and the other policies referred to in section 3 above.
10. How Your Contract Is Made
Each order you place shall be deemed to be an offer by you to purchase the Content specified within it subject to these terms and conditions and the applicable details on the Content page.
No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to that Content notified in the email acknowledgement of order.
11. How To Pay
Your purchase(s) of Content from Sellers may only be paid for using the payment methods we make available from time to time through our payment facility on the Site. By accepting or otherwise processing your payments related to the purchase of Content from Sellers, we act in the capacity as commercial agent of the Seller. In respect of all payment methods, the Seller acknowledges and agrees that the valid payment by you to us will satisfy your obligation to pay the Seller for the relevant Content and consequently, any payment obligations owed by you to the Seller for the purchase of such Content shall end at that time.
You acknowledge and agree that these Terms and Conditions, and/or any transaction made by you via the Site, does not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller. The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.
12. We May Refuse A Transaction
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
13. You Must Keep Your Account Details Safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected] and change your password as soon as possible.
14. Fees For Sellers
Our fees for allowing Sellers to sell training plans via our Site and marketplace are set out in more detail in the Fees and Payments Policy.
Sellers are prohibited from activities that avoid our fees, intentionally or not. This includes:
• Making offers to sell training plans displayed on our Site or otherwise to users outside of Workout Depot
• Linking or promoting sites that can be used to order training plans displayed on our Site or otherwise outside of Workout Depot.
Should you wish to request a refund for a training plan for any reason, the terms and procedures are set in our Refund Policy.
16. Reviews System
Reviews are a great way for Sellers to build a reputation on our Site. Users can leave a review, including a one to five star rating, within 100 days after the Content is downloaded. On the rare occasion a Seller receives an unfavourable review, the Seller can reach out to the user or, if the review is less than 3 stars, leave a response.
Reviews and your response to reviews may not:
• Contain private information;
• Contain obscene, racist, or harassing language or imagery;
• Contain prohibited medical drug claims;
• Contain advertising or spam;
• Be about things outside the Seller’s control, us or a third party;
• Contain threats or extortion;
• Falsely inflate a Seller’s review score;
• Undermine the integrity of the reviews system.
17. How You May Use Material On Our Site
We are the owner or the licensee of all intellectual property rights in our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not copy, sell, redistribute, modify, disclose or upload to a third party website or other online forum or portal, any materials you have viewed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics displayed on our Site separately from any accompanying text.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
18. Do Not Rely On Information On This Site And Disclaimer
The Content and any other material displayed on our Site is provided for information purposes only. It is not intended to amount to advice on which you should rely. You should consider obtaining professional or specialist advice before taking, or refraining from, any exercise or training plan on the basis of the Content on our Site.
When participating in any exercise or training plan, there is always a possibility of physical injury – particularly where exercises are undertaken using poor form. Workout Depot is not responsible for any injuries that a user may suffer as a result of using any exercise or training plan provided by a Seller.
Any training plans involving weights, intense workouts and apparatus may put strong physical demands on you and we always strongly recommend that this is only undertaken with help, observation or supervision by others.
If you have any asthma, heart condition, growth condition or have experienced chest pains or dizziness in the last month we strongly advise that you do not try or use any training plan displayed on our Site.
This Site is not a medical facility and no information contained on the Site should be used to prevent, treat or diagnose medical conditions of any kind.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
19. We Are Not Responsible For Websites We Link To
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
20. User-Generated Content Is Not Approved By Us
This Site includes information and materials uploaded by other users of the Site and the Sellers, including comments, reviews, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
21. How To Complain About Content Uploaded By Other Users
If you wish to complain about content uploaded by other users, please contact us at [email protected].
22. Our Responsibility For Loss Or Damage Suffered By You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• Use of, or inability to use, our Site; or
• Use of or reliance on any Content or other materials or information displayed on our Site.
In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• loss of anticipated savings;
• loss of opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
23. How We May Use Your Personal Information
24. Uploading Content To Our Site
Uploaded material must not: (i) be defamatory of any person; (ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; (iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person; (v) promote any illegal activity; (vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or (vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Any material a user or Seller uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user or Seller constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users or Sellers. We have the right to remove any material or posting a user or Seller makes on the Site.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Seller Policy.
You are solely responsible for securing and backing up your Content or other materials.
We do not store terrorist content.
25. We Are Not Responsible For Viruses And You Must Not Introduce Them
Although we take reasonable steps to ensure that our Site is secure and/or free from bugs or viruses, we do not guarantee that this will be the case.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
26. Rules About Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our Site must not be framed on any other site, and other than creating a link or displaying the URL of your specific Content or product pages, you must not create a link to any other part of our Site (other than the home page) without our prior consent.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of Content or material on our site other than that set out above, please contact us at [email protected].
27. Which Country’s Laws Apply To Any Disputes?
These Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.