Privacy Policy / Terms of use

Faction Heaton Mersey

Website Terms of Use and Terms of Business. 

These Website Terms and Terms of Business govern your use of our website, [ https://faction.fit/ ], (the “Website”) and your relationship with Faction Heaton Mersey (“we”, “us” or “Faction Heaton Mersey”). Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms of Use, please do not use the Website or purchase any of our Products. By using the Website and/or purchasing and of our products you confirm that you agree to these Terms

Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.

Faction Heaton Mersey (nor any of its representatives), is engaged in rendering medical advice, nor does it (or any of its representatives) hold itself of out as qualified to do so.

We strongly recommend that you seek that you seek professional medical advice before embarking on any diet or exercise programme.

Introduction

This Website offers a personal training service through which you can purchase tailored fitness and nutrition programmes.

These terms will apply to all users (“you”) of the Website and all purchasers of services.

By using the Website, or by purchasing any service from us, you agree to be bound by these Terms of Use.

Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms of Use in full at the time you use the Website. If you do not accept the amended Terms of Use then you must cancel your service and the previous terms will continue to apply pending termination.

Our Products

We will offer through the Website the following services

Group Training;

1-2-1 coaching;

Nutritional guidance;

How to contact us

We are Faction Heaton Mersey.

Purchasing a service

When purchasing a service we will ask that you to provide certain personal information including but not limited to your name, email address, mobile number and your payment details. Any personal information you provide to us with will be handled in accordance with our Privacy and Data Protection Policy.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

Viruses, hacking and other offences

You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website 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 membership and right to use the Website will cease immediately.

We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

Availability

Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to info@faction.fit and we will attempt to correct the fault as soon as we reasonably can.

Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

Our Liability

Nothing in the agreement excludes our liability arising as a result of our negligence for:

Death or personal injury;

Fraud or fraudulent misrepresentation.

Faction Heaton Mersey (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.

We strongly recommend that you seek professional medical advice before embarking on any diet or exercise programme.

Any exercise programme, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.

Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise programme. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.

Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.

For example, we always recommend that you seek professional medical advice before embarking on any exercise programme. Your decisions to engage in any exercise programme should take into account any medical or other professional advice that it available to you as well as using your own personal judgment as to what activity is safe for you to engage in.

The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.

For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.

You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.

Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, video, social media (such as Facebook, Instagram, YouTube or Twitter) or otherwise, is provided for the purposes of general information only.

Expected Results

While we believe that for most people, following our programmes and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:

the effectiveness any techniques, diets or programmes that we deliver; or

the results that you may achieve as a result of following our programmes.

All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.

Data Protection Policy

We request that all personal information that you provide is accurate, current and complete.

Any information which is collected using the Website including sensitive and personal information will be held by us in accordance with our Privacy and Data Protection Policy. You are responsible for ensuring that the user has given the appropriate consents.

All notices sent to you will be sent to the email address/mobile number provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email/mobile and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.

Any personal information that you provide to us in using the Website or as a member will be handled in accordance with our Privacy and Data Protection Policy

Intellectual Property

By providing us with content for distribution (such as before and after photographs) and giving us your permission, you expressly grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, copy, store, perform, display and distribute such content.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.

International Use

You shall comply with all foreign and local laws and regulations which apply to your use of our Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

General

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts.

If you breach these Terms of Use and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.

We may make changes to the format of the Website at any time without notice.

*DISCLAIMER | Results may vary from person to person | Results are based on individual circumstances | Timeframes for results are not guaranteed | Hard work is always required!

The content on this website is for information purposes only and should not be seen as a substitute for working with a qualified professional. You must consult with a medical or fitness professional before starting any new exercise and nutrition programme.

Faction Heaton Mersey, All rights reserved.