The Website is operated and owned by iDailyWorkOut Ltd ("we", "us", "our" or "iDailyWorkOut"). These are the General Terms and Conditions (”Terms”), as used by us. Our registered address is 1 Moyses Villas, Station Rd, Helston, Cornwall, TR13 8TX, United Kingdom. Registered Company number 08227665 (England and Wales)
By making use of the website and other products and services ("the Products") of iDailyWorkOut Ltd you declare to explicitly agree on these Terms. Please read them carefully before accessing or using the Website at www.idailyworkout.com and using its products.
1. Your Membership
You must be at least 13 years old to use the site, and at least 18 years old to register for the products. Persons below said age need the explicit permission from their parents or legal guardian in order to agree with the Terms and to make use of the Products or make a binding agreement with iDailyWorkOut in any other way.
Your Membership starts immediately once you have processed your subscription details and order for our products and services, indicating your acceptance by reading and understanding the Terms, and having paid your Membership fees.
Membership fees must be paid by PayPal or other payment methods before Online Personal Training Services will commence (workout programmes, nutritional plans etc). Funds are not refundable. Memberships are not transferable and only you are authorised to use this membership.
Only registered iDailyWorkOut Members have permission to view and print any of the information provided by iDailyWorkOut and contained within the website. Members, or anyone otherwise, may not loan, rent, lease, or otherwise transfer the information to another person without the written permission of iDailyWorkOut.
You may cancel your membership at any time, but no refund will be provided on programmes already purchased and received within a 30 day period from the last payment. Your membership will automatically renew every month /4 months/12 months until iDailyWorkOut receives a cancellation notice from you (see 3 Prices). Automatic renewal dates are based on the date that you provide payment.
This agreement can also be cancelled if iDailyWorkOut is in breach of contract, including if it does not provide the services you may reasonably expect and we have fallen well below that standard.
We reserve the right to deny services to anyone if they breach our terms and conditions or privacy of other members.
2. The Client’s (your) obligation
Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Users that wish to start with any form of physical exercise or a diet plan with the Products list on our website or services, must always consult their doctor and/or dietitian prior to starting said exercise or plan. Users who experience pain or become dizzy or short of breath should immediately stop the physical exercise or their diet plan and contact a doctor for advice.
If you choose not to obtain a doctor's permission prior to beginning a program with iDailyWorkOut then you are doing so at your own risk. iDailyWorkOut shall not be held liable in any way whatsoever for any inaccuracy, misunderstanding or expectation drawn from the content of the Website.
If you sign up to become a Member then you may be asked to provide various pieces of information relating to your health and medical history (the Pre-Activity Readiness Questionnaire (“PAR-Q”)), which shall include information on blood pressure, heart conditions and injuries. This information helps us assess whether you can become a member of iDailyWorkOut. Please take care when preparing the PAR-Q information to provide to us as we shall not be liable if iDailyWorkOut is required to refuse membership because of the information you provide in the PAR-Q (or any other information provided to iDailyWorkOut in any other format), or if the fitness training program provided does not suit your needs due to the information provided to us being inaccurate.
All listed prices are conditional and can be adjusted without prior notice.
Termination of periodical subscriptions cannot take effect before the end of the period that has been agreed upon. Such termination has to be done at least 1 month before the end of the (renewed) contract period. Without termination, the subscriptions will automatically be extended after the agreed period has ended, in principle for the same period, unless otherwise agreed. Users can unsubscribe at any time, although the aforementioned notice term applies.
In order to terminate a subscription effectively, the user should send an e-mail to email@example.com, indicating their name, email address / username and desired date of termination.
Subscription payments are due once the agreement is in place, unless otherwise agreed upon.
4. Cancellation & refunds
If you wish to cancel your iDailyWorkOut Membership subscription at any time, you must give us at least thirty (30) days notice of cancellation by submitting a cancellation request as setup in section 3 (Prices):
No refunds shall be given for any unused remaining period of your Membership subscription, for either monthly or yearly subscriptions. If a Member serves notice to cancel their monthly subscription part-way through a calendar month, then cancellation will not be effective until the end of the following calendar month and the Member will be charged a further one (1) months subscription fee for the calendar month during which the Member is still a Member of iDailyWorkOut, before the cancellation takes effect.
6. Disclaimer & liability
iDailyWorkOut shall operate the Website and provide the services set out on the Website with reasonable skill and care.
In addition we shall not be liable for any dissatisfaction the Member may suffer in connection with the Website and/or services of iDailyWorkOut.
Nothing in these Terms shall exclude or limit our liability for (a) death or personal injury caused by our negligence (as such term is defined by the Unfair Contract Terms Act 1977); (b) fraud; (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
Subject to the foregoing, we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the services offered by the Website or the Website itself in any way or in connection with the use, inability to use or the results of use of this Website.
Subject to the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount of Fee paid (if any monies have been paid to us) in the calendar month prior to any such liability being incurred, if any, by you to us for the service offered on the Website during the term of a Member’s Membership subscription.
By agreeing to these Terms, Members agree to fully and effectively indemnify us against all third party claims, costs, losses and/or liabilities relating to this contract and a Member’s usage of the Website or actions in relation to the Website.
iDailyWorkOut, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website make no warranty, implied or explicit, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable of any quality, nor that the content is safe in any manner for download. By using this Website you understand and agree that neither iDailyWorkOut nor its affiliates, nor any participant in the Website and its services, provides professional advice of any kind and that use of such advice or any other kind of information is solely and strictly at your own risk and without our liability of any kind. iDailyWorkOut, its affiliates, employees, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors and other parties involved in the creation, production or delivery of the Website shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages, losses, costs or expense allegedly sustained arising out of access to or inability to access the service or the Website, including viruses alleged to have been obtained by using the service or the Website, your use or reliance on the service or any information or material available on the service or the Website, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
7. Intellectual Property
All materials on the Site (as well as the organisation and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to iDailyWorkOut Ltd. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the prior written permission of iDailyWorkOut Ltd.
iDailyWorkOut Ltd reserves the right to change the Terms at any time. After such a modification the changed Terms will be offered for inspection immediately on the website.
By using the website and the other products of iDailyWorkOut Ltd after changes to the Terms all Parties declares to agree to the new General Terms and Conditions.