PTC Fitness, LLC. T&Cs:
These Website Terms and Terms and conditions govern your use
of our website, ptc-fit.com (the “Website”) and your relationship with PTC
Fitness, LLC. (“we”, “us” or “the business”). 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
subscribe as a member, use the Website, or purchase any of our Products or
services.
Please also see our Privacy and Data Protection Policy for
information about how we collect and use your personal data.
Introduction
These terms and conditions apply between you, the User of
this Website (including any sub-domains, unless expressly excluded by their own
terms and conditions), and PTC Fitness, LLC, the owner and operator of this
Website. Please read these terms and conditions carefully, as they affect your
legal rights. Your agreement to comply with and be bound by these terms and
conditions is deemed to occur upon your first use of the Website. If you do not
agree to be bound by these terms and conditions, you should stop using the
Website immediately.
In these terms and conditions, User or Users means any third
party that accesses the Website and is not either (i) employed by PTC Fitness,
LLC and acting in the course of their employment or (ii) engaged as a
consultant or otherwise providing services to PTC Fitness, LLC and accessing
the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By
using the Website and agreeing to these terms and conditions, you represent and
warrant that you are at least 18 years of age.
Intellectual property and acceptable use
By providing any content for distribution by the business
(such as before and after photographs) you expressly grant us a worldwide,
royalty-free, perpetual, irrevocable license to use, copy, store, perform,
display and distribute such content.
All Content included on the Website, unless uploaded by
Users, is the property of PTC Fitness, LLC, our affiliates, or other relevant
third parties. In these terms and conditions, Content means any text, graphics,
images, audio, video, software, data compilations, page layout, underlying code
and software and any other form of information capable of being stored in a
computer that appears on or forms part of this Website, including any such
content uploaded by Users. By continuing to use the Website you acknowledge
that such Content is protected by copyright, trademarks, database rights and
other intellectual property rights. Nothing on this site shall be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any trademark, logo or service mark displayed on the site without the owner's
prior written permission
You may, for your own personal, non-commercial use only, do
the following:
retrieve, display and view the Content on a computer screen
print one copy of the Content
You must not otherwise reproduce, modify, copy, distribute
or use for commercial purposes any Content without the written permission of PTC
Fitness, LLC.
Medical
We are not medical practitioners or registered dieticians.
We strongly recommend that prior to commencing any diet or exercise regime that
you consult a medical practitioner and/or registered dietitian first.
We have no expertise in diagnosing, examining, or treating
medical conditions of any kind, or in determining the effect of any specific
exercise or diet on a medical condition.
You acknowledge that when participating in any exercise
program that there is the possibility of physical injury.
Prohibited use
You may not use the Website for any of the following
purposes:
in any way which causes, or may cause, damage to the Website
or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive,
harassing, threatening or otherwise objectionable or in breach of any
applicable law, regulation, governmental order;
making, transmitting or storing electronic copies of Content
protected by copyright without the permission of the owner.
Signing up
You must ensure that the details provided by you upon sign
up or at any time are correct and complete.
You must inform us immediately of any changes to the
information that you provide when signing up by updating your personal details
to ensure we can communicate with you effectively.
We may cancel your subscription with immediate effect for
any reasonable purposes or if you breach these terms and conditions.
Cancellation policy
The monthly subscription can be cancelled at any time, and
the same applies to the three-month package following the initial three-month
payment. You can cancel directly via Stripe or we can cancel it, at your
request. Once you cancel, you will not be charged again and will be able to
continue the service and access the app until the end of your current payment
period.
Like most subscriptions, such as Netflix, Amazon Prime or a
monthly gym membership, the subscription cannot be paused (temporarily put on
hold). If you wish to stop, even if just temporarily, you can cancel your
subscription — this can be done anytime following the initial one-month or
three-month subscription payment. Assuming I have availability, you will be
able to sign back up following your break. When cancelled, you do maintain
access to the app and service until your subscription expires.
No warranties
This website and the information contained in it is provided
for information purposes only. We make no representations or warranties in
relation to this website or the information and materials provided on this
website.
Without prejudice to the generality of any other clause
contained in this disclaimer, We make no warranties or representations that the
information on this website:
a) is complete, true, accurate or non-misleading; and
b) is right for You.
Refund Policy
PTC Fitness' Simple Solutions for Strength / Online Personal
Training Service does not offer any refunds as this is a custom-made
subscription product, but you may cancel future subscriptions at any time via Stripe
or via email.
Links to other websites
This Website may contain links to other sites. Unless
expressly stated, these sites are not under the control of PTC Fitness, LLC or
that of our affiliates.
We assume no responsibility for the content of such Websites
and disclaim liability for any and all forms of loss or damage arising out of
the use of them.
The inclusion of a link to another site on this Website does
not imply any endorsement of the sites themselves or of those in control of
them.
Privacy Policy and Cookie Policy
Use of
the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. Availability of the Website and disclaimers
Any online facilities, tools, services or information that PTC
Fitness, LLC makes available through the Website (the Service) is provided
"as is" and on an "as available" basis. We give no warranty
that the Service will be free of defects and/or faults. To the maximum extent
permitted by the law, we provide no warranties (express or implied) of fitness
for a particular purpose, accuracy of information, compatibility and
satisfactory quality. PTC Fitness, LLC is under no obligation to update
information on the Website.
Whilst PTC Fitness, LLC uses reasonable endeavors to ensure
that the Website is secure and free of errors, viruses and other malware, we
give no warranty or guaranty in that regard and all Users take responsibility
for their own security, that of their personal details and their computers.
PTC Fitness, LLC accepts no liability for any disruption or
non-availability of the Website.
PTC Fitness, LLC reserves the right to alter, suspend or
discontinue any part (or the whole of) the Website including, but not limited
to, any products and/or services available. These terms and conditions shall
continue to apply to any modified version of the Website unless it is expressly
stated otherwise.
Limitation of liability
Nothing in these terms and conditions will: (a) limit or
exclude our or your liability for death or personal injury resulting from our
or your negligence, as applicable; (b) limit or exclude our or your liability
for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our
or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses
arising out of events beyond our reasonable control.
To the maximum extent permitted by law, PTC Fitness, LLC
accepts no liability for any of the following:
any business losses, such as loss of profits, income,
revenue, anticipated savings, business, contracts, goodwill or commercial
opportunities;
loss or corruption of any data, database or software;
any special, indirect or consequential loss or damage.
PTC Fitness, LLC, nor any of its employees, agents or
representatives, are engaged in rendering medical advice, nor does it (or any
of its employees, agents or representatives) hold itself out as qualified to do
so.
We strongly recommend that you seek professional medical
advice before embarking on any diet or exercise program.
Any exercise program, 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 program. Accordingly, any actions that you
take in relation to a personal plan should not be pursued regardless of 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.
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.
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, e-book, video course,
social media (such as Facebook, Instagram or Twitter) or otherwise, is provided
for the purposes of general information only.
Expected Results
While we believe that for most people, following our programs
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 of any techniques, diets, or programs that
we deliver; or
the results that you may achieve as a result of following
our programs.
All testimonials 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.
General
The subscription amount is paid monthly, in advance for each
month and via PayPal with the option to pay the first three months in advance
for a discounted rate.
We reserve the right to make subscription increases and will
provide one month's notice of any planned increase.
You may not transfer any of your rights under these terms
and conditions to any other person. We may transfer our rights under these
terms and conditions where we reasonably believe your rights will not be
affected.
These terms and conditions may be varied by us from time to
time. Such revised terms will apply to the Website from the date of
publication. Users should check the terms and conditions regularly to ensure
familiarity with the then current version.
These terms and conditions together with the Privacy Policy
and Cookies Policy contain the whole agreement between the parties relating to
its subject matter and supersede all prior discussions, arrangements, or
agreements that might have taken place in relation to the terms and conditions.
The Contracts (Rights of Third Parties) Act 1999 shall not
apply to these terms and conditions, and no third party will have any right to
enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision
of these terms and conditions (or part of any provision) is invalid, illegal,
or unenforceable, that provision or part-provision will, to the extent
required, be deemed to be deleted, and the validity and enforceability of the
other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act, or omission by a
party in exercising any right or remedy will be deemed a waiver of that, or any
other, right or remedy.
This Agreement shall be governed by and interpreted
according to the law of England and Wales, and all disputes arising under the
Agreement (including non-contractual disputes or claims) shall be subject to
the exclusive jurisdiction of the English and Welsh courts.
Nutritional and Exercise Recommendations
We provide nutritional advice and exercise recommendations
based on the information you provide to us. It is essential that you provide
accurate and up-to-date information about your health, medical conditions,
dietary restrictions, and physical fitness level. Our advice is tailored to the
information you provide; therefore, any inaccurate or incomplete information
may lead to inappropriate recommendations. It is your responsibility to consult
a medical professional before making significant changes to your diet or
exercise routine, especially if you have pre-existing medical conditions or
concerns.
Personal Responsibility
Participation in our fitness programs and the implementation
of the recommended exercise routines and dietary guidelines are entirely at
your own risk. You understand that there are inherent risks associated with
physical activities and changes in dietary habits. You agree to assume full
responsibility for any injuries, damages, or adverse health effects that may
result from participating in the programs, exercises, or recommendations
provided by us. You acknowledge that you have been advised to consult a medical
professional before starting any new exercise or nutrition program.
Results and Progress Tracking
While we provide guidance and support to help you achieve
your fitness goals, we cannot guarantee specific outcomes or results. Progress
varies from person to person and depends on factors such as genetics, effort,
consistency, and adherence to the program. We recommend that you keep track of
your progress and make adjustments as necessary. We are not liable for any
dissatisfaction with the results achieved or the lack thereof.
Communication and Support
We are committed to providing accurate and timely
information to support your fitness journey. Our communication channels are
primarily through the platform we provide, email, and other designated methods.
While we strive to respond promptly to your inquiries, there might be
reasonable delays due to high demand or unforeseen circumstances. We do not
provide emergency or urgent medical advice through these channels. In case of a
medical emergency or acute health issue, please contact a medical professional
or emergency services immediately.
Copyright and Content Usage
All materials, including text, images, videos, and other
content provided by us, are protected by copyright and intellectual property
laws. These materials are intended solely for your personal use and should not
be shared, reproduced, or distributed without our written permission. You may
not use our materials for commercial purposes or in any way that misrepresents
our content as your own.
Termination of Services
We reserve the right to terminate or suspend our services to
you if we have reasonable grounds to believe that you are not complying with
these terms and conditions or if your conduct is deemed inappropriate, harmful,
or in violation of any applicable laws. In the event of termination, you will
still be subject to any obligations, including those related to payment, that
arose before the termination.
Modification of Programs and Content
We may update, modify, or change the content, features, or
structure of our programs, services, and materials based on evolving best
practices, user feedback, or other considerations. We will make reasonable
efforts to inform you of any significant changes that may impact your
experience.
Feedback and Testimonials
We value your feedback about our programs and services. By
providing feedback, you grant us the right to use, share, and publish your
comments and testimonials for promotional and marketing purposes. However, we
will not disclose personal information without your explicit consent.
PTC Fitness, LLC. Privacy Policy
Our Contact Details
Name: PTC Fitness, LLC.
Phone Number: 774-571-8942
E-mail: [email protected]
The Type of Personal Information We Collect
We currently collect and process the following information:
Personal identifiers, contacts, and characteristics (e.g., name, email address, phone number, and demographic information).
Health and fitness data (e.g., fitness goals, progress tracking, and exercise history).
Payment information for subscription and coaching services.
How We Get the Personal Information and Why We Have It
Most of the personal information we process is provided to us directly by you for one of the following reasons:
1. To provide fitness coaching and personal training services tailored to your needs
2. .To track progress and compile data on program effectiveness.
3. To process payments and manage subscriptions.
4. To communicate updates, promotions, and customer support.
We also receive personal information indirectly from the following sources in the following scenarios:
Health and fitness apps that integrate with our services.
Social media platforms when you engage with our content.
Marketing partners providing referral data.
We use the information that you have given us in order to:
Personalize and improve your training experience.
Provide recommendations and fitness plans
.Analyze trends and improve our programs.
Process payments and manage accounts.
Comply with legal and regulatory requirements.
We may share this information with:
Payment processing providers.
Marketing and analytics service providers.
Legal and regulatory authorities if required by law.
Under U.S. data protection laws, the lawful bases we rely on for processing this information are:
(a) Your consent. You can remove your consent at any time by contacting [email protected].
(b) We have a contractual obligation.
(c) We have a legal obligation.
(d) We have a legitimate interest in improving our services and providing personalized fitness coaching.
How We Store Your Personal Information
Your information is securely stored using encrypted databases and access-controlled systems. We keep personal identifiers and health data for as long as you remain a client and for up to 5 years after account termination. We will then dispose of your information by securely deleting digital records and shredding physical documents.
Your Data Protection Rights
Under U.S. data protection laws, you have rights including:
Your right of access – You have the right to ask us for copies of your personal information.
Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate or incomplete.
Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.
Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.
Your right to object to processing – You have the right to object to the processing of your personal information in certain circumstances.
Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organization or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. Please contact us at [email protected] if you wish to make a request.
How to File a Complaint
If you have any concerns about our use of your personal information, you can make a complaint to us at [email protected] .You can also complain to the Federal Trade Commission (FTC) if you are unhappy with how we have used your data.
FTC Contact Information:
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20580Helpline number: 1-877-FTC-HELP (1-877-382-4357)