Terms & Conditions
These terms and conditions (the “Terms“) are the terms on which we (i) provide the App, Website and OLYMPUS FITAPP Ltd Service (each as defined below) to you including any updates or supplements to the App, Website or Olympus Fitapp Service, unless such updates come with separate terms, in which case those terms apply, and (b) permit you to make Bookings (as defined below). If you invite other people to train with you then you are responsible for those people and agree that you will ensure that they adhere to these Terms.
Please read these Terms carefully before downloading the App and/or using the Olympus Fitapp Service or Website. By accessing the App and/or the Website, you are agreeing to comply with these Terms (which shall include the Privacy and Cookies Policy) and any App Store Rules (as defined below).
Operating system requirements: The App requires an iOS 8 iPhone device and Internet access. You are responsible for making any arrangements necessary for you to have access to the App and Website, including a connection to the Internet. You should be aware that use of the App and Website may impact your data usage or the charges to which you are subject under your mobile phone contract.
Please note: You must be aged 18 or over to use the App, Website and the Olympus Fitapp Service. If you are under 18 or if you do not agree to these Terms, please do not use the App or Website or register as a user of the Olympus Fitapp Service. If you invite other people to train with you then you are responsible for ensuring that they are aged 18 or over.
You should keep a copy of these Terms for future reference. Click here to print or download.
These Terms, the App, Website and Olympus Fitapp Service are only available in the English language.
The information that you provide about yourself to Olympus Fitapp will only be used in accordance with our Privacy and Cookies Policy. The Privacy and Cookies Policy does not apply to Third Party Sites (as defined below).
- Capitalised Terms Used In These Terms
1.1. Capitalised words and phrases in these Terms shall have the following meanings:
“App” means the Olympus Fitapp mobile application;
“Appointment Time” means the specific date and time for a Booking;
“App Store Rules” means any rules or policies applied by the app store provider or operator from whose site or platform you downloaded the App;
“Booking” means a booking you have made with a Trainer of your choosing using the App for a Service Provider Service;
“Cancellation Fee” has the meaning set out in Clause 11.3;
“Content” means the content and materials on the App;
“Device” means the mobile telephone or handheld device onto which the App has been downloaded;
“Events Beyond Our Control” means events beyond our reasonable control, including without limitation fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity and Acts of God;
“Login” means (i) any registered user name and password accepted by Olympus Fitapp; or (ii) your Facebook login details, either of which you may choose to use to register for and log in to the App;
“Service Fee” means the amount payable by you to the Service Provider in respect of a Booking, as indicated on the App at the time you make a Booking;
“Service Provider” means a third party provider of a Service Provider Service;
“Service Provider Service” means any service provided by a Service Provider which is available to book through the App;
“Service Provider Terms” has the meaning given in Clause 3.2.2;
“Submission” has the meaning given in Clause 12.3;
“Olympus Fitapp Service” means all or any of the Olympus Fitapp services provided to Users including the ability to register for a User account, the provision of information on the App and Website, and the ability to book Service Provider Services using the App;
“we/us/our” means OLYMPUS FITAPP Limited, trading as Olympus Fitapp, including where appropriate our employees and authorised agents;
“Website” means the Olympus Fitapp website at Olympus Fitapp.com;
“Working Days” means a day which is not a Saturday, Sunday or a Bank Holiday in the UK; and
“User” means any person who uses the App, including a person who uses the App for the purpose of making a Booking, and any Service Provider who uses the App in connection with the provision of Service Provider Services.
1.2. Any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
- Introduction And About Us
2.1. The App and Website are owned and operated by OLYMPUS FITAPP Limited, a company registered in England and Wales under registration number , with its registered office address at [141-142 Fenchurch street,EC3M 6BL] , and trading as Olympus Fitapp (“Olympus Fitapp“).
2.2. The App allows you to make Bookings for Service Provider Services. We provide you with information about the Service Provider Services within the App.
2.3. If you have any questions, complaints or comments about the App, Website or Olympus Fitapp Service then please contact us.
2.4. OLYMPUS FITAPP Limited is registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner’s Office is [ZA274962]. If you have any queries about how we use your personal data please contact us. Please read our Privacy and Cookies Policy.
- Application Of These Terms
3.1. Subject to Clauses 3.2 and 3.3, these Terms apply to your use of the App, Website and Olympus Fitapp Service and booking of Service Provider Services.
3.2. We may make different versions of the App available as follows:
3.2.1. to Users wishing to use the App to make Bookings, in which case these Terms shall apply in full; and/or
3.2.2. to Service Providers to enable them to manage their profile on the App, Bookings and payments, in which case these Terms (except for Clauses 9 to 13 inclusive) shall apply in addition to the Service Provider’s separate agreement with Olympus Fitapp in relation to the provision of Service Provider Services (“Service Provider Terms”). In the event of any conflict between these Terms and the Service Provider Terms, the Service Provider Terms shall take priority.
3.3. If any open-source software is included in the App, Website or any part of the Olympus Fitapp Service, the terms of the applicable open-source licence(s) will apply in addition to these Terms, and will override these Terms in the event of a conflict. A list of the open source software used by Olympus Fitapp, and details of the applicable licence terms, is available here.
- Access To And Use Of The App, Website And Olympus Fitapp Service
4.1. In consideration of you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive licence to use the App on your Device and the Website, subject to these Terms, the Privacy and Cookies Policy and the App Store Rules.
4.2. You may download a copy of the App onto your Device and view, use and display the App on your Device for your personal purposes only (which may be commercial if you are using the App as a Service Provider). If you do not own the Device you download the App onto, you shall obtain permission from the owner(s) of the Device before downloading the App onto that Device.
4.3. You acknowledge that you (or the owner of the Device) may be charged by your (or their) service providers for Internet access when downloading and using the App or accessing the Website. You accept responsibility for the use of this App, Website and the Olympus Fitapp Service on or in relation to any Device which you use, whether or not it is owned by you.
4.4. Except as expressly set out in these Terms or as otherwise agreed by Olympus Fitapp, you agree:
4.4.1. not to copy the App, Website, Olympus Fitapp Service or the Content in whole or in part except where such copying is incidental to normal use of the App or Website, or where it is necessary for the purpose of back-up or operational security;
4.4.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify the App, Website, Olympus Fitapp Service or the Content in whole or in part;
4.4.3. (except if you are a Service Provider) not to use the App, Website, Olympus Fitapp Service or any Content, or to leave a rating, comment or review or make any Submission, for any commercial or non-personal purposes;
4.4.4. not to sell, resell or otherwise trade any Booking or Service Provider Services to or with any third party, or make or accept a Booking on behalf of a third-party except that you may invite friends to train with you if we agree to this or make this functionality available on the App. Any attempt to do any of the foregoing may, at our discretion, void the relevant Booking;
4.4.5. not to permit the App or Website or any part of it to be combined with, or become incorporated in, any other programs;
4.4.6. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or Website or attempt to do any such thing except where such actions are essential for the purpose of achieving the inter-operability of the App or Website with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App or Website with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App or Website;
4.4.7. not to provide or otherwise make available the App in whole or in part in any form to any person;
4.4.8. not to impersonate another individual when using the App, the Website, the Olympus Fitapp Service or any Service Provider Service;
4.4.9. not to download or access the App or Website or make a Booking unless you are aged eighteen or over;
4.4.10. that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by using the ”Edit My Profile” function which is available on the App;
4.4.11. that you will only use the App, the Website, Olympus Fitapp Service and the Service Provider Services and make Bookings for lawful purposes and in accordance with these Terms;
4.4.12. that in relation to any Submissions provided by you to use or uploaded by you to the App or Website, you have the right to do so and have obtained all necessary permissions and/or approvals;
4.4.13. not to publish, email, upload, transmit or otherwise disseminate any Submission, rating or review which is misleading, false, inaccurate, defamatory, obscene, indecent or which infringes copyright or other rights of third parties or may have the effect of being harassing, threatening, libellous or abusive or which is otherwise unlawful;
4.4.14. not to infringe our intellectual property rights or those of any third party; and
4.4.15. not to use the App, Website or Olympus Fitapp Service:
188.8.131.52. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effects or promotes such purposes;
184.108.40.206. in any way that interrupts, damages, impairs or renders the App, Olympus Fitapp Service or Website less efficient;
220.127.116.11. in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
18.104.22.168. to collect or harvest any information or data from the App or Website or our systems or attempt to decipher any transmissions to or from the servers running the App or Website;
22.214.171.124. to transfer files that contain viruses, trojans or other harmful programs;
126.96.36.199. to access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate the App or Website security measures;
188.8.131.52. to advertise or promote third party or (except if you are a Service Provider) your own products or services, including by sending or procuring the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or
184.108.40.206. for the purpose of harming or attempting to harm minors in any way.
4.5. By using the App, Website and Olympus Fitapp Service you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send using the App or Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
4.6. You acknowledge that the App, Website and OLYMPUS FITAPP Service have not been developed to meet your individual requirements.
4.6.1. To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of OLYMPUS FITAPP in order to circumvent or abuse the OLYMPUS FITAPP messaging system or OLYMPUS FITAPP platform is not permitted.
4.6.2 Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
4.6.3. OLYMPUS FITAPP does not provide any guarantee of the level of service offered to Clients. You may use the dispute resolution tools provided to you in the order page.
4.6.4. OLYMPUS FITAPP does not provide protection for users who interact outside of the OLYMPUS FITAPP platform.
4.6.5. All information and file exchanges must be performed exclusively on OLYMPUS FITAPP’s platform.
4.6.6.. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
4.6.7.OLYMPUS FITAPP is open to everyone. Discrimination against a community member
based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
4.6.8.Users may not submit proposals or solicit parties introduced through OLYMPUS FITAPP to contract, engage with, or pay outside of OLYMPUS FITAPP.
4.6.9.Trainers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Trainers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The package price shown is inclusive of all such taxes and charges that may apply to the Trainers.
4.7.1.All users agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
4.7.2.OLYMPUS FITAPP is not responsible of payments off the app. You may not offer direct payments to Sellers using payment systems outside of the OLYMPUS FITAPP Order system.
- Availability, Changes And Updates
5.1. We do not guarantee the availability of the App, Website, Olympus Fitapp Service and/or any Service Provider Services.
5.2. We reserve the right to withdraw the App, Website and/or Olympus Fitapp Service (in whole or in part) or amend any part of it (including but not limited to the Content, Service Provider Services and the Olympus Fitapp Service), for legal, regulatory or security reasons or due to a change in market conditions which affects our ability to provide the App, Website or the Olympus Fitapp Service or make available any Service Provider Service to you.
5.3. From time to time updates to the App may be issued through the relevant App Store. Depending on the update, you may not be able to use the App or the Olympus Fitapp Service until you have downloaded the latest version of the App and accepted any new terms.
5.4. Olympus Fitapp reserves the right, at its discretion, to change these Terms for legal, regulatory or security reasons or due to a change in market conditions which affects our ability to provide the App, Website or Olympus Fitapp Service or make available any Service Provider Service to you. When these Terms are changed, Olympus Fitapp will publish details of the new Terms on the App and the Website as updated from time to time and will ask you to agree to the new Terms before you can continue using the App. However, if we change these Terms to your detriment, you may end your agreement with us by stopping use of the App, Olympus Fitapp Service and Website and closing your Olympus Fitapp account.
- Rights Granted And Reserved
6.1. Except for any Submissions provided by you and except as otherwise provided in these Terms:
6.1.1. the App, the Website and all Content belongs to OLYMPUS FITAPP or its licensors. Your use of the App and the Website grants no rights to you in relation to the intellectual property rights in the App, Website or the Content (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties); and
6.1.2. you may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the App, Website or Content or the computer codes of elements comprising the App and Website other than for your personal, non-commercial use. Modification of the Content or other prohibited use of the Content is a violation of OLYMPUS FITAPP’s or its licensors’ copyright and other proprietary rights. All trademarks, service marks and trade names displayed on the App and Website are proprietary to Olympus Fitapp or its licensors.
6.1.3. You agree for the App, Website and OLYMPUS FITAPP Service to use any Submission provided by you for any purpose.
6.2. You acknowledge that you have no right to have access to the App in source-code form.
- Links To And From Other Websites
7.1. You may establish links to the Website provided:
7.1.1. you link only to the home page of the Website;
7.1.2. you do not remove or obscure advertisements, the copyright notice or other notices on the Website; and
7.1.3. you stop providing links to the Website immediately if we require you to.
7.2. The App and/or the Website may contain links to other websites provided by third parties (“Third Party Sites”), either directly or through frames. You acknowledge that:
7.2.1. these links are provided for your ease of reference and convenience only;
7.2.2. Olympus Fitapp does not control and is not responsible for the availability or content of Third Party Sites;
7.2.3. our inclusion of links does not imply any endorsement of the material contained in such Third Party Sites or any association with their operators;
7.2.4. we will not be a party to, or in any way responsible for, any transaction which you may enter into using any Third Party Sites; and
7.2.5. except where expressly set out in these Terms, we shall not be liable to you in respect of any loss or damage which you may suffer by using any Third Party Sites and you agree that you will not involve us in any dispute between you and any Third Party Site.
- Registration And Logins
8.1. In order to access the App, you will be required to register a Login with Olympus Fitapp.
8.2. To complete registration for an account, you must provide Olympus Fitapp with any mandatory information which is requested. For more information please see Olympus Fitapp’s Privacy and Cookies Policy.
8.3. You promise that all information provided by you to Olympus Fitapp or any Service Provider (whether on registration or a later date) shall be accurate and complete.
8.4.It is your responsibility to inform Olympus Fitapp of any changes to your information (including in particular to your email address) by using the “Edit My Profile” function available on the App.
8.5. You should treat your Login as confidential and you are responsible for maintaining the confidentiality of your Login and for all activities that are carried out under the Login. Each registration is for a single user only.
8.6. Olympus Fitapp does not permit any of the following, and you agree that you shall comply with such rules:
8.6.1. any other person sharing your Login;
8.6.2. access through a single Login being made available to multiple users on a network;
8.6.3. creation of multiple Logins by you; or
8.6.4. selection or use of a Login with the intent of impersonating another person.
8.7. We do not have the means to check the identities of people using the App. You are responsible for, and will be liable to Olympus Fitapp for all use of the App made by you or anyone else using your Login (including, without limitation, in connection with any Bookings made using your Login) and for preventing unauthorised use of your Login. You agree to contact us .Olympus Fitapp immediately if you believe or suspect that there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your Login or any payment inform ation). Olympus Fitapp will not be liable to you or any third party for unauthorised use of your Login unless this is due to our negligence.
- Bookings And Service Provider Services
9.1. The App provides you with information about, and the ability to book and pay for, various Service Provider Services.
9.2. Once registered as a User, you may view information regarding the Service Provider Services and make a Booking for Service Provider Services using the App.
9.3. You are responsible to organize and deliver the training sessions you agree on.
9.4. You are solely responsible for considering whether, and ensuring that, you are sufficiently fit and healthy to take advantage of the Service Provider Services you book using the App. You are also solely responsible for ensuring that any people that you invite to train with you are sufficiently fit and healthy to take advantage of the Service Provider Services you book using the Olympus Fitapp.
9.5. Sometimes your Booking will need to be cancelled. You agree that we have no responsibility for any cancellation of a Booking by a Service Provider.
9.6. While we make an effort to ensure that information displayed on the App about Service Providers and Service Provider Services is accurate, this information is provided by the relevant Service Provider and is and remains their responsibility. OLYMPUS FITAPP does not take responsibility for this material or its accuracy.
9.7. OLYMPUS FITAPP may also (but is not obliged to) carry out background checks in respect of Service Providers and/or take steps to verify that Service Providers have the licences, consents, qualifications and insurances that they are required to have under applicable laws, regulations and professional rules or that they are stated on the App as having.
9.11. You agree that each Booking is an agreement between you and the Service Provider. Olympus Fitapp is not a party to such agreement and provides no guarantee in relation to the Service Provider’s performance of any Booking. Accordingly, you acknowledge that the Service Provider (and not OLYMPUS FITAPP) is responsible for:
9.11.1. the performance and quality of the Service Provider Services (including any equipment or advice provided by the Service Provider during a Booking);
9.11.2. obtaining all licences, consents, qualifications and insurances that they are required to have under applicable laws, regulations and professional rules or that they are stated on the App as having; and
9.11.3. complying with all applicable laws, regulations and professional rules in connection with the Service Provider Services.
9.12. However, you have certain rights by law in respect of your receipt of Service Provider Services, including that the Service Provider will provide the Service Provider Services to a reasonable standard.
9.13. You agree:
9.13.1. that we may pass on certain information about you to the Service Provider in connection with each Booking you make, so that the Service Provider can provide the Service Provider Services. Please see our Privacy and Cookies Policy for further information on what we provide to Service Providers;
9.13.2. to pro-actively inform the Service Provider on or before commencement of the relevant Service Provider Services of any relevant health conditions (such as illnesses or injuries) that may affect the provision or your receipt of the Service Provider Services or that of any person who you invite to train with you. Whilst we may provide some of this information to the Service Provider if you have chosen to make it available to us (as stated in our Privacy and Cookies Policy), you agree that we are under no obligation to do so;
9.13.3. to provide relevant information relating to your health and fitness and the health and fitness of any person who you invite to train with you where such information is requested by the Service Provider before commencement of or during the provision of the Service Provider Services; and
9.13.4. that you are responsible for wearing suitable clothing, bringing water and keeping yourself suitably hydrated during each Booking and for ensuring that any person who you invite to train with you also does so.
9.14. You agree that you shall not (and shall not encourage any person who you invite to train with you to):
9.14.1. contact a Service Provider for any reason after a Booking has completed, except by making another Booking with that Service Provider using the App or with our prior written consent (which we may withhold at our sole discretion); or
19.4.2. Engage or attempt to engage any Service Provider to provide services (other than by making a Booking using the App).
- Prices And Payment
10.1. The Service Fee for any individual Service Provider Service is as stated on the App at the time you place your Booking, except in the case of obvious error. The Service Fee is inclusive of UK VAT
10.2. Service fees are taken at the time of purchase where a client buys can review and accept the total amount requested to pay. These fees cover administrative fees.If you are selling your packages-services, 20% of every package you complete is taken by OLYMPUS FITAPP.
10.3. If we terminate (locked) your account cause of violated our policy will NOT be able to join the Olympus Fitapp in the future.(Verbal,physical,written or other abuse(including threats of abuse or retribution of any Service costumers.
10.4.Olympus Fitapp accepts payment using the methods specified .here
10.5. You confirm that any card or payment account you use to make/recieve a payment is yours or that you have authorisation from the owner of the card or payment account to make such payment.
10.6. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. You agree that payment pre-authorisation checks may be carried out on our behalf in respect of an amount equal to the Service Fee when you make a payment. If the issuer of the card or provider of the payment service which you are using refuses to authorise payment we will not accept your payment (or if already accepted, we will give you notice that your payment is cancelled) and we will not be responsible for any delay or non-performance of the Service Provider Services.
10.7. We are not responsible for your card issuer, bank or payment service provider charging you as a result of our processing of payments from you in accordance with these Terms.
10.8. If you deactivate your account, payments will take place as usual for the 1st of the following month
- Cancellation Of Bookings And Refunds
11.1. You acknowledge that you do not have the right to cancel a Booking under statutory regulation. However, you are entitled to cancel Bookings in accordance with this Clause 11.
11.2. If you change your mind about your Booking prior to the Appointment Time then you may cancel your Booking without making payment of the Service Fee or any Cancellation Fee provided that you cancel the Booking via the App either:
(i) at least twelve (12) hours prior to the start time of your Booking; or
(ii) if you are making the Booking within such twelve (12) hours period, within five (5) minutes of you having confirmed on the App that you want to make the Booking (“Grace Period”).
11.3. If you use the App to cancel a Booking within twelve (12) hours of the start time of your Booking or, where relevant, after the Grace Period has elapsed, client will charge you 100% of the Service Fee (such amount being inclusive of VAT) (“Cancellation Fee”) as stated in Clause 10.6.
11.4. You will be charged the Service Fee, plus VAT, as stated in Clause 10.6 if you:
11.4.1. cancel a Booking other than as permitted under Clause 11.2; or
11.4.2. attempt to cancel a Booking on or after the Appointment Time; or
11.4.3. fail to attend a Booking at the Appointment Time and/or at the correct location.
11.5. We charge Cancellation Fees and Service Fees as stated in Clauses 11.3 and 11.4 to compensate the Service Provider, because the Service Provider is unlikely to be able to make another Booking where you cancel with short or no notice.
11.6. We may waive our rights under Clause 11.3 or 11.4 in our sole discretion where you have been unable to cancel a Booking without incurring the Cancellation Fee or Service Fee for genuine reasons which were outside of your control. Please if that is the case contact us.
- Ratings, Comments, Complaints, Feedback And Submissions
12.1. After the Appointment Time for a Booking, you may be invited to provide a rating and add comments in relation to your experience of the Service Provider Service. You may also provide feedback or raise any complaints in relation to a Service Provider or Service Provider Services by contacting us. We will attempt to resolve any complaints but do not guarantee that we will be able to do so. If possible, please raise any complaints within 24 hours of the Booking so that we can investigate the nature of your complaint in the best possible way.
12.2. You agree that:
12.2.1. we may share your ratings, comments and details of any complaint with the relevant Service Provider and publish, as further described in the Privacy and Cookies Policy; and
12.2.2. we may use your rating for a Service Provider to calculate and publish an average rating for that Service Provider.
12.3. The App and/or Website may also enable you to upload other material onto the App and/or Website, such as links, comments, photos and articles (such material, except where it is provided by a Service Provider, shall be referred to as “Submissions”. Any such material which is provided by a Service Provider is subject to the Service Provider Terms rather than these Terms).
12.4. By making any Submission via the App and/or Website, you grant us the right to use such Submission at our own discretion in any media including, without limitation, to edit, copy, reproduce, display, disclose, post and remove such Submissions from the App and/or Website.
12.5. Olympus Fitapp is under no obligation to display your Submissions on the App or Website and reserves the right to remove, edit or adapt your Submissions at any time and for any reason.
12.6. Where other Users post Submissions on the App, such material remains the responsibility of the User who posted them and Olympus Fitapp takes no responsibility for the accuracy or otherwise of such material.
- Competitions And Promotional Offers
From time to time we may offer you the chance to enter competitions or take up certain promotional offers. We will alert you to any additional terms which apply to such competitions or promotions at the relevant time.
14.1. You acknowledge that we have limited control over the nature and content of Submissions uploaded by you and other Users.
14.2. You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
14.3. If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the Courts.
14.4. We reserve the right to suspend, restrict or terminate your access to the App, Website and the Olympus Fitapp Service at any time without telling you if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
14.5. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.
14.6. Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau or Trading Standards Office.
14.7. If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such breach, up to a maximum of the greater of (i) the amount paid by you to us for Bookings you have made in the twelve (12) months prior to any such loss being incurred by you, and (ii) five hundred pounds sterling (£500). Losses are foreseeable where they could be contemplated by you and us at the time of entering into these Terms.
14.8. You agree that Olympus Fitapp will not be liable to you and/or any third party for or in connection with:
14.8.1. losses not caused by our breach of these Terms;
14.8.2. any consequential or incidental losses which are a side effect of the main loss or damage and are not reasonably foreseeable by you and us at the time of entering into these Terms, for example: loss of business, profits, opportunity, income or revenue;
14.8.3. failure to provide the Olympus Fitapp Service, Website or the App or to meet any of our obligations under these Terms where such failure is due to Events Beyond Our Control;
14.8.4. temporary or permanent suspension, removal or modification of the Olympus Fitapp Service, Website or the App; or
14.8.5. the performance or non-performance of the Service Provider Services by the Service Provider, or matters which are the responsibility of the Service Provider, including the standard and quality at which the Service Provider Services are performed, any equipment or advice provided by the Service Provider, the Service Provider’s compliance with applicable laws, regulations and professional rules, and the Service Provider’s responsibility for obtaining and maintaining licences, consents, insurances and qualifications.
15.1. We may terminate our agreement with you (as set out in these Terms) immediately by written notice to you for any reason at any time if you breach any term of these Terms.
15.2. You may terminate your agreement with us (as set out in these Terms Clause 10 and/or 11) immediately at any time by closing your account, uninstalling the App and ceasing to use the App and Website.
15.3. On termination for any reason:
(a) all rights granted to you under these Terms shall cease;
(b) if you have not already done so, we will close your Olympus Fitapp account and you must immediately cease all activities authorised by these Terms, including your use of the Olympus Fitapp Service, App and Website;
(c) if you have not already done so, you must immediately delete or remove the App from all Devices and immediately destroy all copies of the App then in your possession, custody or control and if requested, certify to us that you have done so; and
(d) any amounts due from you in respect of Bookings shall remain due and payable in accordance with Clauses 10 and/or 11 as applicable.If you terminate under Clause 15.2, you are responsible for cancelling any Bookings where the Appointment Time falls on or after the termination date, in accordance with Clause 11. If you fail to do so, you may be required to pay Service Fees, as stated in Clause 11.
- Notifying Each Other
If we need to notify you of any matter in relation to these Terms, we will do so by email to the email address which you gave when registering (or any updated address provided by you via the “Edit My Profile” function). If you need to notify us of any matter you should contact us.
- Transfer Of This Agreement
17.1. We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that:
17.1.1. this will not adversely affect the standard of the Olympus Fitapp Service you receive under these Terms; and
17.1.2. in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
17.2. These Terms are personal to you. Except as stated in Clause 17.1, you may not transfer any of your rights or obligations under these Terms to anyone else.
- 18. Law Applying To This Agreement
If you wish to take court proceedings against us you must do so within England. The laws of England and Wales will apply to any dispute between Olympus Fitapp and you in relation to these Terms, and between you and a Service Provider in relation to a Booking, the Service Provider and/or Service Provider Services.
19.1. These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms as set out above.
19.2. If any term is disallowed or found to be invalid by any court or regulator, the other provisions of these Terms shall continue to apply.
19.3. Headings in these Terms are for convenience only and will have no legal meaning or effect.
Accepting These Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.
Collection of Information
Information We Collect Automatically When You Use the Service
When you access or use our app, we automatically collect certain information about you. This information includes:
- Log Information:We log anonymised information about your use of the app, including the type of device you use, access times, filter choice and location information. We anonymise this information by hashing it and use the data purely for analytic and product improvement purposes. The information about your pictures is always associated anonymously to the device.
- Device Information:We collect anonymised information about the mobile device you use to access our app, including the hardware model, operating system and version, unique device identifiers and mobile network information. We use this anonymised information for analytic and product improvement purposes.
- Location Information:We collect anonymised information about the location of your device each time you access or use the app. For more details, please see “Your Choices” below.
Use of Information
We do not use any cookies or tracking technologies, apart from anonymised GPS tracking when using the app. We may use anonymised information about you for various purposes, including to:
- Provide, deliver, maintain, test and improve our Service;
- Send you technical notices, updates, confirmations, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our app and improve and personalize the Service;
- Detect, investigate and prevent any suspected breaches of our Terms of Service; and
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Connect you with other users in your contacts.
Storage of Information
We take reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, but we cannot guarantee that our system is infallible.
Olympus Fitapp is based in the UK, and the information we collect is governed by U.K. law. By accessing or using the Service or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.K. and other countries.
Sharing Of Information
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Olympus Fitapp or others;
- In connection with, or during negotiations of, any merger, sale of Olympus Fitapp App’s assets, financing or acquisition of all or a portion of our business to another company; and
- With your consent or at your direction, including if we notify you through the Service that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or anonymized information that does not directly identify you.
OLYMPUS FITAPP ltd is based in the U.K. and the information we collect is governed by U.K. law. By accessing or using the Service or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.K. and other countries.
We may allow third parties to provide analytics services to us in order to learn from our users and improve the Service we provide. These entities may collect information about your use of the Service, device information, location information, time spent in app, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content and better understand our user’s activity.
OLYMPUS FITAPP ltd takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Please do your part to ensure security. You are responsible for maintaining the secrecy of your account information, and for controlling access to your device. Your privacy settings may also be affected by changes the social media services you connect to Facebook make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your web browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our website.
Push Notifications and Alerts
With your consent, we may send push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
If you have given your email address via our website or other communications, you may receive promotional communications from Olympus Fitapp. To opt out, follow the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
When you first launch the App, you will be asked to consent to our use of location information. We require this location information in order for the Service to function as designed.
- If you consent to our collection of location information, you may subsequently stop the collection of this location information at any time by pausing location tracking from within the application’s settings menu, or by changing the location preferences on your mobile device. However, if you stop the collection of this location information, you will not receive the full benefit of the Service.
- If you consent to our collection of location information and you do not subsequently stop the collection of this location information, the Service will continue to collect this location information.
- If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, the Service will resume the collection of location information.
- You may also stop our collection of location information by following the standard uninstall process to remove the App from your device.
We are committed to handling your personal data in accordance with the provisions of the Data Protection Act 1998 (DPA) and are registered as Data Controller under the act.
The DPA has eight data protection principles which we follow to keep your data in a fair and lawful way.
Respect for Individuals and their Personal Data
Olympus Fitapp shall clearly stipulate the purposes for which personal data is to be used and shall employ appropriate methods to obtain and use personal data within the scope required to achieve these purposes in view of the nature and scale of the Company’s business operations. Olympus Fitapp shall not utilize an individual’s personal data beyond this scope without prior consent from the individual, and shall take measures to ensure that this principle is observed.
An individual’s personal data shall not be provided or otherwise disclosed to third parties except where consent has been obtained from the individual in question or when disclosure is legally mandated.
Olympus Fitapp shall promptly honour requests by individuals on the disclosure or amendment of their personal data, except when special procedures are stipulated by law.
Personal Data Protection Policy
Olympus Fitapp shall assign managers to oversee the protection and management of personal data and shall establish a Personal Data Protection Policy that clearly defines the roles and responsibilities of all Olympus Fitapp personnel in protecting personal data.
Safeguarding of Personal Data
Olympus Fitapp shall implement and oversee all preventive and remedial measures necessary to prevent leakage, loss or damage of personal data in its possession.
Should the processing of personal data be outsourced to a third party, Olympus Fitapp shall conclude an agreement with that third party requiring the protection of personal data and shall instruct and supervise the third party to ensure that the personal data is handled properly.
Compliance with Laws, Government Guidelines and other Regulations on Personal Data Protection
Olympus Fitapp shall comply with all laws, government guidelines and other regulations governing the protection of personal data.
Complaints and Inquiries
Olympus Fitapp will respond to any complaints and inquiries in relation to the handling of personal data in an appropriate and timely manner.
Ongoing Improvement of Personal Data Protection Policy
Olympus Fitapp shall continually review and improve its Personal Data Protection Policy in line with changes in its business operations as well as changes in the legal, social, and IT environments in which it conducts its business operations.