1. Definitions and Interpretation
1.1 The following definitions apply in these Terms:
“Link”: means an electronic link provided to access, view, stream or download a Product;
“Order”: means an order placed by you through our Website to purchase a Product;e require from you when you register as a Vendor, including your identity, experience, training qualifications, personal references and insurance cover.
“Product”: means a nutrition or training plan or any other product available for purchase whether as a Link or otherwise as displayed on our Website from time to time;
“Trainer”: means a personal trainer or other individual who has registered with our Website to sell Products ;
“Transaction”: means the process of completing your Order and payment for a Product;
“Website”: means the Training Nation website through which the Products are sold.
1.2 In these terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
1.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.4 When we use the words “writing” or “written” in these terms, this includes emails.
2. What these terms cover and why you should read them
2.1 This document sets out the terms and conditions on which we (“we or us”) provide Products to you (“you or your”) through our Website.
2.2 Please read these terms carefully before you use our Website. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.3 You must be a consumer (not a business) over 18 years of age and a UK resident to purchase Products from our Website.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
3.Information about us and how to contact us
3.1 This document sets out the terms and conditions on which we (“we or us”) provide Products to you (“you or your”) through our Website.
3.2 Please read these terms carefully before you use our Website. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
3.3 You must be a consumer (not a business) over 18 years of age and a UK resident to purchase Products from our Website.
3. Information about us and how to contact us
3.1 We are Training Nation Ltd, a company incorporated in England and Wales under registration number 10238879. Our registered office is C/O RPG, The Copper Room, Deva Centre, Trinity Way, Manchester, England M3 7BG. Our VAT number is 291 5623 90.
3.2 Our Website enables you to buy Products from us that have been created and or developed by Trainers; we facilitate the purchase of Products through our Website. We do not create or review the Products or their content. You can contact us by writing to us at firstname.lastname@example.org.
3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address or telephone number you provided to us in your Order.
4. Our contract with you
4.1 How we will accept your Order.
Our acceptance of your Order will take place when you have completed a Transaction, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your Order or complete your Transaction.
We have the right to refuse to fulfil your Order or process your Transaction at any time for any reason. If we are unable to accept your Order or cannot complete your Transaction, we will inform you of this and will not charge you for the Product. This might be because the Product is no longer available, has been removed or because of unexpected interruptions in our Website services or because we have identified an error in the price or description of the Product.
4.3 We only sell to the UK.
Our Website is solely for the promotion of Products in the UK. Unfortunately, we do not facilitate Transactions outside of the UK.
5. The Products
5.1 The images of the Products on our Website are for illustrative purposes only. Your Product may vary slightly from those images or content displayed on our Website.
5.2 It is your responsibility to determine whether a Product is right for you from any descriptions provided. We do not warrant that the content of a Product is appropriate for use by you.
5.3 All Products are developed and created by Trainers with no input or inclusion from us. The display of Products on our Website does not mean that we have vetted, tested or reviewed them.
6. Changes to the Products
Due to the nature of the Products supplied through our Website, we are unable to make any changes to the Products offered at your request. Our rights to make changes are as follows:
6.1 Minor changes to the Products.
We may change the Product prior to completion of a Transaction: to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the purpose or use for which the Product has been intended.
6.2 Updates to Products.
We may update Products, provided that the digital content shall always match the description of it that we provided to you before you completed a Transaction.
7. Providing the Products
7.1 When we will provide the Products.
Products will be provided to you in accordance with the following:
If the Product is a one-off purchase of digital content, we will make the digital content available for viewing, downloading, streaming (as appropriate) and access by you via a Link upon completion of a Transaction;
If the Products are ongoing services or a subscription to receive Products,we will supply the digital content to you until the subscription expires (if applicable).
7.2 We are not responsible for delays outside our control.
If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
7.3 Your obligations concerning delivery of the Product
You are responsible for ensuring that the Link is utilised correctly and that you have the appropriate technological (or otherwise necessary) resources in place to access the Link to the Product and then to view, download or stream the Product as required. We are not responsible for any Links or Products that cannot be accessed, viewed, streamed or downloaded due to an error or inadequacy in your resources.
7.4 When you own Products.
You own a Product once a Transaction has taken place and the Product has been provided to you and accessed, viewed, downloaded or streamed via a Link.
7.5 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the Products to you, for example, a valid email address. We will contact you to ask for this information if it has not been supplied prior to a Transaction or if there are any inaccuracies in the information provided by you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information we may terminate our contract with you. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.6 Reasons we may suspend the supply of Products to you.
We may have to suspend the supply of a Product to: deal with technical problems or make minor technical changes; update the Product to reflect changes in relevant laws and regulatory requirements; make changes to the Product in line with good industry practice; or for any other reason which we determine in our sole discretion is necessary.
7.7 We may also suspend supply of the Products if you do not pay.
If you do not pay us for the Products when you are supposed to (see clause 12.4) we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products.
8. Your rights to end the contract
8.1 Ways you can end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Product replaced or to get some or all of your money back);
If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
If you have just changed your mind about the Product, (please note this right applies in limited circumstances only), see clause 8.3. You may be able to get a refund if you are within the cooling-off period;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which have not been provided. The reasons are:
we have told you about an upcoming change to the Product or these terms which you do not agree to;
we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
there is a risk that supply of the Products may be significantly delayed because of events outside our control;
we have been unable to supply the Products for technical reasons due to an error by us, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
You may change your mind provided that you have not accessed the Link to the Product or accessed, downloaded, streamed or viewed the Link or Product.
8.4 When you don’t have the right to change your mind (*Please read carefully).
Unless one of the provisions in clause 8.2 applies you do not have a right to change your mind in respect of Products after you have started to view, access, use, download or stream the Link to the Products or the Products themselves.
8.5 How long do I have to change my mind?
You have 14 days from the date of a Transaction, or, if earlier, until you start accessing, viewing, downloading, using or streaming the Product. If we delivered the Product to you immediately, and you agreed to this when ordering, you will not have a right to change your mind unless clause 8.2 applies.
8.6 Ending the contract where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the Link to a Product or Product itself is delivered, viewed, accessed, used, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:
Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the form https://www.trainingnationuk.com/contact-us/ on our Website.
9.3 How we will refund you.
We will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price, as described below.
9.4 Deductions from refunds if you are exercising your right to change your mind .
If you are exercising your right to change your mind we may reduce your refund of the price in accordance with clause 8.6.
9.5 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then we will refund you within 14 days from the day on which we receive notice that you are exercising that right.
10. Our rights to end the contract
10.1 We may end the contract if you break it.
We may end the contract for a Product at any time by writing to you if:
you do not make any payment to us when it is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, a valid email address; or
we have reason to suspect that you are not complying with or are unable to comply with these terms.
10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If there is a problem with the Product
11.1 How to tell us about problems.
If you have any questions or complaints about a Product or your Order, please contact us. You can write to us at [firstname.lastname@example.org]. We aim to answer or deal with all questions and complaints in a reasonable timeframe.
You can also use the function on our Website to ‘flag’ Products to us, please see our Website for further details.
Summary of your legal rights.
We are under a legal duty to supply Products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, for example books or DVDs, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your Product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
(a) If your digital content is faulty, you’re entitled to a repair or a replacement.
(b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
(c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 8.3.
If your Product is services, for example tickets to a training event, the Consumer Rights Act 2015 says:
(a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
(b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
(c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12. Price and payment
12.1 Where to find the price for the Product.
The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see clause 12.3 for what happens if we discover an error in the price of the Product you Order.
12.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your Order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your Order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you, we may also request that you do not access, use, download, stream, view or forward the Link to a Product or the Product itself.
12.4 When you must pay and how you must pay.
You must pay for your Products at the time of purchase through our payment pages on our Website. Please follow the instructions on our Website to make payment for your chosen Products.
12.5 What to do if you think an Order is wrong.
If you think an Order is wrong please contact us promptly to let us know.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective Products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place minimum system requirements such as anti-virus software.
13.4 We are not liable for business losses.
We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information.
We will use the personal information you provide to us:
to supply the Products to you;
to process your payment for the Products; and
if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.3 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.4 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
15.5 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.