Effective Date: 9th May 2017
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE VYTA APP
1. About us
Vyta is a mobile application (the App) operated by us, Vyta Lifestyle Limited, a company registered in England and Wales under company number 09986378 with its registered office at Grenville Court, Britwell Road, Burnham, Bucks, United Kingdom, SL1 8DF (Vyta Lifestyle, we, us, our).
The App provides an online platform that connects freelance personal trainers (Service Providers) to our clients who are seeking to obtain such personal or group training services (the Services). Section 5 (Service Provider listings and criteria) contains a list of the Service Providers whom you can book an appointment with via the App.
2. Acceptance of our Terms and changes to them
You should print a copy of these Terms for future reference.
Vyta Lifestyle reserves the right to change the Terms at any time (including the price of the Services). These Terms are subject to change at any time. We will display the effective date of the Terms at the top of this page. Every time you wish to book appointments for Services, please check these Terms which will apply at that time. Any change to the Terms will be effective to all new purchases of Services once included in the text of these Terms and published on this page. Your acceptance of these Terms is given when you purchase Services from the relevant Service Provider(s). If you do not accept any changes to the terms, you are free to terminate these Terms as under section 16 (Termination).
We do not guarantee that the App or its contents will always be available or be uninterrupted, or that they will be free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access and use the App, and you should use your own virus protection software.
3. Account registration
To use this App, you must register to create an account (Account). You may register directly via the App by completing the fields presented to you when the App first loads on your device. We will create your Account based upon the information that you provide to us. More detail about our collection of your personal information is set out at section 12.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are also responsible for safeguarding your password and you agree that you will not disclose your password to any third party. You will immediately notify Vyta Lifestyle of any unauthorised use of your Account.
4. The appointment process and contract with the Service Provider
Your appointment for Services is with your Service Provider. Our App facilitates the listing of Service Providers and your booking of Services with them. The profile of the Service Provider and Services are included in listings on the App by the Service Provider. We make available our online platform to facilitate that meeting online for clients and Service Providers who can then arrange bookings of Services directly with each other.
5. Service Provider listings and criteria
You can book an appointment via the App with any of the Service Providers listed on the App, depending on their availability and location. Details of Service Providers, locations and prices are available when you order Services.
Vyta Lifestyle requires that Service Providers take out and maintain full and comprehensive insurance policies in respect of the Services, at a level of cover and on terms which are acceptable to Vyta Lifestyle.
Vyta Lifestyle also requires that, as a minimum, each Service Provider holds the Register of Exercise Professionals (REPS) Level 3 Certificate in Personal Training and a valid first aid certificate.
For more information on any Service Provider listed on the App, please email firstname.lastname@example.org.
6. No endorsement of Service Providers
Vyta Lifestyle requires only that Service Providers comply with these Terms in their delivery of Services to you, in particular their obligations set out in section 10.
Vyta Lifestyle does not endorse any Service Provider or any of their Services. Service Providers are required to provide accurate information to Vyta Lifestyle, and although Vyta Lifestyle may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Vyta Lifestyle, to the extent permitted by law, we do not make any representations about, confirm, or endorse any Service Provider or the Service Provider’s identity or background.
Any references in the App or Services to a Service Provider being “verified” or “connected” (or similar language) only indicate that the Service Provider has completed Vyta Lifestyle’s verification process and, to the extent permitted by law, does not represent anything else. Any such description is not an endorsement, certification or guarantee by Vyta Lifestyle of any Service Provider, including of their identity and whether they are trustworthy, safe or suitable for you. Any such listing description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the App. We therefore recommend that you always exercise due diligence and care when deciding whether to use a Service Provider or any particular Service or to make an appointment or to have any other interaction with any Service Provider.
7. Appointments and payments
In this section:
Fees means the amounts that are due and payable by a client in exchange for that client’s use of Services.
One-off appointment: Where you are making a one-off appointment for Services, the Fees payable will be displayed to you before you send your appointment request to the Service Provider. Subject to the Service Provider’s availability, the Service Provider will confirm your appointment request. Once the Service Provider has confirmed the appointment, the client will receive a notification via the App with the details of such booking. If the Service Provider declines your appointment request or fails to confirm your appointment request, you will be notified via the App and where available, alternative Service Providers will be suggested to you.
You agree to pay Vyta Lifestyle for the Fees for any appointment requested in connection with your Account if such requested appointments are confirmed. The day after the date of your appointment (unless we receive notification from you or your Service Provider that the appointment did not place), Vyta Lifestyle will collect all payable Fees using the preferred payment method designated in your Account or the billing information provided
The Service Providers, not Vyta Lifestyle, are solely responsible for honouring any confirmed appointments and making available any Services validly booked through the App in accordance with these Terms. If you choose to book an appointment with a Service Provider, you agree that such appointment will be governed by these Terms. If you agree to accept any additional terms, conditions, rules and restrictions associated with such Services imposed by the Service Provider, Vyta Lifestyle is not party to such agreement and disclaims all liability arising from or related to any such agreements.
You agree that, notwithstanding that your Service Provider is responsible for providing the Services, Vyta Lifestyle acts as the Service Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Service Provider. Upon your payment of the Fees, your payment obligation to the Service Provider for the Fees is extinguished, and Vyta Lifestyle is responsible for remitting the Fees (less applicable taxes) to the Service Provider. In the event that Vyta Lifestyle does not remit any such amounts as described in these Terms, the Service Provider will have recourse only against Vyta Lifestyle.
On the creation of your Account, you will be asked to provide customary billing information such as name, billing address and billing method information either to Vyta Lifestyle or its third-party payment processor(s). You agree to pay Vyta Lifestyle for any confirmed appointments and/or the Subscription Fee made in connection with your Account in accordance with these Terms by one of the methods described on the App e.g. by Stripe, PayM, credit card or debit card. If applicable, you understand and agree that Vyta Lifestyle, on behalf of the Service Provider, may obtain a pre-authorisation via your method of payment for the Fees.
9. Cancellation of appointments and refunds
If you cancel your requested appointment before the requested appointment is confirmed, we will cancel any pre-authorisation for your method of payment and/or refund any nominal amounts charged to your method of payment in connection with the requested appointment within a commercially reasonable time.
If a Service Provider cancels a confirmed appointment made via the App:
Vyta Lifestyle will not collect any Fees from you for that appointment;
if you have paid a Subscription Fee, you will not be viewed as having attended that appointment and will have the same number of appointments remaining in your Bundle during that month as before you arranged that appointment; and
you will receive a notification via the App from Vyta Lifestyle informing you that your appointment has been cancelled and containing alternative listings and other related information.
10. Your Service Provider’s obligations
Your Service Provider will:
confirm appointments requested by you in accordance with section 7 promptly;
attend each appointment in accordance with the information about your appointment displayed on the App following your appointment request;
conduct a basic health check on each client before commencing any Services;
design a safe plan of exercise for each client, taking into account each client’s personal goals and fitness levels;
provide tailored coaching, supervision, advice and support during your appointment;
provide any equipment required to carry out the Services; and
dress and behave appropriately.
11. Your obligations
You acknowledge and agree that:
you are solely responsible for considering whether, and ensuring that, you are sufficiently fit and healthy to attend appointments for Services made via the App;
you should refrain making appointments for Services if you have any health concerns or need to obtain medical advice;
you are responsible for informing your Service Provider before commencement of any Services of any relevant health conditions (including illnesses and injuries);
you are responsible for informing your Service Provider of any changes to your physical and medical condition as soon as reasonably practicable;
you are responsible for informing your Service Provider of any relevant physical difficulties you experience during your appointment or otherwise;
nothing contained within the Services (including advice from your Service Provider or otherwise) constitutes medical advice and you should not rely on anything contained within the Services as a substitute for appropriate and timely contact with your doctor;
your answers to any questions asked by the Service Provider on the subject of your health and fitness or otherwise are true and accurate to the best of your knowledge;
participation in an exercise program can cause injury and you elect to participate in such exercise program entirely at your own risk;
you are responsible for attending your appointment on time and your Service Provider may not be able to provide the agreed duration of Services if you are late to an appointment.
12. Personal information and our use of your content
When we receive information from you or content which is otherwise generated in connection with your use of the App and/or Services, you grant to us a royalty-free, perpetual, non-exclusive, worldwide, fully and freely transferable and sub-licensable, irrevocable right and licence to use such information and content. On any termination of these Terms, the licence granted pursuant to this section 12 shall continue in perpetuity.
13. Use restrictions
While you comply with these Terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and/or use the App (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these Terms. You agree not to use the App for anything else.
You must not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for e.g., by hacking into or inserting malicious code, viruses or harmful data, into the App or any operating system).
You must not infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material.
You must not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
You must not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App or our systems.
You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.
If you violate these Terms, your permission to use the App automatically terminates and you must immediately destroy any copies you have made of App contents.
14. No reliance on information and advice
The material on the App is provided for general information only. Any comments made by a Service Provider in connection with the Services are provided as guidance only. Such information and comments are not intended to amount to advice on which you should rely.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App or on the basis of your Service Provider’s advice.
Although Vyta Lifestyle makes reasonable efforts to update the information on the App, Vyta Lifestyle make no representations, warranties or guarantees, whether express or implied, that the information and/or contents of the App are accurate, complete or up-to-date.
Although your Service Provider makes reasonable efforts to provide high-quality coaching, supervision, advice and support, your Service Provider makes no representations, warranties or guarantees, whether express or implied, that any information and/or advice delivered in connection with the Services are accurate or guaranteed to deliver any particular result.
15. Limitations of liability
Nothing in these Terms excludes liability for death and personal injury arising from our negligence or that of our employees and agents, or for any breach of the implied terms of sections 49 and 50 of the Consumer Rights Act 2015. We do not seek to exclude our liability for fraud or fraudulent misrepresentation by us or our employees or agents, or any other matter for which our liability cannot be limited or excluded under applicable law.
If we breach these Terms we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Except as otherwise permitted by law, our total liability to you in respect of all losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services purchased.
We are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control.
The use of the App and/or its contents is at your own risk. The contents of the App could include technical inaccuracies or typographical errors.
You should understand that Vyta Lifestyle is not the provider of the Services or the employer of Service Providers. Unless explicitly specified otherwise on the App or in these Terms, Vyta Lifestyle’s responsibilities are limited to:
facilitating availability of the App and Services; and
serving as the limited payment collection agent for each Service Provider of payments from clients for Services on behalf of each Service Provider.
EXCEPT AS PROVIDED IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH SERVICE PROVIDERS. BY USING THE APP OR SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF SERVICE PROVIDERS OR ANY THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR SERVICE PROVIDER OR THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM VYTA LIFESTYLE WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
VYTA LIFESTYLE TAKES REASONABLE STEPS TO VALIDATE SERVICE PROVIDERS AND LISTING INFORMATION FOR SERVICE PROVIDERS AND THEIR SERVICES BUT VYTA LIFESTYLE IS NOT RESPONSIBLE FOR AND DOES NOT CONTROL THE INFORMATION CONTAINED IN THE LISTING OF THE SERVICE PROVIDER. VYTA LIFESTYLE DOES NOT WARRANT THE SUITABILITY OF THE SERVICE PROVIDER FOR YOUR NEEDS. VYTA LIFESTYLE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY (TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW) RELATED TO OR ARISING FROM ANY LISTING OF OR ANY SERVICE PROVIDER. ACCORDINGLY, ALL BOOKINGS FOR APPOINTMENTS FOR SERVICES ARE MADE AT (AND SERVICES ARE PROVIDED AT) THE CLIENT’S OWN RISK.
Nothing in these Terms exclude liability for death and personal injury arising from your Service Provider’s negligence, or for any breach of the implied terms of sections 49 and 50 of the Consumer Rights Act 2015. Your Service Provider does not seek to exclude his or her liability for fraud or fraudulent misrepresentation by him or her, or any other matter for which his or her liability cannot be limited or excluded under applicable law. Under the law, you may in particular have the right to require repeat performance of the Services or, failing that, a price reduction if the Services do not conform to the contract.
If your Service Provider breaches these Terms, he or she shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Except as otherwise permitted by law, your Service Provider’s total liability to you in respect of all losses arising under or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Services that you have purchased from that Trainer in the relevant transaction.
Your Service Provider is also not responsible for failure to meet any of his or her obligations under the Terms where such failure is due to events beyond his or her reasonable control.
Your participation in the Services and/or reliance on the advice of your Service Provider is at your own risk. Where the advice of your Service Provider and medical advice conflicts, you should always follow medical advice.
In particular, your Service Provider will not be held liable in any way for any damage or harm attributable to:
your errors or omissions (including in following the advice of your Service Provider both during and outside of your appointment);
your undeclared or unknown medical conditions; or
your failure to follow medical advice.
Nothing in these Terms is intended to affect or limit your rights under the law. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
We can terminate these Terms or stop providing any of the Services at any time and for any reason. We may also change, suspend, terminate or discontinue any aspect of the App or the Services including availability of certain features at any time and for any reason. Where possible, we will endeavour to give you notice before doing so.
You can terminate these Terms insofar as they are applicable to you for any reason by giving us immediate notice. In addition, either party may terminate these terms immediately if the other is breaching any of its responsibilities under these terms (including the Use restrictions under section 12).
On any termination of these Terms, your right to use the App and the Services will cease and we may terminate your access to and use of the App and Services and invalidate all or any relevant access details.
Termination for whatever reason of these Terms, will not affect: (a) any rights, liabilities or obligations which accrued before such termination or (b) any of these Terms that are intended to continue to have effect after such termination.
Vyta Lifestyle makes no claims that the App and/or its contents are appropriate or may be downloaded and/or used outside of the United Kingdom. Access to and use of the App and/or its contents may not be legal by certain persons or in certain countries.
If you access, use and/or download the App and/or its contents from outside the United Kingdom, you do so at your own risk and are responsible for compliance with your local laws.
18. Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. We and you irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation.
If any provision of these Terms is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
20. Waiver and variation
A waiver of any right or remedy under these Terms or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party under these Terms to exercise any right or remedy will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy.
Except as set out in these Terms, no variation of these Terms, including the introduction of any additional terms and conditions shall be effective unless it is in writing and agreed by us.
21. Third party rights and dealings
A person who is not a party to these Terms will not have any rights to enforce its terms.
We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms but you may not do so without our prior written consent.
22. Entire agreement
23. Contact Us
To contact us for any reason, including because you have any complaints, email@example.com