Fitr is a consumer marketplace for health and fitness coaches, brands and individuals.
Libertatum Applications Limited is a privately owned company registered in England & Wales, Company No: 09759426
You may only use Fitr.training under these Terms and Conditions and by signing up for a Fitr account; you are deemed to accept these terms and conditions as amended from time to time.
While every effort has been made to cover all elements of the Fitr service within these Terms and Conditions it is also expected that standard e-commerce practices must be followed and each individual/ company is expected to act in accordance with UK and/or EU law.
If you have any questions about this User Agreement, please contact Customer Support.
You may make enquiries about these Terms and Conditions by e-mailing us on firstname.lastname@example.org.
Unless the context requires otherwise, the following terms shall have the following meanings in these Terms & Conditions:
Clause, schedule and paragraph headings are for ease of reference only and do not affect the interpretation or construction of this Agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes its Schedules.
Words in the singular shall include the plural and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
A reference to writing or written does not include faxes or e-mail, unless specified herein.
Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them.
Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
References to Clauses, Sub-clauses and Schedules are to the Clauses and Schedules of this Agreement.
In using the Service you must at all times:
In using the Service you must not at any time:
All information and Content on the Site, excluding that created by Fitr Seller, remains the copyright and trademark (registered or unregistered) of Fitr. You may not copy, modify or distribute this content.
The information and/or content on the Site, excluding that created by Fitr sellers, is the property of Fitr and, unless offered as a Service, users and/or account holders are not permitted to distribute, download, store, spam or abuse any data obtained or gleaned from the Site.
Fitr may at any time without notice to you:
Fitr is not responsible for any loss any user or account holder may incur as a result of using the Service.
Fitr has the right to use any Content and/or information submitted to the Site for any purpose including but not limited to, publicity, marketing, service improvements, including use on 3rd party applications.
Fitr will only send out account information e-mails to users and/or account holders who have agreed to receive such e-mails.
Promotions, Updates, Changes, Advertising and Service updates, are not regarded as Spam.
No account holder may use data obtained or gleaned from the Site to send out e-mails that do not directly relate to the Service.
Any services on Fitr that allow users to communicate are offered in good faith with an understanding that any communications will be good natured and sent with good reason. We will not tolerate communication that has seemingly no reason and/or is an advertisement for a third party service/product.
Any communication or data transferred over the Site may be scanned, filtered and monitored. You are responsible for any communication or actions from your Fitr account.
Fitr will cooperate with any regulatory and/or law enforcement agency, from any country where necessary to provide or hand over information that is lawfully requested.
While we will make every effort to remove out of date information from the Site, we can accept no responsibility for any information on any page (including ‘content’ pages) that is not accurate or is out of date.
You agree (as a user or account holder) that you will not, in a group or by yourself, authorise, employ, lease, knowingly allow or solicit:
The Site allows users to share personal information with us and with other users.
Fitr will use its reasonable endeavours to keep your personal data private and secure.
Fitr accepts no liability for any form of obtrusive, illegal, unintended, hacked activity that ultimately leads to the release of personal data.
You may at times be shown the information of other users who Fitr believe share similar interests, have been involved in the same actions as yourself, or may have reason to be grouped together. While every effort is made to keep this sharing as targeted as possible, some users may abuse the system or Fitr may interpret inputted information incorrectly. For this reason Fitr can take no liability for how this information is shared correctly or incorrectly.
Fitr is unable to fully safeguard or control how other account holders may use your information and for this reason we encourage you to evaluate the information you provide to the Site and understand, before submitting, how your data will be used. In return we expect you to respect other users data and treat it how you would treat your own.
For the UK market, Fitr operates in Great British Pounds. Any charges from Fitr will be made visible on the Site before any payment is taken (this may not include agreed recurring payments). There are various services where a fee may apply and each service clearly lists how this fee is applied. You will be responsible for any additional taxes or any other charges that occur from using the Service.
Please see the appropriate section within these Terms & Conditions relating to payments and/or fee charges for your desired activity with Fitr.
The content that you distribute through Fitr is owned by you, and you give Fitr permission to display and distribute said content on Fitr.
By uploading your content to Fitr you promise that you own and/or have the right to use such content in this manner and that this does not infringe any third party intellectual property rights. In the event that Fitr receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and Fitr is entitled to ask you to compensate it for any loss suffered. Fitr reserves the right to remove any infringing (or potentially infringing) content immediately.
Fitr will not be held responsible for any inaccuracies in our search results or listed data. You will also remain responsible for any data submitted to Fitr and must ensure that you alter, amend or delete any information that is no longer relevant.
You agree not to post, upload or supply in any way any Content (or links to content) that:
In addition, and not replacing any other release from and/or limitation of liability under these Terms & Conditions, Fitr will not be liable for:
Any failure on Fitr’s behalf to act immediately or in reasonable time to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Regardless of the above list, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) Fees and Services you paid to us in the 12 months prior to the action, giving rise to the liability, and (b) £100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Nothing in these Terms & Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
While many services and results on Fitr are formed ‘organically’, we may at any time and at our discretion alter elements of the Site to benefit companies or individuals who have purchased preferential rights to gain additional/favoured exposure.
Fitr may place any form of advertisements at any place on the Site.
To the extent reasonably practicable, we may indicate on the Site which goods and services are advertisements for any promotion that falls outside the Service. You are free at any time to select or click on these advertisements at your free will.
Some services on Fitr have a high proportion of external links to third party websites over which we have no affiliation or control regarding their content.
Third party websites are linked to the Site to provide information and are intended to be for your convenience. While every effort has been made to guide content posters (account holders) as to the correct information to link to, we have no control over and do not accept any responsibility and/or liability for any content, data or other elements you may encounter on any third party websites.
Fitr may become integrated closely with various social networking websites (such as Facebook) and we similarly do not accept any responsibility and/or liability for any loss or damage that may arise from your use of any social networking website whether such use is through or in conjunction with the Site or not.
All users and/or account holders are deemed to accept and understand that access to any third party websites is entirely at their own risk.
We understand that due to the social nature of the Service your involvement with other users and/or account holders may extend beyond the Service and may extend outside the platform Fitr provides. For this reason you release Fitr from any claims, demands and damages of every kind associated with or arising out of or in connection with such extended use and/or involvement.
You hereby agree and undertake to compensate and/or indemnify Fitr for any misuse or abuse that breaches these Terms & Conditions or your use/misuse of the Site which results in any losses, damages, fines, compensation or costs (including reasonable legal fees).
Use of the Site does not at any time render you the partner, agent, joint venture, employee-employer, franchise-franchisee of Fitr.
Any legal notices can be validly served on Fitr only in original written form and sent by registered mail:
LEGAL NOTICE - The Chief Executive Officer
Libertatum Applications Limited (Trading as Fitr)
20 Angle Lane Shepreth
Any response may be made by return post if suitable details are given for us to process in this way.
Alternatively, we may serve you any notice by registered mail to the address you provided during the registration process or a card billing address registered in your name.
Notices sent to either party by Royal Mail registered/tracked mail shall be deemed to have been received by that party three days after the date of mailing OR after the tracking notification shows it has been received.
A person who is not a party to these Terms & Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 (“Act”) to enforce any term of them but this does not affect any right or remedy of a third party specified in them or which exists or is available apart from the Act.
These Terms & Conditions shall be construed in accordance with the laws of England and Wales including any dispute arising out of in connection with them.
Any dispute arising out of these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of England.
Valid E-mail Address: Every account registered on the Site must have a valid and genuine e-mail address and/or 3rd Party account that links to a valid e-mail address of your own. Any accounts that have been registered without a valid e-mail will be terminated without notice. It is usual practice for Fitr to require verification by way of e-mail for any new e-mail account and/or change of e-mail.
Closing Accounts: We have the right at all times to close an account at any time, with no notice and with no obligation to fulfil any account order or recover any financial loss on your behalf howsoever suffered.
Multiple logins: While we accept people may use multiple logins by way of division between personal/business and other uses on the Site, we reserve the right to take action across all your accounts if required.
While Fitr will make every effort to create a fair, peaceful community, we rely on our user and/or account holders to make us aware of misconduct or additional issues related to any of the Service from any users and/or account holders.
In order to achieve the safest environment for our Fitr Users we have created a set of Fitr Users “Resolution Guidelines” which will help resolve disputes with Sellers and other account holders:
You should adopt normal internet-advised security measures before buying online.
You should always keep in mind that despite efforts, Fitr may not be able to fully vet every Seller and you should therefore exercise due care when buying through the Site.
Your point of contact at all times regarding a Offer, before and after any sale is the Seller. The Seller will provide sufficient contact information to ask questions or seek further advice. Where possible make sure you receive any advice in writing.
Any request for a refund, exchange or dispute should first be placed through the Seller. If this is not resolved to your satisfaction it should then be placed via Fitr customer services who have the final say on the matter with regards to the Service we offer. If you are not happy with the results you always have the option to discuss the matter with your payment provider (e.g. credit card etc.).
We use Stripe for all our transaction processing as it is a highly recognised, reputable and reliable system. The payment provider may change at any time without notice. By agreeing to these terms, you also agree to the full Stripe terms and conditions. Full details on these terms can be accessed via Stripe's homepage.
Once you choose to purchase a Fitr offer and click pay, you will be taken through the payment process managed by Stripe, where you should follow the online instructions.
Authorise and Capture of payment may occur in different ways. By standard Authorise and Capture happens instantly on a purchase on the Fitr platform, however there are times when we may separate this process. When we authorise your payment we request clearance from your provider for the money to be made available to us. During this time of authorisation although no payment will be taken from your account the money may not be available for you to spend (the assigned amount) outside the Fitr environment. If we do not receive authorisation from you, or authorisation is rejected at any stage we have the unqualified right to cancel your participation in the relevant Offer and you will have no further participation from the point of cancel. Once authorisation is confirmed you have fully committed to your purchase and cannot reverse this action.
Capturing payment is the process when we take money from your account. Generally we will do this when the when you purchase the Offer. However we may capture payment at a later date if you are purchasing a service or product from Fitr that requires a delayed payment.
We understand that our Fitr Users are the key to our business; therefore security is of paramount importance and with Stripe’s strict controls we can be sure our high standards are enforced. Despite this, Fitr accepts no responsibility and/or liability for any problems, fees, security issues, losses, damages arising in connection with or out of any 3rd Party API, Service or application.
At all times your first point of contact is the Seller. The Seller will have the ability to offer and process refunds at its discretion, in accordance with the agreement you have signed up to by accepting the Seller’s terms & conditions. Whilst Fitr will endeavour to help with any situation, Fitr does not have any obligation in regards to the manner in which it decides to become involved with decisions between Fitr Users and Sellers.
At all times if there is an inconsistency between these Terms & Conditions and the Seller’s terms & conditions which affects the use of the Site or your activities on the Site, these Terms & Conditions are agree to take precedence and you agree that these Terms & Conditions shall prevail in relevant dispute between you and us.
Send you E-mails: Fitr will e-mail with regards to your Purchases on Fitr.
Lost/ Stolen Account Information: It is your duty at all times to make us aware if your account information is lost or stolen.
Accurate Information: At all times Fitr tries to make sure that all information on the Site is accurate. We also require all account holders only submit accurate information. We cannot be liable for any user submitted information on the Site, including purchases.
Content of Information: It is the aim of Fitr to make the Content suitable for a family audience at all times. For this reason you are refrained from posting any Content which may be classed as unsuitable according to this standard and as adjudged by us at our sole discretion.
We will aim to notify you by e-mail at all important instances throughout the Fitr process. Whilst we will do our best to make sure these notifications are regular and up to date we cannot be responsible for any impact they may have on your decision making process or usability of the Service. We are not responsible for how these e-mails are delivered.
The information stored in your Fitr account is deemed as private and we will offer security measures to the best of our ability in order to keep this information secure. We do not hold your payment information on file (See Payment).
We understand that the Service, despite our best intentions, may at times have issues such as bugs and/or other conditions that will ultimately hinder the Service from performing as intended. We also are aware that with 3rd parties utilising the Site many aspects of our Service are beyond our control and we can accept no responsibility and/or liability arising out of in connection with this.
For any complaints or problems please contact the customer service options available from the Site.
You are required to register with a valid e-mail address. You may be asked to verify your e-mail on sign up. If you are unable to verify your e-mail then you will not be able to use the Service. Please check all spam/junk filters if you do not receive an e-mail confirmation from us.
It should be understood at all times whilst using Service that the consequent contract for purchase is between the Fitr Users and the Seller. Fitr acts as facilitator of the sale only.
By signing up as a Seller you agree you have read, understood and agree to the Terms & Conditions associated with being a Fitr User.