TERMS AND CONDITIONS.
These terms and conditions are the contract between you and Intouch Fitness (‘we’, ‘our’ or ‘us’).
Our address is Ground Floor, The Custom House, The Strand, Barnstaple, Devon, England, EX31 1EU.
The following terms apply to you, so far as the context allows to you as a visitor to our Website. They prevail over any terms proposed by you.
Definitions
‘Content’
means the content that is encountered as part of your experience when visiting our Website. It may include, among other things: text, images, sounds, videos and animations.
‘Intellectual Property’
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today, together with all rights that are derived from those rights.
‘our Website’
means any website, webpage or service designed for electronic access that is owned or operated by us.
Interpretation
In this agreement unless the context otherwise requires:
A reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
A reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that person.
In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
The headings to the paragraphs in this agreement are inserted for convenience only and do not affect the interpretation.
Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
Basis of Contract
In entering into this contract you have not relied on any representation or information from any source except that given on our Website.
So far as the law allows, all implied conditions, warranties and terms are excluded from this agreement.
If you use our services, other terms and conditions relating to our provision of those may apply in addition to these.
We may change this agreement at any time. If we do then the change will take effect when we publish the new terms on our Website. From that time you agree to be bound by any changes. If you do not agree to be bound by them.
Intellectual Property
You agree that at all times that you will:
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not do anything that does or might reduce the value of our Intellectual Property or challenge our ownership of it;
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notify us of any suspected infringement of our Intellectual Property;
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without our express permission, not to:
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copy or replicate it for use by any other person in any way not intended by us;
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make any change to it or any part of it;
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publish or store it on any website or cloud storage service, or otherwise allow any other person access to it;
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use it in any way in which it is not intended to be used; and
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not to use it except directly in our interest.
Disclaimers and limitation of liability
Accuracy of the information on our website
We use our reasonable endeavours to confirm the accuracy of any information we place on this website. We make no warranties, whether express or implied in relation to its accuracy or completeness.
We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website. If you believe that information could be improved, please tell us.
Links to other websites
This website may contain links to other websites over which we have no control of the nature, the content and the availability.
You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
The inclusion of any links on this website does not necessarily imply a recommendation or endorse the views expressed on those to which we link.
Availability of our website
This website is provided ‘as is’ and ‘as available’ without any representation made. We make no warranty as its usefulness to you, its satisfactory quality, its fitness for any purpose, the availability of any function of the website, the compatibility with your devices or software, privacy of any transmission, or security of use.
We aim to maintain access to our website, but from time to time it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
You acknowledge that access to our website may also be interrupted for many reasons beyond our control.
Accordingly, we make no warranty that this website will meet your requirements or that your use of it will be uninterrupted, timely or error-free.
Nor do we make any warranty that we will correct defects and errors, nor that the website or the server on which it is hosted are free of viruses or bugs.
We will not be responsible or liable to you for any loss, foreseeable or not, arising from any interruption of the availability of our website.
Exclusion of liability for loss to you
We shall not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) for any loss or expense arising out of or in connection with your use of this website, which is a special, indirect or consequential loss, or an economic loss or other loss of turnover, profits, contracts, business or goodwill.
This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
No limitation for personal injury or death
No term of our agreement with you shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
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your failure to comply with the law of any country;
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your breach of this agreement;
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any act, neglect or default by any agent, employee, licensee or customer of yours;
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a contractual claim arising from your use of our Website;
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a breach of the intellectual property rights of any person;
You agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £100 per hour without further proof.
Miscellaneous matters
This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand, sent by a recorded delivery postal service or by email. It shall be deemed to have been delivered: on the day of delivery if delivered by hand, or within 72 hours of posting if delivered by recorded post, or when an email message confirming receipt is sent if sent by email.
In the event of a dispute, you agree to undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England.
If you have any questions about our terms and conditions please contact us.
PRIVACY NOTICE.
This is the privacy notice of Intouch Property Investing Limited, registered company number 13421079. (‘we’, ‘our’, or ‘us’).
You can write to us in relation to our privacy policy at Ground Floor, The Custom House, The Strand, Barnstaple, Devon, England, EX31 1EU.
Introduction
This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.
In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
Personal data we process
1. How we obtain personal data
The information we process about you includes information:
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you have directly provided to us
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as a result of monitoring how you use our website or our services
2. Types of personal data you provide directly to us
When you use our website or our services we may ask you to provide personal data to us. This can be categorised into the following groups:
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personal identifiers, such as your first and last names
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contact information, such as your email address, your telephone number and your postal address
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transaction information, which may include information about your payment method and/or the transactions you have made with us
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health information, which may include information about current and past medical conditions, medical treatments, injuries, and physical fitness and training
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your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.
3. Types of personal data we collect from your use of our services
By using our website we process:
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technical information about the hardware and the software you use to access our website including your Internet Protocol (IP) address, your browser type and version and your device’s operating system
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usage information, including the frequency you visit our website, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages
4. Our use of aggregated information
We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.
For example, we may aggregate usage information to assess whether a feature of our website is useful.
However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.
5. Special personal data
Special personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.
Because of the nature of our business, we may collect special personal data about you if there is a lawful basis on which to do so.
6. If you do not provide personal data we need
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.
The bases on which we process information about you
The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.
If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
7. Information we process because we have a contractual obligation with you
In order to carry out our obligations under a contract between us we must process the information you give us. Some of this information may be personal data.
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
8. Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website, you provide your consent to us to process information that may be personal data.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us. However, if you do so, you may not be able to use our website or our services further.
We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.
9. Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
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whether the same objective could be achieved through other means
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whether processing (or not processing) might cause you harm
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whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
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improving our services
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record-keeping for the proper and necessary administration of our business
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responding to unsolicited communication from you to which we believe you would expect a response
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exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property
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insuring against or obtaining professional advice that is required to manage business risk
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protecting your interests where we believe we have a duty to do so
10. Information we process because we have a legal obligation
Sometimes, we must process your personal data in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a court order.
This may include your personal data.
Use of information
11. Cookies
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.
They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.
They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.
Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.
Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.
The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.
We use cookies to track how you use our website and to record whether you have seen specific messages we display.
12. Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Other matters
13. Your rights
The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.
We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org
14. Use of our services by children
Some of our clients or prospective clients may be under the age of 18.
We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
15. Data may be processed outside the UK
Our websites are hosted in the United Kingdom.
We may also use outsourced services in countries outside the UK from time to time in other aspects of our business.
For example, we may use services provided by Google, whose servers may be located in the United States of America.
Accordingly data obtained within the UK could be processed outside the UK.
If data may be transferred outside the UK, we ensure that the organisation that processes the data applies safeguards to the processing, and in particular, that the contracts between us and them require them to do so to the same standards as UK law requires.
16. Control over your own information
It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.
At any time, you may contact us to request that we provide you with the personal data we hold about you.
When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before taking any action. This is important to safeguard your information.
Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.
17. Communicating with us
When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
18. Complaining
If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.
When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.
If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
19. Retention period
Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:
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to provide you with the services you have requested
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to comply with other law, including for the period demanded by our tax authorities
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to support a claim or defence in court
20. Compliance with the law
Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic Communications Regulations (‘PECR’).
21. Review of this privacy policy
We shall update this privacy notice from time to time as necessary.