Our Terms and Conditions
Rev 5.2 2021-04-30
This text only applies to the online purchase of our services. For terms and conditions relating to the purchase of goods, see Purchase and delivery terms and conditions.
You must accept the Terms and Conditions below to be able to use our services. You accept them by completing your purchase of membership and continuing to use our service.
You must be at least 18 years of age to take out a membership. Your membership begins to apply when you have clicked Pay Now and completed your payment in full.
What we deliver – our Service
The service we deliver may include advice relating to nutrition and/or exercise.
The exercise programmes are adjusted and/or changed on an ongoing basis during the period of your membership based on your progress according to your trainer’s assessment. The nutrition plan may be changed, if necessary, e.g. if you become pregnant or start to breastfeed, but otherwise the nutrition plan is the same throughout your membership since you can vary the content yourself in line with your own preferences.
If your chosen service includes personal feedback and you have recorded your exercise, your measurements and/or your nutrition, you will receive this once a week via the website or the mobile app’s messaging system. Access to other services is provided in line with each membership’s content description.
All trainers are certified personal trainers, and our nutrition advisers are university-educated nutritionists or dietitians. You normally keep your coaches throughout the period of your membership, even if you extend your membership.
If your service includes personal feedback from trainers and/or dietitians, you are also entitled to ask your trainer and/or dietitian questions during your period of membership via the membership system on the website or mobile app.
Our staff do not work on Saturdays and Sundays, public holidays and Midsummer’s Eve, Christmas Eve and New Year’s Eve, so you cannot expect to receive feedback or responses to questions on those days. Feedback may come in advance or be delayed.
Support and customer service are also closed on those days.
We use third-party solutions as communications channels for our group memberships, such as Facebook or Zoom.
If you are ill, injured or pregnant and therefore cannot use your membership, you can freeze it. Freezing your membership means that the membership is suspended without the paid membership period being used up. You have no access to any part of the membership functions during the time your membership is frozen.
Freezing membership without a doctor’s certificate is possible for a maximum of 14 days per twelve-month period. This means that at least 12 months must have gone by since you last froze your membership before you can freeze it again. If you need to freeze your membership for a longer period of time, a doctor’s certificate should be attached to your request to freeze. When the frozen membership period ends, the membership starts up again automatically.
If you are pregnant, you do not need a doctor’s certificate. The frozen membership period continues until the expected date you are to give birth plus a maximum of eight (8) weeks.
If we are unable to deliver as planned
If your trainer or nutrition adviser is sick or has to be absent for any other reason for more than a week and is unable to provide the service(s) we promised, you will be compensated in the form of an extension to your membership corresponding to the length of time your trainer/nutrition adviser is absent. If the absence is going to be for longer than a week, for example due to holidays, we will provide someone to fill in. The person filling in will always be one of our regular employees and will therefore have adequate competence to carry out the task.
Our website is normally accessible 24/7, but outages may occur when the system is being updated or due to technical problems; outages lasting less than 24 hours do not entitle members to compensation whereas longer outages will be compensated by the extension of the membership period by the corresponding length of time.
If there is an outage or degradation of the service, you will not receive any financial compensation in addition to the fee paid for the current or next membership period, or you will be offered an extension of your membership period by the length of time of the outage.
By accepting these terms, you declare that you agree with the following:
- Using our services means you take personal responsibility for being physically and mentally suited to doing so; we make a firm recommendation that you take medical advice if you have the slightest doubt about this.
- Before starting any exercise or diet program, you should consult your GP or healthcare professional to determine that this is right for you. If you experience faintness, dizziness, shortness of breath or pain while exercising, stop immediately and seek medical advice.
- We do not offer medical or professional advice which you should rely on. Our nutrition and exercise programmes are designed to the best of our ability, but we cannot be held responsible for the eventuality that you are injured or do not tolerate the food we suggest. If doing an exercise hurt or does not feel right, you must stop doing it right away and immediately inform your trainer.
- Exercise carries certain risk of injury, and you are undertaking all use of our Services at your own risk. Our Services are provided for general information and entertainment purposes only.
We own the legal copyright to all the material, programmes, text, site layout and images you have access to on our website. Copying material and posting it on social media or sharing it in any other way with others is a breach of that copyright. This applies even if the person you share material with is also or has been a customer of ours.
Your personal data
Trainimal AB, Corp. ID no. 556078-0073 is responsible for processing your personal data.
We take your privacy seriously and have taken appropriate steps to protect your personal data. All staff have signed a commitment to respect confidentiality. Personal data is encrypted both when it is stored and when there is communication between you and the website/mobile app. Data is stored in the cloud with Google Inc, who are our data processors, which means that the data must be processed according to our instructions. You are responsible for ensuring that your username and password are only accessible to you and cannot be used by any unauthorised person.
In order to deliver our services, we have to collect and store information about you such as your email address, address, etc. In addition, we have to store images, your measurements and your weight, your exercise goals, any allergies and medication together with other information about you, which we need to be able to optimise your nutrition and exercise programmes. We will also store any correspondence we have with one another.
We are not going to sell your personal data.
If your membership contains a contract period, this means that you have committed yourself to retain and pay for your membership for the period of time agreed, usually 90, 180 or 360 days. The contract period is the consideration you provide for a lower membership price. Our acceptance of your order will take place when we take payment details from you and make the Service available to you, at which point a subscription contract will come into existence between you and us.
If you have chosen monthly payments for your membership, you must ensure that each time your payments are to be made, your debit card, credit card or the bank account you asked to be used for the agreed monthly payments is able to cover the payments.
If they are not able to cover the payments, or if the payment is unsuccessful for any other reason, you can remedy this within two working days without your membership being terminated. If the payment is outstanding for more than two working days, we are entitled to terminate your subscription in accordance with these Terms.
If you chose to pay for your membership on a monthly basis, we will be debiting you for the first month when you take out your membership and for any additional amount such as an entrance fee or upgrade of an ongoing subscription. The purchase of goods when you take out your membership will also be debited directly.
Automatic extension of membership
Your membership ends automatically after the period for which you have paid unless you actively renew it or opt to use automatic renewal where this is available. If you have automatic renewal, the card company or bank will automatically take payment for the renewal period from your card or bank account at the same intervals as your renewal period after your first payment. For example, if you chose automatic monthly extension, the fee for a new period will be debited 30 days after your first payment. You can cancel your automatic renewal arrangement whenever you like by unchecking the box that says, “I want my membership of MammaFitness to continue automatically after my current period” on your profile page. If the automatic renewal is cancelled at least one (1) banking day before the payment date, the payment will not be debited, and your membership will terminate when the period you have paid for ends. If you cancel less than one (1) banking day before then, we will proceed to debit the amount and your membership will be extended for another period of time.
Right to cancel – early termination
If you change your mind about your purchase or wish to terminate early, the following applies:
You have a right to cancel the Service within 14 days of the date after first accepting these Terms or within 14 days after you subscribe to the Service – whichever is the later date. To exercise your right, you must send us a clear message with your decision to withdraw from the agreement e.g. by notifying us by sending an e-mail to firstname.lastname@example.org; or by completing the model cancellation form. To comply with the cancellation period, it is sufficient for you to send your cancellation notification before the end of the cancellation period. If you decide to cancel your subscription within the first 14 days, subject to the clause below, we will reimburse you for any payments we have received from you using the same method of payment that you used to purchase your subscription within 14 days.
If when you place your order you choose a start date that means the Services are to be carried out during the cooling-off period, i.e. within 14 days, we have the right to debit one amount in proportion to what you received before you informed us that you intended to terminate the agreement as opposed to the whole contractual amount. This withdrawal amount is normally equivalent to 75% of one monthly fee.
If you inform us of your intention to cancel your agreement at least two working days before your intended start date, you are entitled to a refund of the whole fee. After that point in time, the delivery of our service begins since nutrition and exercise plans are created in advance before you start so we will be debiting you a fair proportion in relation to the work we have already put in.
Our rights to end your subscription
We may end your subscription at any time by writing to you if:
(a) you are in serious breach of any of these Terms and you do not or cannot correct the breach within 21 (twenty-one) days of being told by us in writing that you are in breach; or if you behave in an unacceptable way towards our staff or other customers, unlawfully disseminate our copyright-protected material, register false information in our system, manipulate images or your data.
(b) you do not make any payment to us when it is due and you still do not make payment within 30 (thirty) days of us reminding you that payment is due;
In the event of the subscription ending, we will refund any remaining fee in respect of any fees paid for Services not received.
We may also choose to terminate or refuse membership for other reasons, such as if it is our assessment that our service is not suitable for you. In such cases, we will refund the whole of the fee you have paid. We may write to you to let you know that we are going to stop providing the Service as a subscription service. We will let you know at least 90 (ninety) days in advance of our stopping the supply of the service.
Your rights to terminate because of something we have done or are going to do
If you are ending your subscription for a reason set out below the contract will end immediately and we will refund you in full for any service you have paid for but not received. The reasons are:
(a) we have told you about an upcoming change to the Services or these Terms which you do not agree to;
(b) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 (seven) days; or
(c) you have a legal right to end the contract because we are in breach of these Terms.
You are always entitled to complain about a service that is defective. We are under a legal duty to supply products that are in conformity with this contract:
a) You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
b) If you have not agreed a price beforehand, what you are asked to pay must be reasonable.
c) If you have not agreed a time beforehand, it must be carried out within a reasonable time.
Nothing in these terms will affect your 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
We are responsible to you for the loss or damage you suffer that is a foreseeable result of us breaching these Terms, except for where it is excluded by this paragraph or otherwise in these Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or known by both you and us at the time you entered into these Terms that it might happen.
We are not legally allowed to exclude or limit our liability 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, or where the is not fit for purpose, of satisfactory quality or not as described. If you use the website for any commercial or business purpose, we will not be liable to you for:
- loss of profit or anticipated savings;
- loss of business or business opportunity;
- loss of goodwill; or
- any special, indirect or consequential damage or loss.
Other Important Terms
These Terms are governed by English law.
Any dispute between you and us in connection with the Service, and/or these Terms, may be brought in the courts of England and Wales.
If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts. If a court decides that we cannot rely on a part of these Terms, the rest of the Terms will continue to apply, as each of the provisions of these Terms operate separately.