Terms and conditions of use
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PT OnDemand terms and conditions
Privacy
- Your personal and workout details will be stored on a secure database. Your details may be accessed by PT on Demand staff or third-party contractors during system maintenance and marketing campaigns.
- Your details will not be sold or released to a third party, however, in the event that PT on Demand undergoes reorganisation or is sold to a third party, you agree that any personal information PT on Demand holds about you may be transferred to that reorganised entity or third party and used in accordance with this privacy policy.
- PT On Demand does not intend to or currently store customers financial details (credit or debit card numbers)
Communications
- You authorise PT on Demand to contact you automatically and manually via email, SMS, telephone and in writing.
- You agree and consent to PT on Demand communications from PT on Demand employees.
- You authorise PT on Demand to send surveys, marketing material, news and events to your specified email account and to your specified address.
Payment for service
- You may pay for the Service in advance by using the Payment Service, credit card, debit card, or by any other method of payment approved by us. We shall debit your bank account with the applicable Charge.
- If, for some reason payment using your chosen method fails, you must pay your bill by any other method we accept by the due date specified, communicated to you by us using the Website.
- We may charge you an Administrative Charge for any overdue amount payable.
- We reserve the right at our sole and absolute discretion to either suspend or terminate the provision of the Service if you breach your obligation to pay the Charges. Notwithstanding the other provisions in this Agreement, we shall not be liable to you for any loss or damages you suffer as a consequence of such suspension or termination. This clause 3.4 does not prejudice any other remedy available to us in this Agreement.
Ordering products and services
- You may be able to order certain PT on Demand products and services through this Site. All orders you make through this Site are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this Site. All prices are inclusive of UK VAT (tax).
- PT on Demand work with PROACTIVE HEALTH LIMITED when fulfilling orders of exercise equipment and goods. This is on a drop ship arrangement and, subsequently, PT on Demand will adhere strictly to the terms and conditions outlined by PROACTIVE HEALTH LIMITED. This includes delivery policy, cancellation policy, returns and refunds policy. A copy of these terms and conditions can be found here. Refunds will be made payable by PT on Demand Limited.
- Orders are only accepted by PT on Demand subject to these Conditions of Purchase and Terms of Trading. Variations of these conditions will not be accepted by us without an agreement in writing prior to the order being placed. PT on Demand reserves the right to refuse any order.
- When you place your order you will receive an automatic email confirmation of the details of your order for you to check and hold for your records. This confirmation does not represent acceptance of your order. You will be contacted should we not be able to process and fulfill your order for any reason. Your order is only accepted at the point of despatch when an invoice/receipt will be produced and sent to you.
- Larger orders outside the UK which cannot be sent overland by standard postal service will be treated as export orders. Prices quoted will be ex works Oxon., England. Packing, FOB, CIF and administration charges will be made at cost. All payments will be required prior to delivery.
Delivery
- All goods ordered are offered strictly subject to availability. Although PT on Demand seeks to dispatch all items within five working days, if by chance goods ordered are not in stock customers are requested to allow 28 days for delivery. Customers will be kept informed of an expected delivery day in the event of a longer delay. Where a request has been made for delivery on a specific date, PT on Demand will do all in its power to honour this date. However the company will not entertain any claim whatsoever for compensation arising from failure to deliver on this day.
Damaged items
- Claims and Shortages. Notification of damage or shortage must be made to PT on Demand within 24 hours of receipt of goods, this must be confirmed in writing within 3 working days of receipt of goods. Notification concerning non-delivery of all or part of a consignment must be made to PT on Demand within 24 hours from the invoice date, otherwise no claim can be entertained. Customers are advised that in the case of a query concerning delivered goods contact should be made with PT on Demand who will advise on procedure. On no account should customers attempt to return goods without following the correct procedures outlined at the time by the company.
- When signing for a delivery-the customer is accepting that the correct number of parcels have arrived and the goods have not been damaged in transit. It is not sufficient to sign the delivery UNCHECKED if parcels are damaged. They should either be refused or signed for as DAMAGED. If the number of parcels delivered does not match the number on the consignment note, this must be stated SHORT DELIVERY.
- PT on Demand cannot accept any responsibility for goods damaged in transit if the goods have not been signed for, as a result of either a request at the time of ordering, or at the time of delivery, for the goods to be left without signature. All goods are covered by the manufacturers specific warranties and subject to the use and maintenance terms therein. In addition PT on Demand shall replace or repair any item(s) purchased through the company where it sees fit.
- At no time will PT on Demand be liable for any costs in excess of the original purchase price of the goods.
- All equipment is covered by the manufacturers warranties which in some cases is for 3 months but in most for 6 months or a year. PT on Demand undertakes to replace, repair or exchange any items which are returned under the terms of the manufacturers warranty. In all other cases acceptance of returned goods is entirely at the discretion of the Company. All postage costs must be borne by the customer where damaged goods falls outside the manufacturers warranty or goods are returned undamaged. PT on Demand takes full responsibility for goods which are delivered in a damaged or faulty condition provided such damage is reported in writing to us within 14 days of delivery.If you need to return and item, please contact our customer services department who will explain the procedure for sending goods back to us. Items deemed to be damaged or faulty within the guarantee period will be repaired or exchanged by Pro Active Health Ltd, or refunded (where applicable) by PT On Demand Ltd.
- If you have ordered in error and wish to return the item for a refund, you will be liable for the cost to send it back to us and a re-stocking fee of 10 - 25% of the items value. Please confirm re-stocking charge before returning the goods. Refunds (less cost of delivery) will only be issued on receipt of the goods in their original, unopened packaging and a re-saleable condition. Products that can easily be copied including DVD's, CD's, Book, Charts and software can only be exchanged for an exact replacement if damaged or faulty. No refunds are available on these items. This does not affect your statutory rights.
- Please address any complaints in writing to the customer service contact postal address at the bottom of these terms and conditions. Alternatively, please email any correspondence regarding complaints to info@ptondemand.com. A PT On Demand representative will respond within 72 hours in most circumstances.
Registration
- If you elect to create an account in order to become a member of PT on Demand and access and use certain features offered through this Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete.
- If we have reasonable grounds to suspect that your account information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and this Site by e-mail or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate account information, including, but not limited to, your failure to receive critical information about this Site.
- You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify PT on Demand immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by PT on Demand or any other user of or visitor to this Site due to someone else using your user name, password or account.
- In order to use certain features of this Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of this Site or any portion thereof. Any equipment or software causing interference shall be immediately disconnected and disabled, and we shall have the right to immediately terminate your right to use and access this Site. If any upgrade in or to this Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Sites, including the release of new products and services, shall be subject to the Terms of Use of this Agreement.
- If you are not entirely happy, due to technical error or otherwise, with the service provided then PT on Demand will offer a full refund within 7 days of registration and purchase.
Liability
- PT on Demand is a fitness entertainment product and is not suitable for rehabilitation, use with injury or any medical conditions. The information available on or through www.ptondemand.com, and the services (information and services provided by PT on Demand) and any feedback on any health questionnaires, do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. In any event, before commencing any exercise regime, you should consult your doctor and get medical clearance.
- It is vital that you supply us with correct information about yourself. Some of the services on PT on Demand are based on that information and we cannot be liable for any incorrect information supplied by you to us. In order to continue to provide you with a high quality of service it is important that you regularly update the health information you give to us. If you do not do this, the programmes which we recommend to you may become unsuitable for you.
- While we make "best efforts" to provide accurate information, we do not certify nor guarantee the accuracy or quality of our audio or video coaching or any written material. We do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on or from this website.
- We are not allowed to exclude or limit liability for death or personal injury caused by our negligence, for fraud, that we will use reasonable care and skill in providing the Services, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected. Subject to that, our liability to you in each year is limited to the amount of charges payable by you to us in that year.
Health disclaimer
- This Site provides information relating to diet plans, weight loss, fitness plans, and exercise equipment, and is intended only to assist users in their personal diet and fitness efforts. PT on Demand is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Site should be construed as such advice or diagnosis. The information provided by us should not be interpreted as a substitute for physical consultation, evaluation, or treatment. You are urged and advised to seek the advice of a doctor before beginning any diet or fitness routine, particularly if you are pregnant or have pre-existing health conditions.
Intellectual property and other proprietary rights
- We and/or our licensors own all patents, design rights, know-how, copyrights, trade marks, the right to use software, performer's reproduction rights, performer's distribution rights, performer's rental rights and performer's lending rights and all other similar proprietary rights (whether registered or unregistered) worldwide ("Intellectual Property Rights") relating to the Service
Suspension and termination of service
- PT on Demand may suspend the operation of the site for repair or maintenance work or to upgrade the site from time to time. Access to or use of the site may not be uninterrupted or error free.
- PT on Demand may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
Use of PT on Demand
- You may use the site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the site for any commercial purpose including for selling any goods or services.
- Single user licence. The video workouts, and all other materials are licensed for your personal usage, on as many devices as you like. However you are not authorised to redistribute, send, transfer or share PT on Demand files or any other material.
- PT on Demand video Workouts may not be shared on P2P networks, Bittorent websites or other public or private file sharing networks.
General
- PT on Demand may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the site or sending you an email. You agree that PT on Demand may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
- These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
- If you have any enquiries or complaints (about the Service or someone else's use of the site) then please address them to: info@ptondemand.com
Customer service postal address
32 Swan Mill Gardens Pixham Lane Dorking Surrey RH4 1PN
