Terms & Conditions
Acceptance of termsThese terms and conditions govern all supply of goods and services ("products") by Frankofit LTD ("Frank Carroll Professional Trainer", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.frankcarrollprofessionaltrainer.com ("the website"). They are effective from 02/09/21 and will replace all earlier Frankofit LTD terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
If you do not agree to these Terms of Use, please do not register as a member, use the Website, or purchase any of our Products.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Frankofit Limited (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
We strongly recommend that you seek that you seek professional medical advice before embarking on any diet or exercise program.
Introduction
1.This Website provides an online personal training service through which you can purchase fitness e-books, online video courses and tailored fitness and diet programs.
2.These terms will apply to all users ("you") of the Website and all purchasers of Products.
3.By using the Website, or by purchasing any Products from us, you agree to be bound by these Terms of Use.
4.Please note that these Terms of Use may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Website. In continuing to use the Website you confirm that you accept the then current Terms of Use in full at the time you use the Website. If you do not accept the amended Terms of Use then you must cancel your registration or subscription and the previous terms will continue to apply pending termination.
2.Our Products
1.We will offer through the Website the following products (the "Products")
1.e-books;
2.videos;
3.training guides;
4.online coaching;
5.meal plans;
6.individually tailored personal plans (each a "Personal Plan").
3.Fees
1.You can view and access the Website free of charge.
2.The fees payable in respect of the products and services will be clearly displayed on the Website.
Registration
1.When you register as a member we will ask that you provide certain personal information including but not limited to your name, email address, postal address, and, your payment details. Any personal information you provide to us with will be handled in a professional matter andkept private, and not shared without consent.
2.On registration you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting frankofit@icloud.com
3.If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account by means of the use of your password or otherwise we may require you to change your password or we may suspend your account. Until we are satisfied that your account is secure, you may not be able to access the Website.
You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you
Licence
1.On your purchase of the relevant Product, we will grant to you, for your own personal use only, a limited, non-exclusive, non-transferable license to access our Website and (as the case may be):
1.access video on a streaming only basis;
2.access and download e-books;
3.access and download personalised fitness plans;
2.You are not permitted to share any of the content licensed under these terms with any other individuals.
3.Except for the foregoing limited license, no right, title or interest shall be transferred to you.
Viruses, hacking and other offences
1.You agree not to upload any files or post, distribute publish any files on the Website that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
2.You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
3.By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your membership and right to use the Website will cease immediately.
4.We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property
1.By providing any content for distribution by the us (such as before and after photographs) you expressly grant us a worldwide, royalty-free, perpetual, irrevocable license to use, copy, store, perform, display and distribute such content.
2.The format and content of the Website is protected by New Zealand and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Website.
3.This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.Availability
1.Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the Website will be fault-free. If a fault occurs with the Website you should report it to frankofit@icloud.com and we will attempt to correct the fault as soon as we reasonably can.
2.Your access to the Website may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Website for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the service as soon as we reasonably can. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary we in your online shopping basket.
We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Payment options
We accept the following credit cards:Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.
Credit Card Security
All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.Click here to for PayPal's terms.
https://cms.paypal.com/nz/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US
Returns
1.You have a statutory right to change your mind (without giving a reason) within 14 days of purchasing a Product and receive a refund. This will not apply if you have already started downloading the relevant product.
2.If you want to end your contract with us, please let us know by doing one of the following:
1.Email us at frankofit@icloud.com Please provide your name, home address, details of the order and, where available, your phone number and email address. telling us of the reason you wish to cancel.
"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."
Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
1.Nothing in the agreement excludes our liability arising as a result of our negligence for:
1.Death or personal injury;
2.Fraud or fraudulent misrepresentation.
2.Subject to clause 10.1, our total aggregate liability arising in connection with our performance of this agreement shall be limited to the greater of (i) $250 or (ii) three times the price paid for the Products during the 12 months preceding the date on which the claim arose.
3.Frankofit LTD (nor any of its employees, agents or representatives), is engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.
4.We strongly recommend that you seek professional medical advice before embarking on any diet or exercise program.
5.Any exercise program, even in healthy individuals, carries risk. You have a responsibility to exercise you own personal judgment, as well as any other considerations, before acting on any of the content provided by us.
6.Where we provide you with a Personal Plan, the information contained therein should not be regarded as or relied upon as being a comprehensive health or exercise program. Accordingly any actions that you take in relation to a personal plan should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.
7.Any Personal Plan will have been prepared on the basis of information provided by you. You are responsible for the accuracy of any information that you provide to us. You are responsible for informing us of any health issues or medical conditions when asking us to prepare a Personal Plan.
8.Before taking any action in relation to a Personal Plan, you must take into account any other factors apart from the Personal Plan of which you are or ought to be aware.
For example, we always recommend that you seek professional medical advice before embarking on any exercise program. Your decisions to engage in any exercise program should take into account any medical or other professional advice that it available to you as well as using your own personal judgment as to what activity is safe for you to engage in.
9.The information set out in any Personal Plan may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context.
For example, where a program was tailored for a woman who was not pregnant, this would not be appropriate for her to use after becoming pregnant.
1.You are responsible for informing us of any health issues and pre-existing medical conditions when you ask us to prepare a Personal Plan.
2.Any information that we provide that does not form part of a Personal Plan, whether obtained through our website, e-book, video course, social media (such as Facebook, Instagram or Twitter) or otherwise, is provided for the purposes of general information only.
2.Expected Results
1.While we believe that for most people, following our programs and methods will lead to desired results, all exercise programs depend on the individual. Result will be affected by the effort and commitment of the individual, however in some circumstances even where an individual follows our program, they may not achieve the desired results. We therefore provide no warranties of any kind, express or implied, as to:
1.the effectiveness any techniques, diets or programs that we deliver; or
2.the results that you may achieve as a result of following our programs.
2.All testimonials contain shown on our website or in our content are real people who have followed the plans provided by us. For the avoidance of any doubt, however, they are not indicative of the results that you are likely to achieve, rather they are included as examples of the results that particular individuals have achieved.
Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Privacy policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.frankcarrollprofessionaltrainer.comIf we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.
1.If you breach these Terms of Use and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
2.We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.
3.We may make changes to the format of the Website at any time without notice.
4.We require that our clients be over the age of 18 or have express written permission of their parents before we can begin a coaching arrangement. Please do not purchase our products if you are under 18 without first getting written permission from your parent or guardian.