These Terms and Conditions apply to the entire contents' of the website generationfitness.com
If you sign up to use our services please note the legal entity you are entering into a contract with is: Jamlink Ltd (JLK) a private limited company incorporated in England and Wales with registered company number 08819121 whose registered office is at St David's, 22 Tywarnhayle Road, Perranporth, England, TR6 0DX, United Kingdom. These terms and conditions are binding documents which govern your use of our services and our provision of the service to you. You are advised to read these terms and conditions carefully. This will help ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
Definitions and Interpretations
The following words shall have the followings meaning in these Terms & Conditions: "Agreement" shall mean these Terms and Conditions; "Subscription" refers to a paid fixed rate giving unlimited access to our paid Services, as required, for a limited period that can be 1 month, 3 months and 6 months, which automatically renews after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made; "Service(s)" refers to the entirety of the Services available to you via any of our sites our Users, whether paid or unpaid; "Paid Services" refers to all Services accessible, at rates quoted, by this site to Users with a valid subscription. "User(s)" refers to any or all valid registered users of our Service, whether they access Services or Paid Services.
“Personal Trainer(s)” or “PT(s)” refers to any User who is using our service to promote their services as a fitness coach.
“Client(s)” refers to any User who is using our service to look for a Personal Trainer with the purpose of engage their services.
"User Content" refers to the information contained in the User's profile, created by the User and displayed on any of our site(s) from time to time. The terms 'us', 'we', 'our' refers to all brands owned and operated by Jamlink Ltd for the purposes of this Agreement.
To become a User of any of our sites you must be at least Eighteen (18) years old. You must complete all of the required fields on the registration form(s). You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement;
Free & Paid Services
All Users can access our basic service free of charge. This includes, but is not limited to allow for:
The Paid Services allows for PTs to receive messages from Clients interested in using their service. Without upgrading to the Paid Service, PTs will be notified that a Client has sent them a communication but will not be able to access the details of the communication.
Once the subscription has been activated, any messages previous sent by Clients to the PT will become accessible.
The use of the Paid Services in no way guarantees that a PT will receive any messages or leads from Clients. With exception of the initial 14 day right to cancel, no refunds can be offered if no messages or leads are generated as a result of having a subscription to the Paid Services
The use of the Paid Services assumes that the User has a subscription. Users can acquire a subscription either by using a credit card (on the Internet), or by other payment methods proposed by this site (such as PayPal). The prices and the terms of payment for the different Paid Services are displayed at all times on this site, including at the point when the user chooses to make a purchase. The activation of a subscription on a user's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction). The User can contact the site at any time to cancel their subscription. The cancellation will take effect from the expiry date given for subscription, in accordance with the 'Termination' section, below. All subscriptions will be automatically renewed. Unless, the User notifies us of their wish to terminate their subscription at least 48 hours before the subscription's expiration date. The renewal shall be performed in accordance with the manner of payment originally chosen by the User, at the price rate of the subscription to which the User originally subscribed. For the avoidance of all doubt Users can avoid having their subscription auto-renewed if they contact us 48 hours before their subscription expiration date to terminate their subscription.
Please note that suspending your account does not automatically cancel the automatic renewal of your subscription. If you plan to keep your account suspended for an extended period of time and you have an active subscription, you should first make sure that automatic renewal is cancelled.
Use of the Services
Password(s) and any other information used to identify a User are strictly private and confidential and must not be passed on or shared with any third parties. To access the Services you will need a computer, laptop and or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) one of these devices including the cost of using these devices. We may deactivate accounts of Users who have not used the Services for six months or more and for whom no current subscription remains valid. In the case of paying Users, this six month period begins on the date that the last subscription expired.
It is important that you understand that we cannot advise on the most suitable trainer for you; the responsibility still remains on you to decide who is right for you; we just provide the options.
We do not have a contractual obligation nor moral or ethically responsibility or the technical means to:
Your interactions with individuals found on or through the website, including payment and delivery of services, and any other terms, conditions or representations associated with such dealings, are solely between you and such organisations and/or individuals.
You agree that Jamlink Ltd shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Jamlink Ltd is under no obligation to become involved.
In the event that you have a dispute with one or more other Users, you hereby release Jamlink Ltd, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
This includes, but is not limited to:
As a User you are advised not to assume that any User Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you book service or meet people offline. We cannot be liable for false or misleading statements by Users. As a User you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your User's account, whether these be fraudulent or not. When arranging an appointment with another user, either a PT or Client, you must take appropriate safety precautions and follow the safety guidelines in our Your First Session advice section. Any such meetings are at your own risk and are not our responsibility. You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt; we shall not be liable if your identity is used by someone else. If you feel or suspect that there has been a breach (of any kind) of your account and or the information displayed on your profile then you must immediately notify us. Furthermore; you should also amend your password.
As a User you agree not to: in connection with the Services breach any applicable law, regulation or code of conduct; make comments, broadcast or publish in any form whatsoever User content or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is any way shape or form racist or xenophobic; in general; not to make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites' current rules and laws in force or acceptable norms and standards; upload photographs, videos and any other information in terms of data or files supplied by a User that are indecent. Photographs, videos and other information in terms of data or files supplied must refer exclusively to the User or to a third party from whom the User has expressly obtained consent and are the sole responsibility of the User concerned; provide email addresses to us of other persons or publish or send any User Content referring to other persons without having obtained their prior consent; reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last, postal / email address, website or telephone number; you agree not to use the Services for junk mail, spam and pyramid or similar or fraudulent schemes.
It is your responsibility to decide which information to publish or send as User Content. Jamlink Ltd cannot be held liable for any misuse thereof by any other user or third party. The information supplied by a User must be accurate and conform to the reality. The consequences of disclosing information are the sole responsibility of the User concerned. Consequently, he/she waives all recourse against Jamlink Ltd notably on the basis of any possible damage to the User's right to his/her image, the User's honour and reputation, or the User's privacy, resulting from the dissemination or revelation of information concerning the User under the conditions foreseen by this agreement since the User has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of this Agreement. We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, or any other User Content for any reason we deem fit. We are not liable for User Content or other activities of Users which may breach the rights of other Users or third parties. Users are urged to notify us of inappropriate User Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention. We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other User Content for any reason we deem fit. We reserve the right to irretrievably delete messages and other User Content after any period of time if we exercise any right of termination under this agreement.
A User may at any time and without the need to provide any reason end his/her registration with us by requesting the closure of his/her account in the area of the website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the User's subscription. Termination of a subscription, by a User, shall be effective on the applicable subscription's expiration date provided; the User has contacted us at least 48 hours before their subscription expiration date in order to terminate the subscription otherwise it will automatically renew.
Your right to cancel under The Consumer Contracts Regulations 2013
Personal privacy and protection of User data
The trademarks, logos, graphics, photographs, animations, videos and texts featured on the this website and in the our provision of the Services are the intellectual property Jamlink Ltd and may not be reproduced, used or represented without the express permission of Jamlink Ltd or its partners, under threat of legal action. The rights of use granted by ourselves to the User are strictly limited to accessing, downloading, printing and reproduction on all media to use of these documents for private and personal purposes in the scope of and for the duration for of the User's usership. Any other use by the User is prohibited without the express authorisation of Jamlink Ltd. In particular, the User is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever the Services, from all of our website pages or software codes for elements comprising the any element of Services and website.
Liabilities and Warranties
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including that which may not be excluded or limited pursuant to the Data Protection Act 1998). You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter. We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with this Agreement. Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the 12 months before the event(s) complained of or the sum of £1,000 whichever is higher. Subject to the foregoing, in no event (including our own negligence) will we be liable for any: economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); loss of goodwill or reputation; special, indirect or consequential losses; or and damage to or loss of data (even if we have been advised of the possibility of such losses).
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
Functioning of the website and Services
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform its Users prior to maintenance work or updates.
Third party websites
We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
We may modify these Terms and Conditions at any time. The User will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect one month after their posting on the website. For Users registered after any modifications have been put online, these modifications shall be immediately applicable, as the User will have expressly accepted them when the account was opened.
Jurisdiction and Applicable Law
This contract shall be governed by English law and any disputes will be decided only by the English courts. For any questions you wish to ask, you may contact us by completing the contact form.
Generation Fitness uses Stripe Connect to allow us to take payments on behalf of others (Personal Trainers). Stripe provides the technical, fraud prevention, and banking infrastructure required to operate on-line payment systems.
In order for registered users to take bookings and payments through Generation Fitness they first need to read and accept the Stripe Connected Account Agreement.
You are given the option to do this when you are setting up your Calendar.
This is the privacy notice of the website generationfitness.co.uk. In this document, "we", "our", or "us" refer to Jamlink Ltd (JLK) a private limited company incorporated in England and Wales with registered company number 08819121.
Our registered office is at St David's, 22 Tywarnhayle Road, Perranporth, England, TR6 0DX, United Kingdom.
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information 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.
When you create an account on our website or buy a service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
1.1. verify your identity for security purposes
1.2. provide you with our services
1.3. provide you with suggestions and advice on products, services and how to obtain the most from using our website
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.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
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.
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including job opportunities and services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
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 email@example.com However, if you do so, you may not be able to use our website or our services further.
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:
For example, we may process your data on this basis for the purposes of:
We are subject to the law like everyone else. Sometimes, we must process your information 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 search warrant or court order.
This may include your personal information.
Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
5.1. creating a Personal Trainer profile and opting to make it public
5.2. creating a client Profile and opting to share it with Personal Trainers
5.3. posting a review
5.4. posting a message our forum
5.5. tagging an image
5.6. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.
We do not specifically use this information except to allow it to be displayed or shared.
We do store it, and we reserve a right to use it in the future in any way we decide.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at firstname.lastname@example.org
Our website is a publishing medium. Anyone may register and then publish information about himself, herself or some other person.
We do not moderate or control what is posted.
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.
Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.
At the point of payment, you are transferred to a secure page on the website of Stripe (a reputable payment service provider). That page may be branded to look like a page on our website, but it is not controlled by us.
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six yearsbefore destroying or deleting it.
When you contact us, whether by telephone, through our website or by e-mail, 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 JAMLINK Ltd.
We 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.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact 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 as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
This is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.
The information is not used for any other purpose.
We undertake to preserve the confidentiality of the information and of the terms of our relationship.
We expect any affiliate or partner to agree to reciprocate this policy.
Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
12.1. to track how you use our website
12.2. to record whether you have seen specific messages we display on our website
12.3. to keep you signed in our site
12.4. to record your answers to surveys and questionnaires on our site while you complete them
12.5. to record the conversation thread during a live chat with our support team
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.
Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.
Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.
No such information is personally identifiable to you.
Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.
We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.
To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
Our websites are hosted in the United Kingdom.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.
Accordingly data obtained within the UK or any other country could be processed outside the European Union.
For example, some of the software our website uses may have been developed in the United States of America or in Australia.
We use the following safeguards with respect to data transferred outside the European Union:
18.1. the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
18.2. the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, specifically that in the United Kingdom
18.3. we comply with a code of conduct approved by a supervisory authority in the European Union, specifically that in the United Kingdom
18.4. we are certified under an approved certification mechanism as provided for in the GDPR
18.5. both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information
19.1. At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
19.2. To obtain a copy of any information that is not provided on our website you may send us a request at email@example.com
19.3. After receiving the 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.
If you wish us to remove personally identifiable information from our website, you may contact us at firstname.lastname@example.org
This may limit the service we can provide to you.
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
22.1. We do not sell products or provide services for purchase by children, nor do we market to children.
22.2. If you are under 18, you may use our website only with consent from a parent or guardian
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.
Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
24.2. 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.
24.3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office. This can be done at https://ico.org.uk/concerns/
Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:
25.1. to provide you with the services you have requested;
25.2. to comply with other law, including for the period demanded by our tax authorities;
25.3. to support a claim or defence in court.
However, ultimately it is your choice as to whether you wish to use our website.
We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.
Cookies are data files that contain information created by a web server that can be stored on a user's hard disk for use either during a particular session or for future use. They are widely used in order to make websites work, or work better, as well as to provide information to the owners of the site.
When you access www.generationfitness.co.uk we use ‘cookies’ that automatically track certain information about visitor activity. The cookies we use support visitor’s interaction with the site and keep it running efficiently.
You have the right to choose whether to accept these cookies and can do so by amending or setting the controls on your browser to reflect your cookie preferences. The ‘help’ function within your browser should tell you how. Alternatively, you may wish to visit www.aboutcookies.org which contains comprehensive information on how to do this on a wide variety of browsers. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
Please be aware that if you choose to restrict or block the cookies which are set by this website, you may not be able to use the websites full functionality.
At Generation Fitness we believe that our users should drive the development in new features and functionality. If we aim to continuously improve the features we offer our users, we believe it will in turn help improve the relationships they have with each other - After all, if the Client is happy, so if the PT, and so are we!
In 2018 we successfully applied for a Grant from the BIG2 Project, funded from the EDRF as part of the European Structural and Investment Funds Growth Programme 2014-2020. We used this grant to contribute towards User Driven enhancements to the Generation Fitness. All the new functionality is geared towards improving those relationships.
If you would like to see any new features added to Generation Fitness please get in touch.