Please read these Terms and Policies carefully before you start to use our Website or our Apps. We recommend that you print a copy of these for future reference. By using our Website or our Apps, you confirm that you accept these Terms and Policies and that you agree to comply with them regardless of whether you choose to register with us. If you do not agree to these Terms and Policies, you must not use our Website or our Apps in any way.
Welcome to our website, ("upgrade-fitness.com") and to the Customer mobile application(the “Apps”).
The Website and our Apps have two main functions:
• aggregating of information and providing booking for our services
• provision of general information relating to health and wellbeing.
We have set out the terms under which we are providing you with access to our Website and our Apps and any products or services we offer from our Website or our Apps.
If you enter any prize competitions or other promotions on the Website or our Apps, separate terms and conditions may also apply in addition to our Terms and Policies. In the event of a conflict between any additional terms and conditions and our Terms and Policies, such additional terms shall prevail to the extent of the conflict.
We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Website and our Apps. You should check these Terms and Policies regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated Terms and Policies will be available for you to view.
If you enter any prize competitions or other promotions on the Website or our Apps, separate terms and conditions may also apply in addition to our Terms and Policies. In the event of a conflict between any additional terms and conditions and our Terms and Policies, such additional terms shall prevail to the extent of the conflict.
We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Website and our Apps. You should check these Terms and Policies regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to the Terms and Policies after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated Terms and Policies will be available for you to view.
By using our Website or our Apps, you confirm that you accept these Website & App Terms of Use and that you agree to comply with them. If you do not agree to these Website & App Terms of Use, you must not use our Website or our Apps. Please note: these Website & App Terms of Use only cover your use of our Website and our Apps.
Within these Website & App Terms of Use, the phrase “Terms and Policies” refers to any or all of the following policies: our Privacy and Cookie Policy, our User Generated Content Policy, these Website Terms and Conditions and our Booking Terms and Conditions.
Use of the Website and our Apps
These Website & App Terms of Use set out how you may use our Website and our Apps. By accessing the Website or our Apps, you agree to these Website & App Terms of Use. These Website & App Terms of Use apply to whatever method you have used to access the Website or our Apps, including but not limited to the internet, digital television services and mobile phone.
If you do not agree to these Website & App Terms of Use, you should not use the Website or our Apps. You should read all of the Website & App Terms of Use prior to using the Website or our Apps.
Accessing our Website and our Apps
Access to our Website and our Apps is permitted on a temporary basis. We reserve the right to withdraw or amend our Website or our Apps (and any products or services offered on them) without notice. We will not be liable if for any reason our Website, our Apps or any part of it or them is unavailable at any time or for any period.
We update our Website and our Apps from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website or our Apps (or any part of them) at any time without notice.
Materials and information posted on our Website or our Apps are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws.
You are responsible for making all arrangements necessary to access and view this Website and our Apps and should ensure you have up to date anti-virus software on any device from which your access our Website or our App.
You are responsible for ensuring that all persons accessing our Website or our Apps through your internet connection are aware of these Website & App Terms of Use.
We specifically reserve the right to withdraw access to our Website and/or our App and/or cancel any order in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account.
Password and Account Security
You are responsible for the safety and security of your password and log in details. To help protect against unauthorised access to your account you are advised to store your username(s) and password(s) safely and securely. Please ensure that your password is not one you have used before, that it is eight characters or more and, ideally, not one that you use on other sites. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account at the end of each session. You may also wish to close your browser window when you have finished your session, especially if you share a computer with someone else or if you are using a computer in a public place.
Misuse of our Website or our App
You must not misuse our Website or our Apps by:
• knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or
• gaining or attempting to gain unauthorised access to the server on which our Website or our Apps is stored or any server, computer or database connected to our Website or our App; and/or
• attacking our Website or our Apps via a denial-of-service attack or a distributed denial-of service attack.
• Breach of this clause might constitute 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 right to use our Website and our Apps will cease immediately.
Users
• If you are aged 18 years old or over, you may create an account and become a registered user of the Website and our Apps ("User").• As a User you may have access to additional products or services and/or functionality, for example, the ability to create an account, save contact information, post user generated content (“UGC”) onto the Website or via our Apps, and receive information about promotions and special offers which are restricted to Users, if any.
• Any personal information that you provide to us in the course of becoming a User or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy.
• We also have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of our Terms and Policies.
Posting UGC
• If and where the functionality of the Website or our Apps allows, Users or other visitors to the Website or our Apps that log into a social media account via any widget or interface available on or off the Website may post UGC to the Website or via our App.
• Any UGC posted will be attributed to the username you provide or the username of the social media account you log in with but we will not publish your email address on the Website or via our App.
• We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) if it does not adhere to our User Generated Content Policy.We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) UGC.• We also reserve the right to close the User accounts and/or ban particular users from being able to post UGC to the Website or via our Apps if they persistently and/or seriously breach the terms of the User Generated Content Policy.
• Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not those of Treatwell and we accept no responsibility for the content of such UGC.
Intellectual property
• You may access, view and print out one copy of this Website and all information, images, and other content (except for UGC) displayed on the Website or via our Apps ("Materials") strictly in accordance with these Website & App Terms of Use.
• You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to Treatwell.
• Nothing in the above licence impairs or restricts any author's moral rights in respect of the Materials.
• We expressly reserve all intellectual property rights in and to the Website, our Apps and the Materials and your use of the Website, our App and the Materials is subject to the following restrictions.
You must not:
• remove any copyright or other proprietary notices contained in the Materials; and/or
• use any Materials from the Website or our Apps in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or
• use, or cause others to use, any automated system or software to extract content or data from this Website or via our Apps ("screen scraping"), except in cases where you or any applicable third party has entered into a written licence agreement directly with us that expressly permits such activity; and/or
• reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Website, our Apps and/or the Materials for any commercial purpose, without our prior written consent by way of a licence agreement.
Trade marks
We expressly reserve all rights in and to the upgrade-fitness.com domain name and all related domains and sub-domains, the name "Treatwell", our logo device, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Website or via our Apps may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
Linking to our Website
You may link to any page of the Website, for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take unfair advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
Our Website must not be framed or be subjected to any other browser or border environment on any other site.
We reserve the right to withdraw linking permission at any time and without notice.
Changes to our Website & App Terms of Use
We may change these Website & App Terms of Use from time to time, in which case an up to date version will be available via the Website and our Apps. You should check these Website & App Terms of Use regularly to ensure that you are happy with any changes.
You will be deemed to have accepted any changes to these Website & App Terms of Use after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated Website & App Terms of Use will be available for you to view.
Legal compliance and applicable law
The Netherlands Courts will have non-exclusive jurisdiction over any claim arising from or related to a visit to this Website or use of our Apps. Dutch Law will apply to these Website & App Terms of Use.
All our services are advisory and we do not provide any medical advice.
Booking conditions
If you have paid for a counseling session and do not contact us at the scheduled time. We will count this counseling as a completed counseling session.
Cancellation of the consultation less than 24 hours in advance will be charged in full.
We consider the start of coaching from the first day of the existence of a general chat in What's app with a coach upgrade academy. And end in exactly 30 days if you pay for a month's coaching. Or in 90 days if you pay for 3 months of coaching.
It is the client's responsibility to mention all health contraindications and chronic diseases, upgrade academy does not provide any medical advice, and all information is of advisory nature, the consequences of applying this information are the client's personal responsibility.
If you do not contact us, do not respond to our chat messages with upgrade academy coach, the coaching will be considered over at the end of 30 or 90 days depending on the form of payment.
The academy founder may stop coaching and refund any remaining coaching time if she deems your communication with the coach to be disrespectful.