1 Your acceptance

1.1 https://graham.fitterapp.app/ and https://www.gwhealth.co.uk (separately and together, the Website) are operated by G Whitehead Health Ltd .You agree to these terms and conditions (Terms) when you do any of the following:

1.2.1 Access, browse or use the Website;

1.2.2 Purchase or use our health and fitness products or other products (Products), including

through the Website;

1.2.3 Purchase or use our Supplements or other services (Services), including

through the Website;

1.2.4 Otherwise provide your agreement to the Terms.

1.3 Some of our Products and Services are made available or accessed via a third party application or other third party software (Third Party Software). Where this applies, you must also accept any user terms and conditions applicable to the Third Party Software to be able to use our Product or Service. It is a condition of the use of our Products and Services that you comply with any applicable Third Party Software user terms and conditions.

1.4 By purchasing or using our Products or Services, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18) and, if you are registering on behalf of a minor, that you are their legal guardian.

1.5 If you purchase a Product or Service on behalf of a minor, it is your responsibility to inform them of their obligations under these Terms and ensure their and your compliance with these Terms.

1.6 You must at all times comply with applicable laws.

2 Payment and changes to products, services and pricing

2.1 Provision of any Products or Services is subject to your payment of the applicable fees for those Products or Services.

2.2 Payment is to be made as notified to you in writing at the time of purchase, for example on our Website.

2.3 For Products and Services purchased on a subscription basis:

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2.3.1 Payments for the app will be debited from your nominated payment method at the frequency of the subscription, as notified to you in writing at the time of purchase (e.g. monthly);

2.3.1.1.1 You will not receive notice on each occasion a payment is deducted. You are responsible for ensuring you have sufficient funds available in or on your nominated payment method before the payment is due to be deducted.

2.3.1.1.2 You expressly authorise us to make automatic debits from your nominated payment method in accordance with these Terms. 2.3.1.1.3 If we are unable to process a payment in accordance with this

clause, we reserve the right to re-attempt to process the

payment at a later date and/or cancel your subscription.

2.4 We may use a third party payment gateway or platform to facilitate your

payments. You agree that we will not be held liable for any loss you incur arising from your use of any payment method unless caused by our fraud or the fraud of our employees.

2.5 Unless expressly stated otherwise, fees and charges are in GBP and inclusive of .

2.6 All fees are non-refundable, except as expressly stated in these Terms.

2.7 We may modify prices and Product and Service offerings at our discretion for any reason. Our current prices, Products and Services are as set out on the Website or otherwise notified to you in writing.

3 Health and fitness requirements

3.1 We do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice. The Website, our Products or Services may contain general information relating to health. Such information is provided for informational purposes only and is not a substitute for advice provided by a qualified medical practitioner.

3.2 You require a moderate level of fitness to follow the exercise programs and other physical activities we provide through our Products and Services.

3.3 Prior to participating in any program or taking any supplements, exercise, activity, workout, treatment discussed in or associated with the Website, or made available as part of our Products or Services, if you have any pre-existing health issues, medical conditions or other health risk factors, you must obtain the advice and clearance of your medical professional. Failure to do so could result in adverse health outcomes.

 

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3.4 You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website, Products or Services.

3.5 Physical activity and exercise undertaken in connection with the Website or our Products and Services is your responsibility and must be performed in a safe environment (including free of obstructions) and within your capabilities. Undertaking activities in an unsafe environment or outside your capabilities is a risk to your health and safety.

3.6 You must cease participation in any exercise or activity immediately if you experience negative health effects. You must get clearance from your medical professional before continuing.

3.7 Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with the Website, our Products or Services are at your sole discretion and risk.

3.8 Our Products and Services do not include any supervision or monitoring of your activity, and we are not responsible for any injuries or other health condition or consequence that you may suffer as a result of following any exercise program or regime or undertaking any other activity involving our Products and Services.

4 Risk warning

4.1 Participation in any physical activities pursuant to our Products and Services (the Recreational Activities) involves physical exertion and risks, including the risk of personal injury and death. Particular risks include:

4.1.1 sprains, strains, dislocations, cardiovascular episodes and other injuries; and

4.1.2 injuries from the failure or improper use of equipment.

4.2 Before you participate in the Recreational Activities, you must ensure that you

are aware of, and properly understand, all of the risks involved in the Recreational Activities, and that those risks will include any particular risks associated with any health condition from which you suffer.

4.3 You acknowledge, agree and understand that:

4.3.1 you are aware the Recreational Activities you will participate in may

require a moderate or higher degree of effort;

4.3.2 your participation in the Recreational Activities may involve risks

generally and the particular risks described above;

4.3.3 it is not possible for us to make these Recreational Activities completely

safe;

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5 User content

5.1 The Website, our Products or Services may allow you to post information, photos, videos, content, user submissions and/or upload materials (including features such as live chat and forums), whether through external websites, platforms or otherwise (User Content) and may also allow you to see User Content submitted by other persons.

5.2 You are responsible for any User Content you post or display and we are entitled to treat any User Content as non-confidential and non-proprietary.

5.3 You warrant that all User Content that you post or display does not infringe the intellectual property rights of any third party.

5.4 You must not post or display any User Content that you did not create or do not have permission to post or display, or content which is offensive, inappropriate, unlawful or for commercial purposes (such as advertising material), or content which contains or transmits viruses or other malware.

5.5 We may, but are not required to, delete or edit any User Content in our discretion without notice, including if we consider it to be offensive or inappropriate.

5.6 We do not verify the accuracy or authenticity of any User Content and make no representations or warranties in relation to any User Content.

5.7 We cannot guarantee, and do not warrant, that any functionalities that allow you to control whether or not other users are able to view your content (Access Controls) are error free. To the extent permitted by law, we are not liable for any loss or damage that you may incur as a result of any incorrect implementation of Access Controls that you select.

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6 Third party software

6.1 This clause 11 applies where any of our Products or Services are made available or accessed via Third Party Software.

6.2 You acknowledge and agree that the Third Party Software provider may change from time to time at our discretion.

6.3 We are not responsible for, and have no liability in connection with, the hosting, operation, availability, safety or security of, or access to, any Third Party Software, nor any act of the provider of the Third Party Software.

7  Privacy

7.1 You consent to your personal information or personal data (as that term, or substantially similar term, is defined under applicable privacy laws) (including information about your health) being used, handled, processed and disclosed by us:

7.1.1 as provided under these Terms;

7.1.2 in order to provide you with any Products or Services you have

purchased;

7.1.3 to communicate with you regarding any purchase by you of our Products

or Services or any other interactions you have with us;

7.1.4 for any purpose notified to you by us at the time you provide the

personal information;

7.1.5 to provide marketing materials to you when you have consented to

receive them; and/or

7.1.6 as otherwise provided in our Privacy Policy, as updated from time to

time and accessible at

INSERT MY PRIVACY POLICY HERE.

7.2 Where you provide us with the personal information or personal data of another person, you warrant that the person is aware of and has consented to the use of

their personal information or personal data in accordance with these Terms.

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8 Termination

8.1 We may, in our sole and absolute discretion, refuse provision of a Product or Service, suspend access to or terminate the provision of a Product or Service, or access to the Website, at any time for any reason, such termination being subject to a pro-rata refund of fees, unless you are in breach of any of the Terms, in which case, to the extent permitted by law, no refund will be provided.

8.2 Unless otherwise notified to you in writing by us at the time of purchase, you may cancel a subscription-based Product or Service at any time. Such cancellation will take effect following the end of the then-current payment period (e.g. end of the current month, if it is a monthly subscription), unless your cancellation is made within 2 business days of the end of the payment period, in which case we cannot ensure that our systems will process the cancellation in time to prevent a further payment being taken. In the event of a cancellation by you, you will not receive a refund of any fees paid.

Privacy Policy – to edit

We care about your privacy. We want you to know that we’re not in the business of sharing, selling, renting or trading personal information. This page explains our approach to privacy and how it affects you.

Measuring our visitors

We measure visitors to our website using Google Analytics. This records what pages you view within our site, how you arrived at our site and some basic information about your computer. All of that information is anonymous – so we don’t know who you are; just that somebody visited our site. The information we collect from analytics helps us understand what parts of our sites are doing well, how people arrive at our site and so on. Like most websites, we use this information to make our website better. You can learn more about Google Analytics or opt out if you wish.

Facebook, Tik Tok,Instagram, and other social networks

These services provide social buttons and similar features which we use on our website – such as the “Like” and “Tweet” buttons. To do so we embed code that they provide and we do not control ourselves. To function their buttons generally know if you’re logged in; for example Facebook use this to say “x of your friends like this”. We do not have any access to that information, nor can we control how those networks use it. Social networks therefore could know that you’re viewing this website, if you use their services.

Contact form submissions

Information that you submit via any of our contact forms is used to help us respond to your enquiry. We do not store this information on the website’s database – it is simply delivered by email to the Human Performance Hub team so that they can respond to your enquiry. You will also have the option of signing up to our newsletter if you choose to do so.

Online shopping

When purchasing products or services using our online shop, we will record specific personal information about you, such as your name, address and contact details. We also log account and transaction history for accounting purposes, and to monitor our business activities. For those of you that create an account in our store, you can log in and update this personal information yourself at any time via the “My Account’ Page. If you ever have trouble editing or removing such information, simply contact us and we’ll be happy to help. We use two payment providers to bill for our products and services online. These companies will have access to your personal and payment information. G Whitehead Health Ltd does not have access to or store your payment information – this is handled securely via either Paypal or Stripe. We share information with these companies only to the extent necessary for the purposes of processing payments you make via our website. For more information about how they handle your privacy, please click the links below:

Paypal’s privacy policy

Stripes’s privacy policy

 

Additionally if you decide to purchase our app we use a 3rd party software called Fitter to provide our customers and subscribers with access to an app with various health and fitness products. This software helps us attain basic customer information such as name and email that gets stored in our database via the fitter app.

For more information, please see Fitter’s privacy policy and GDPR statement.

Mailing Lists

As part of the registration process for our e-newsletter, we collect personal information. We use that information for a couple of reasons: to tell you about stuff you’ve asked us to tell you about; to contact you if we need to obtain or provide additional information; to check our records are right and to check every now and then that you’re happy and satisfied. We don’t rent or trade email lists with other organisations and businesses. We use a third-party provider, MailChimp, to deliver our newsletter. We gather statistics around email opening and clicks using industry standard technologies to help us monitor and improve our e-newsletter. For more information, please see MailChimp’s privacy notice. You can unsubscribe to general mailings at any time of the day or night by clicking the unsubscribe link at the bottom of any of our emails or contacting us via our contact form.

Links to Other Sites

Our website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the privacy policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

General Security

To help prevent the loss, misuse or alteration of your personal information. G Whitehead Health Ltd takes the following precautions:

The use of SSL Encryption on the website and email accounts.

The use of Firewalls and other security software on our website.

All access to information restricted by password and/or secure key.

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. Of course you are responsible for keeping your password and user details confidential. Nobody at g Whitehead Health Ltd will ever ask you for your password, so please don’t trust anybody asking you for it.

Contacting us

As a general rule we only ask for and process information that we need in order to deliver our services to you or to provide what you have asked from us. You are however entitled to view, amend, or delete the personal information that we hold. If you need help with this, don’t hesitate to contact us.

Updates to this policy

We may update this privacy policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email. This policy was last reviewed on 09/10/22.

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