TERMS AND CONDITIONS

TERMS AND CONDITIONS

Welcome to pound4pound.org. By using the Pound 4 Pound (also known as P4P) website in any way and in whatever form, you agree to be bound fully by the terms and conditions as detailed below. Because these terms and conditions govern your use of our website, we recommend that you carefully read them before using our website.

Your access to and use of the P4P website, its services, other contents, and/or any information in whatsoever form connected with the website is provisional upon your acceptance without any modification of these specific terms and conditions.

 

HOW OUR WEBSITE WORKS

We provide an independent online service that serves as a directory for the fitness and exercise industry. We provide a platform for fitness and exercise service providers to list their businesses and for customers of these businesses to access the services that they provide.  The website through which these services are provided, pound4pound.org, is owned and operated by P4P Group Limited (also referred to as P4P).

Users however understand and acknowledge that P4P itself is not a fitness service provider, does not own any of the listings listed on the website and is simply a third-party provider of these services. Our job is to make available a platform through which fitness service providers and their clients can connect.

 

MODIFICATIONS/ALTERATIONS TO SERVICE

P4P may without prior notice to you amend, review, improve upon, delete from or add to any of these conditions at any time. You must immediately stop using our services if you find any of our conditions unacceptable. Your continued use of the P4P services whether now, or after any modifications shall be considered as your acceptance of these terms and conditions in full, and of any such changes.

 

USE OF THE SITE

We grant users who are at least 18 or who are older a non-sublicensable, non-exclusive, non-assignable, limited, and reversible, license to access and use pound4pound.org in full compliance with these terms and conditions.

We do not represent or give any guarantees that the service we provide is suitable or available for use in your jurisdiction. You understand that all users link our website from their specific locations at their own risk and are answerable for compliance with all applicable local laws.

Whilst P4P works hard to keep the information on the website detailed, inclusive and current; and to collect only the highest quality data possible, we cannot guarantee and will thus not be liable for any harm or damage connected to the precision, timeliness or comprehensiveness of the information.

 

USER ACCOUNTS

While P4P welcomes visitors to its website, you may be required to go through a registration process so as to be able to access to and use some parts of our website. You must provide personal information such as name and current relevant contact details in order to undergo this registration process.

You hereby represent that you are of proper legal age and have the ability to enter into legally binding contracts; and that all the personal information that you make available to and on P4P, during the registration process and afterwards are truthful, complete and unambiguous.

We may refuse any use now and later of the service and/or terminate your P4P account and use of our services if we discover that you are under the legal age and/or the information that you provide is incorrect, untruthful or deliberately misleading.

You understand that you are fully responsible for maintaining your account and password confidentiality, and you will be fully answerable for all the activities that are listed under your account name. P4P will in no way be responsible for any loss, hurt or damage in any connected to your failure to uphold your account confidentiality.

 

INTELLECTUAL PROPERTY AND COPYRIGHT

The P4P name, website, logo, page headers, and service names and all connected trademarks are trademarks of P4P. The content of pound4pound.org is protected by trademark, copyright, and all other relevant international proprietary rights and laws. You may not upload, adjust, copy, link, broadcast, frame, distribute, or in any way transmit any material on the P4P website without our written authorisation. Violation of our copyright will lead to the initiation of legal proceedings against violators.

 

USER CONTENT

While all copyrights to any content that is submitted by users on our website remain theirs, by uploading such content to our website, you grant P4P a universal, payment-free and non-exclusive license to use, distribute, duplicate, modify, translate, publish, publicly perform and or display such content (wholly or in part) and to use such content in any set-up or medium that is now known or would be later developed without reimbursing  you or any third party.

You are exclusively responsible for any content that you so submit and agree to indemnify P4P and its associates for all claims resulting from any content that you submit.

While we may monitor user content for unauthorised and/or illegal activity, we are not under any obligation to do so. Under no circumstances will P4P be liable for any omissions or errors in any uploaded content, any kind of loss or damage incurred resulting from the use of any content posted or transmitted through the website.

You hereby agree to always evaluate, and knowledgeably bear all risks connected with the use of any content on the P4P website, including any dependence on the accuracy, comprehensiveness, or usefulness of such content.

 

USER CONDUCT

To continue to gain access to P4P, here are the rules of conduct that you must abide by:

  • You must not remove copyright, trademark or any other proprietary notices from any portion of our website.
  • You must not mirror, link to, or frame any part of our website and services.
  • You must not deliberately introduce logic bombs, Trojans, viruses, worms or any other malicious software to the website.
  • Except for the fitness and exercise service providers or potential client disclosed to you, you must not use information gotten from the P4P website to contact organizations or people.
  • You must not try to gain unapproved access to or to debilitate any portion of our website and its related systems.
  • Your uploaded content may not violate any local, state, federal, and/or international laws.
  • Content that is considered (in our sole discretion) illegal, disparaging, indecent, slanderous, menacing, ill-mannered, vile, or humiliating to any other individual or entity is strictly prohibited.
  • You are prohibited from submitting content that violates third party rights, including copyrights, trade secrets trademarks, patents, and privacy or publicity rights.
  • Your content must not inhibit or restrict the normal flow of dialogue; and must not interfere with the P4P website, servers and/or networks connected to our service.
  • You may not submit content that is incorrect, false, or misleading.
  • You may not forge headers or in any way manipulate identifiers in a bid to disguise the origin of any content that is transmitted through the website.
  • You may not upload advertisements, spam links to other websites or individuals or solicitations, without prior written permission from P4P; or advertise chain letters or pyramid schemes.
  • You may not access P4P using automated means such as harvesting bots without our prior permission.
  • You are not to any upload content that mimics any person or entity, including without limitation, a P4P official, or falsely misrepresent your relationship with a person or entity.
  • You may not make available any content which you have no right to so make available under law or under fiduciary or contractual relationships.

 

TERMINATION FOR CAUSE

P4P reserves the right to and may without prior notice, terminate your P4P account and access to the website following a request by you; or if you breach the rules of the users conduct; at the demand of a government law enforcement agency; due to unexpected security or technical issues or problems; due to discontinuance or material modification to the website and service; and/or after extended periods of your inactivity.

You agree fully that all terminations for cause shall be made in P4P’s sole discretion and that we shall not be accountable to you or any third-party for the termination of your account or access to the service.

 

LINKS

For the sake of convenience only, we may provide third parties links to other websites and/or resources, particularly those of fitness and exercise service providers. The presence of these links to third party websites does not in any way establish P4P’s endorsement or commendation of these websites and resources. We are not responsible or answerable for any procedure, products, content, advertising, or any other material found on these third-party websites or resources.

 

SPECIFIC TERMS FOR FITNESS AND EXERCISE SERVICE PROVIDERS

These are additional terms for fitness and exercise service providers. As a fitness and exercise service provider, you agree that these terms govern the relationships, rules, rights, and obligations of fitness and exercise service providers to P4P and to potential clients.

Becoming a fitness and exercise service provider on P4P: In order to become a fitness and exercise service provider on the platform, you must register for a user account by filling out our submission form, and we will use the information thus provided to either approve or reject your request to create a P4P account.

Listings: You must make sure that you have the legal rights to make available the services that you make available through our services. You also represent that the information provided by you about the listing(s) is true, correct and accurate to the very best of your knowledge.

Commission: As a fitness and exercise service provider, you will be required to pay a commission of (please insert percentage) for every listed service that you successfully sell through our services. Our fees are payable in Pound sterling.

Refunds: P4P does not offer any refunds for commissions paid under any circumstances.

Obligations to potential clients: Every fitness and exercise service provider shall be responsible for his choice of client(s). You understand and accept that P4P only has the responsibility of providing a service where fitness and exercise service providers and potential clients can connect. You are legally and fully responsible for the clients that you choose to use your services.

Communication: P4P will facilitate the initial introduction between you and your potential clients. You then become responsible and liable for all further communications, and you agree that it is your responsibility and that of the client to jointly agree on specific terms of service. You must both come to an agreement, and not us, on payment terms and service specifications. We shall under no circumstances be a party to or liable for this agreement.

Indemnity: You agree to indemnify and hold P4P innocent and blameless against all and any claims, costs, and expenses (including accounting and lawyer fees), and damages that may arise in connection with your use of our services.

 

SPECIFIC TERMS FOR POTENTIAL CLIENTS

Below are our terms for potential clients which shall be construed as a legal contract between P4P and you.

Becoming a client: In order to be able to gain access to the fitness and exercise services made available through the website, you must register for a P4P account, and we will use the information thus provided to either approve or reject your request to create a P4P account.

Obligations to fitness and exercise service providers: Every client shall be responsible for his choice of a fitness and exercise service provider(s). You understand and accept that P4P only has the responsibility of providing a service where fitness and exercise service providers and potential clients can connect. You are legally and fully responsible for your choice of exercise and fitness service provider.

Communication: P4P will facilitate the initial introduction between you and your fitness and exercise service provider. You then become responsible and liable for all further communications, and you agree that it is your responsibility and that of the fitness and exercise service provider to jointly agree on specific terms of service. You must both come to an agreement, and not us, on payment terms and service specifications. We shall under no circumstances be a party to or liable for this agreement.

Indemnity: You agree to indemnify and hold P4P innocent and blameless against all and any claims, costs, and expenses (including accounting and lawyer fees), and damages that may arise in connection with your use of our services.

 

DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY

We make the P4P website available on an “as is” and “as available” basis only. All users fully agree that they use the P4P website at their own risk.

P4P explicitly disclaims all and any warranties of any kind, whether direct or implied, including but not limited to the indirect warranties of merchantability, suitability, non-infringement, and fitness for a particular purpose.

We do not represent that our service will meet your expectations and requirements; that it will be continuous, safe, timely or error-free; that any results gotten from the use of this service will be reliable or accurate; and that any mistakes found on the website will be corrected.

You understand and accept that any information or advice, be it oral or written, obtained by you from P4P shall not create any warranty not specifically stated in these terms.

P4P (even after being advised of the likelihood of such damages) will not be liable for any direct, indirect, special, consequential, supplementary, or exemplary damages, including but not restricted to, damages for loss of use, goodwill, profits, data or other unnoticeable losses connected from the use of or the inability to use the service.

We shall not be held responsible for the sales or procurement of any fitness or exercise service; the validity of a provider’s legal right to market said services and/or; the verification of a potential client’s ability to pay for such services.

We are a listing website and we are not recognized by any city or state as a fitness service provider. Under no circumstances will P4P be held liable for loss of funds/resources a potential client might encounter, as we will never accept funds directly from any client.

We will not have any obligation to you or any other individual, for any matters outside our control; or any unforeseeable misfortunes or harms.

If certain applicable law disallows the disclaimer of warranties/ limitation of liability as set above, it will not apply to you.

 

INDEMNITY

You hereby agree to shield and indemnify P4P (its affiliates, subsidiaries, officers, reps, partners, and workers) innocent and blameless against all expenses, claims and fees (including but not in any way limited to legal fees), and damages as it relates to your use of the website.

 

WAIVER

The failure of P4P to enforce or exercise any provision of these terms and conditions shall not be deemed a waiver of such a provision.

 

INVALID TERMS

If any condition of this legal agreement is found by a United Kingdom court of capable jurisdiction to be invalid, this provision will be amended to reveal the parties’ original or amended intention while all other remaining provisions of these terms remain in full force and effect.

 

GOVERNING LAW

These terms are governed exclusively by laws of the United Kingdom, and you hereby agree to submit to the jurisdiction of its courts.

 

PRIVACY POLICY

Our privacy policy makes clear what information we collect about/from you, how we go about collecting such information and how we use, share, and protect your private information. We therefore ask that you read this privacy policy in its entirety before continuing to use this website.

Your use now and your use in the future of the website shall be taken as your agreement to be legally bound by the terms and conditions of the policy. You are not to use our website and services if you disagree in any way with our policy.

 

THE INFORMATION WE COLLECT

At P4P, we only collect users’ personal information necessary for us to perform our obligations. These include:

Information that you provide:

These are information that you willingly provided us, such as:

  • Your name
  • Your address and other contact details
  • Your email address

 

Information that is automatically provided

These are information that are automatically provided to us by your computer when you use our website. This type of information is not in any way personal and does not identify you specifically. Rather, it helps us to customize our website so that we can better meet users’ needs and enrich their online experience. These are:

  • Your IP address or domain name
  • Your browser and operating system
  • Your internet service provider (ISP)
  • Your referring and exit pages
  • Your clickstream data
  • Your date and time stamp

 

HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

The ways in which P4P may use your personal information include:

  • To provide the services requested by you;
  • To make our general customer services available;
  • To respond to queries, complaints;
  • To verify your identity;
  • With fitness and exercise service providers and/or potential clients to aid the provision of their services to you;
  • In compliance with relevant laws and regulatory demands which may include any request made by a governmental authority as it relates to legal proceedings;
  • To manage the provision of our services; and
  • For the detection or prevention of fraud and crime;

Barring these, we will at no time knowingly sell, share or transfer any of your information with a third party.

 

PERSONALLY-PROVIDED INFORMATION WHILE USING OUR SERVICE

The P4P website sometimes allows users to post information about themselves and others, communicate with others, and/or upload content. As a user, you hereby agree that when you voluntarily reveal private information/data on publicly-accessible web pages, such information will be obtainable publicly and can be viewed and used by others.

We advise users to exercise caution and common sense regarding uploading identifiable private information/data.

 

GDPR COMPLIANT POLICY

How you can access your information: We want to ensure that your information that we hold is always accurate and up to date.  Whenever there are any material changes to your private information/data, please sign in to your account (if any) and edit your profile to reflect the changes, so that we can update our records.

Controlling your private information/data: You have all rights to correct and update your private information in our records if you believe that it is erroneous or if it has been deleted. You may also place limitations on the manner in which we process your information.

You have all rights to withdraw your agreement where the processing of your private information is based on your consent. This is however subject to legal or contractual restrictions.

You have all rights to instruct P4P not to use or process your private information/data in certain circumstances, i.e. for advertising and marketing purposes.

 

OUR USE OF COOKIES

As most websites do today, we make use of the Cookies technology on our website, so that we can recognise your browser as well as capture and remember certain information, in order for you to have a great experience when you visit the P4P website.

You can choose turn off cookies enablement on your computer/device, but you understand that you may not have access to many features that make our website experience more efficient in such an event.

 

MINORS’ PRIVACY

Our website and related services are planned for an adult audience and are not in any way directed towards children. We will never knowledgeably collect personal information from persons under the age of 18, except as permitted by law or with parental consent.

 

SECURITY OF INFORMATION

We use a variety of security measures, including administrative, physical, and technical precautions to preserve the safety of your personal information. We use Secure Sockets Layer (SSL) encryption technology to protect private information. This means that such information can only be accessed by a limited number of specialists who are duly authorised and who are thereafter obligated to keep the information confidential. We however, take no responsibility for any unauthorized access or loss of personal information that is beyond our control, as there is no hundred percent security guarantee for data transmissions over the Internet.

 

CHANGES TO OUR PRIVACY POLICY

As it deems fit, P4P may without prior notice to you review and revise this Privacy Policy. We however want you to be aware always of the type of information collected by us and how we use such information. We will thus always publish changes to our privacy policy on the website, and your continued use of our services after we have uploaded such changes means that you are in total agreement with the reviewed privacy policy.