Weightplan.com & gym training app Terms and Conditions
By accepting these terms and conditions you are entering into a legally binding contract. It is therefore important that you read these terms and conditions carefully. If you do not agree to any part of these terms, then please do not proceed. Completion of the contract between you and us will take place when we notify you that your registration has been accepted. To register you must be over eighteen years of age.
Headings do not form part of these terms and conditions and will not affect their interpretation.
In these terms and conditions, any reference to:-
"the App" means the Weightplan application for mobile devices
"the Site" means Weightplan.com
"We" or "Us" means Weightplan Limited
"You" or "Your" means you as the member of the Site or the App
The Site and the App are owned and operated wholly by Us.
You must ensure that any details provided are correct and complete, and inform us immediately of any changes to this information.
You must give us your name, address, phone number, email address and any other details that we may require to process your membership or administer your account.
You must not:
We reserve the right (with or without notice or justification in our absolute discretion but not so that we are obliged to exercise any right) to:
Membership fees and pricing
You agree to provide us with true, accurate and complete information as required by the subscription or registration process including your name, address, postcode, e-mail address and applicable billing information (e.g. credit/debit card number and expiry date) and to allow us to pass this information to a third party payment processor for the purpose of verifying the information you provide and billing your credit/debit card.
You agree to pay, using a valid credit/debit card (or other form of payment which we may accept from time to time) the membership fee for your chosen membership period at the rates shown on this site.
You agree that we may charge the credit card (or other form of payment, if applicable) that you have given us details of. In the event that we cannot charge your card, we reserve the right to suspend or terminate your membership at our absolute discretion.
You will receive an email receipt for any charges to your card on the date the payment is taken.
The charge will appear on your card statement as: WEIGHTPLAN LIMITED.
At the end of your current membership period (on your renewal date) your membership will automatically be renewed at the current monthly membership price unless you cancel your membership prior to the renewal date. If we are unable to process payment, your membership will be suspended until you have paid your membership fee. For billing purposes a month is assumed to be a period of 30 days.
We reserve the right to increase membership fees at any time upon providing you with at least two weeks' notice in advance to give you time to decide whether you wish to continue with your subscription. If you do not wish to continue you should let us know and we shall cancel your membership at the end of your current membership period.
If your credit/debit card expires, is cancelled, lost or is subject to use without your authorisation you agree to promptly notify us by writing to firstname.lastname@example.org, and when requested,to provide details of an alternative current, valid credit/debit card (or other form of payment which we may accept from time to time).
Where we discover an error in the prices quoted on the Site or the App, we will inform you as soon as possible and give you the option of reconfirming your registration at the correct price or cancelling it. If we are unable to contact you we will treat the registration as cancelled.
All prices include UK VAT (where applicable).
Cancellation and refunds
Where you select a trial membership, you have the right to cancel your membership before the end of the trial period. This includes your right to cancel your membership under the Distance Selling Regulations.
Please note that by commencing a full fee-paying membership immediately, you lose your right to cancel your membership and demand a full or partial refund.
You may notify us that you wish to cancel your membership at any time from the ‘Easy Cancellation’ section under ‘My Account’ or by writing to email@example.com.
Your cancellation will be effective from your next renewal date. You will not be entitled to a refund for any membership fees already paid.
Your statutory rights are not affected.
On becoming a member you choose your password. You must not disclose your password to anyone.
We will never ask you for your password other than in logging in to the Site or the App.
You are responsible for all acts done in your account name and therefore for the acts of anyone you give your password to in breach of these terms and conditions.
Reporting site abuses
We ask for your help in maintaining the high standards of the Site and the App and the communities within them by immediately notifying us of any material or communications that are in breach of these terms or that are, or appear to be, illegal.
E mail address and mailings
Everybody likes to take advantage of special offers or free information and advice. Through our mailings we try to keep our customers informed, and aim to keep these relevant and informative – without being intrusive. When you register with Weightplan we will include you in our mailing list to ensure you immediately know about the most generous membership offers or the latest professional fitness and nutrition advice. However, we do understand that you may have a few questions to ask us, so please check our FAQs for more information. If you’d prefer not to receive mailings you can change your settings at any time in ‘My Account’.
Personal use only
Any material on the Site or the App is strictly for personal use and must not under any circumstance be used by any user for commercial purposes or used in a defamatory or derogatory manner.
You warrant that all material you upload to any of the Site or the App:
You agree to indemnify us against any costs, claims, liabilities or expenses arising out of breach of these terms and condition and to keep us so indemnified at all times.
The failure by to insist upon or enforce the strict performance by you with respect to any provision of this agreement, or to exercise any right under this agreement, will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Third Party Rights
You agree that any of our related companies may rely on and enforce these terms, but otherwise we and you agree that no other third parties are to be given any rights under the Contracts (Rights of Third Parties) Act 1999.
You agree that we may assign or novate these terms to anyone without notice to you.
Monitoring of content
Although we do not actively monitor submissions to the Site or the App or content posted by users and accept no responsibility or liability for this, submission and content posted may be subject to real-time vetting and monitoring.
We reserve the right to amend or remove content without justification. In particular, we may do so if we receive a complaint about content, feel the content is unsuitable, in violation of the law, contains political content or in any way breach of these terms and conditions.
By submitting material to the Site or the App you grant us a licence to reproduce, change, distribute or sub-licence the material in whole or in part and in any form.
Ownership of trademarks etc. on this website
We are the proprietor of the Site and the App and any associated trademarks, whether registered or not.
All rights, including copyright and database rights, in the Site and the App and the content thereof are owned or controlled by us.
We retain all copyright, database rights and other intellectual property rights in material contained on or in relation to the Site and the App.
Except where expressly stated to the contrary, nothing in this website confers any licence or right to use any trademark displayed on this website without our prior written approval or the owner of the relevant trademark..
All other trademarks, brand names, product names and titles and copyrights used in this site are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by Us in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
The use of any trademark or intellectual property owned by any third party should not be treated as an endorsement of the Site or the App by any such third party.
The use of any trademark or intellectual property owned by any third party should not be treated as an endorsement of that third party’s goods or services by Us.
You may not copy, reproduce, download, republish, extract, broadcast, transmit, display, modify or re-use any of the materials on the Site or the App for any other purpose.
We reserve the right to notify members via email of promotional offers, news and other information - we will only do so if members have opted-in to receive such communications.
We may occasionally have to perform necessary systems maintenance and/or upgrades. These specified time periods are referred to as "Scheduled Maintenance Windows".
In the event of plans to bring down the Site or the App during a Scheduled Maintenance Window, we try to provide 24 hours’ notice to our members in advance of the Scheduled Maintenance Window.
We reserve the right to perform any required maintenance work outside of the Scheduled Maintenance Window with a minimum of 12 hours’ notice to members.
Members must be aware that, at any time, we may perform emergency maintenance as needed to preserve the overall integrity of the Site or the App with no notice and with without compensation for such activities.
We reserve the right to alter or suspend the Site or the App, or any parts thereof, at any time without prior notification or explanation.
We support most of the popular web browsers currently in use. However, we cannot guarantee that the specific browser you use will be able to display the Site or the App and all its features accurately. Please refer to our Help section for a full list of supported browsers.
Linking to the Site
Subject to acceptance of our linking terms users and others shall be entitled to set up hypertext links from their own websites to the home page only of the Site or App.
Exclusion of liability for linked websites
Whilst we exercise reasonable care in the selection of websites to which we link, we do not control their content, format or availability. Therefore:
we give no warranties, endorsements or recommendations in relation to any products or services mentioned or any statements contained in third party sites;
we disclaim all responsibility for any content you encounter, or events which may occur once you have transferred out of this website and are not be liable to you or anyone for any damages or other losses of any type whatsoever incurred by visiting a linked site.
Exclusion of liability for site content
You agree that whilst we take all reasonable measures to ensure the truth and accuracy of information on the Site or the App, we are not responsible for any wrong, inaccurate information whether it is posted by us or a member and you are advised to independently verify such information before relying on it. We also accept no responsibility for any misleading information posted by other members and accordingly are you are advised to proceed with caution in dealing with other members.
We are not responsible for the accuracy of information posted by members on the Site or the App.
Messages or content submitted on the Site or the App are the views and opinions of individual members, and do not necessarily reflect the views and opinions held by us, our advice or recommendations that we would make.
We reserve the right to reproduce or modify any information posted by members on the Site or the App.
Use of the Site or the App
We recommend that you seek medical advice before starting any nutritional or exercise programme.
You should not use this Site or App if you have a pre-existing medical condition that may preclude you from exercise or changing your diet, or if any of the following conditions apply to you: Pregnancy or breast feeding, asthma or allergies, high or low blood pressure, heart problems or angina, high cholesterol, thyroid disorder, arthritis or joint pain, diabetes (Type 1 or 2), wheat intolerance, gluten allergy, coeliac disease, recent surgery or medical treatment, anorexia or bulimia nervosa or other eating disorder, BMI > 35, or on long term medication.
The information provided on the Site and App is general guidance, and has not been tailored to your specific needs. By using the Site or the App you take full responsibility for ensuring that you are medically able to follow a nutrition and/or exercise plan. If you are at all unsure, you should consult your doctor for an individual assessment. We do not offer medical advice. You should not use this site if your doctor has advised you not to undertake exercise, or change your diet.
By using the Site or the App you agree to carefully read all guidance and instructions and ensure you use the correct techniques and equipment that are appropriate to an exercise or nutritional plan.
If you are following a meal plan with less than 1600 calories per day you, or restrict your calorie intake to below this level you should ensure that you maintain a healthy vitamin and mineral intake (within the recommended daily allowances), or use appropriate supplements. If you are at all unsure, you should consult your doctor for advice.
We take every effort to select food items appropriate to the meal plans specified, however due to the constantly changing formulations of food and drink products we are unable to guarantee that all items in our meal plans are 100% wheat or allergen free. If you have specific dietary requirements you should confirm the ingredients and allergens advice on the pack, or with the manufacturers. If you are at all unsure, you should consult your doctor for advice.
We do not warrant that you will lose or gain weight, or achieve your personal fitness goals by following the guidance contained on the Site or the App.
You accept that no responsibility or liability is accepted by Weightplan Limited for any loss or damage suffered by you as a result of the use or misuse of any of the information contained on the Site or the App.
Exclusion of liability for viruses, etc
Whilst we take all reasonable precautions to protect the Site and the App and its users against worms, viruses and other harmful material, before downloading or using any potentially harmful material on the Site or the App, you are advised to ensure that your systems have up-to-date virus detecting software and have that software check the safety of any materials. Therefore, we do not accept responsibility for any defects, viruses or other harmful components that may be contained within any of the Site or the App.
Exclusion of liability for loss
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage or loss of use, data, business opportunity or profits, whether in an action in contract, negligence or other tortious action, however resulting from the access to and use of this website and the information and materials contained on it (but for the avoidance of doubt this clause does not exclude liability for death or personal injury).
We shall not be responsible for lack of availability of the Site and/or the App and/or any other failures to perform in a timely manner due to events beyond our reasonable control including, without limitation, Acts of God or public enemies, civil war, insurrection or riot, fire, flood, explosion, earthquake, serious accident, failure of the Internet, strike, labour trouble or work interruption or any other cause beyond our reasonable control. In such circumstances the time for performance by us shall be extended for the duration of such events to the extent possible.
Termination of website use rights
A user's authorisation to use this website automatically terminates without notice if the user fails to comply with any of these terms. On termination, the user must cease all use of the Site and/or the App.
Right to amend these terms
We may at any time revise these terms by posting changes on the Site and the App. The continued use of the Site or the App after changes are posted constitutes your acceptance of the modified terms.
These terms are governed and construed in accordance with the laws of England.
You agree to submit to the non-exclusive jurisdiction of the English Courts.
If any of the terms is held to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining terms.
Company number 07222126 (Registered in England).
VAT number GB 998 3537 50
Registered address: Weightplan Ltd, Avaland House, 110 London Road, Apsley, Hemel Hempstead, Herts. HP3 9SD United Kingdom