Terms

 

1. DEFINITIONS
(a) In these conditions, ‘We’ or ‘Us’, means Insider Training Europe™ Ltd trading as ‘Insider Training
Europe™’ and / or ‘ITE’, hereafter referred to as ‘ITE’;
(b) ‘The Trainer’ refers to the named person(s) providing the personal fitness training services to You;
(c) ‘The Nutrition Advisor’ refers to the named person(s) providing the nutritional advice services to You;
(d) ‘The Sports, Health and Exercise Psychologist’ refers to the named person(s) providing the sports,
health and exercise psychology service to You.
(e) ‘You’ means the person or entity receiving the Services;
(f) ‘Services’ means the form of personal fitness activities,  (if any) and nutrition advice (if any) provided
by Us to You;
(g) These conditions shall apply to all sales of Services by us and shall prevail over any other terms,
conditions contained in or referred to in any correspondence or implied by practice or course of dealings
unless such terms are specifically agreed in writing.
(h) A person who is not a party to a contract has no rights under the Contract (Rights of Third Parties)
Act 1999 to enforce any term of the contract. You may not assign the contract or any part of it without
our prior written consent.
(i) If any provision of the contract is found by any court or other competent body to be wholly or partially,
illegal, invalid or unenforceable, it shall to the extent of such illegality, invalidity or unenforceability be
deemed severable and the remaining provisions of the contract shall continue in full force and effect.
(j) The heading above each condition is for reference only and shall not affect or limit the interpretation
and effect of these conditions. 

2. QUOTATIONS
(a) A quotation by us is an invitation to treat and not an offer. We may withdraw or amend any quotation
at any time prior to our acceptance of your order, which will occur when we issue a written
acknowledgement or we begin the Services, whichever is the earlier.
(b) You acknowledge that you do not rely on any representation made by us or any of the sub-contractors
used by us. Any advice given by us is given without liability on our part. You are responsible for the
suitability of the services provided to you by us.

3.  THE SERVICES
This Clause 3 outlines the services to be provided under this agreement.
(a) On behalf of ITE, The Trainer and / or Nutritional Advisor/ or Sports Health and Exercise Psychologist
will provide the Services to You when required at the agreed time and location. 
(b) The Trainer and / or Nutritional Advisor will provide a professional service at all times and provide
appropriate information and demonstrations at all times. 
(c) You acknowledge that We give no warranty or representation to You (whether express or implied)
in respect of the Services. In particular, whilst every effort is made to provide the Services as outlined in
any documentation from ITE to You in respect to time, personnel and location, no warranty or guarantee
is given that the Services can be provided in such manner any particular instance.

4. PRICE AND TERMS OF PAYMENT
(a) The fee payable to ITE for the Services is as per the Fees agreed and documented by ITE.
(b) Payment terms for all services are payable in full prior to commencement of the services. 
(c) In respect of the ITE Hedge Programme and the Long Only Programme We will invoice You as agreed
prior to commencement of the Services or on a set day of each month following completion of the Services. 
(d) If you do not make any payment on the due date then, without prejudice to any other right or remedy
available to us, and whether or not any part of your account is subject to query, we may: -
(i) Cancel or suspend any further delivery or provision of services to you; and
(ii) Charge you interest at the rate of 4% above the base rate from time to time of Lloyds Bank Plc on the
unpaid balance, to accrue on a day to day basis from the due date of payment until receipt by us of the
full amount whether before or after any judgement; and
(iii) Be indemnified by You against all costs and expenses incurred by us in recovering sums due or in
exercising our rights pursuant to this Clause 4. 

5. CANCELLATION POLICY
(a) Services cancelled by You with less than 24-hours notice shall be chargeable at 100% of the agreed
fees.
(b) Certain Services provided by Us to You include a Completion Date. ITE is under no obligation to either
provide any Services which have not been completed by this date or to provide a refund, credit note or
similar in respect of the uncompleted Services  
(c) If You wish to terminate the Services provided by Us to You, written notification must be sent to ITE
or other named representative of ITE and confirmed to You by Us in
writing.
(d) in the event you cancel your programme with us after receiving your Confirmation Pack and before
the agreed end date, a one off fee of £250 plus VAT shall be added to the fees. 

6. LIABILITY
(a) You agree to the terms of the liability waiver completed by You at all times during the provision of the
Services by Us.
(b) Save as set out in these terms and conditions and save for liability for death and personal injury
caused by our negligence and save for breach of our undertakings as to title implied by statute, all express
or implied conditions, representations or warranties as to description, quality or fitness for purpose or
otherwise are expressly excluded. We shall not be liable for any consequential loss or for any loss of
profits, business revenue, goodwill or anticipated savings, (whether arising from breach of contract, tort,
breach of statutory duty, misrepresentation or otherwise).
(c) Due to factors beyond our control, although we use our expertise to assist you in achieving an outcome,
we cannot be responsible for achieving the outcome.
(d)Without prejudice to 6(b) our liability to you is limited to the cost of the course of treatment of service.
(e) For the avoidance of doubt, time shall not be of the essence and We shall incur no liability to You in
respect of any Services completed to revised timescales
(f) You will be liable to Us for any direct losses, consequential loss, loss of profits, business revenue,
goodwill or anticipated savings howsoever caused including your failure to comply with Clause 7 (seven).

7. YOUR OBLIGATIONS
To enable the Us to perform our obligations you will:
(i) Co-operate with Us at all times and comply with any reasonable requirements/advice by Us;
(ii) You understand that our treatment and advice is based not only on our assessment of your health but
on information provided by you. You confirm that You will provide Us with all relevant information regarding
your health and medical history throughout the Services and that such information is wholly complete,
accurate and a true representation of your overall health and medical history.
(iv) Obtain all necessary permissions and consents, which may be required before the commencement of
the Services, the cost of which shall be Your responsibility;
(v) Ensure that the locations where the Services shall be performed are safe, clean and hygienic at all
times; and (vi) Comply with such other requirements as may be set out in the Proposal or otherwise agreed
between the parties.

8. OUR OBLIGATIONS
(a) We shall perform the Services with reasonable skill and care and to a reasonable standard in
accordance with recognised standards and codes of practice.
(b) We comply with the requirements of the Data Protection Act 1998 and the principles in relation to data
protection. 

9. GENERAL
(a) Prior to each session you will assess your general health and well being, and ensure that you are in a
fit and proper state to undertake physical activities. We make any appointment relying on that representation.
If, in our judgement, we assess that you are not in a fit and proper state to undertake such exercise then
the specified session shall be deemed to be cancelled by You at that point. 
(b) All intellectual property in any materials or programs given by us to you shall at all times remain property
of ITE.
(c) You agree that all Services shall be provided to you by us and that you shall not directly engage our
Trainers for these services without our prior consent during and for a period of 12 months upon completion
of the Services.  
(d) If you make any offer on your own behalf or assist a connected third party to make an offer of employment,
payment, sponsorship or any other inducement to the Trainer either during and for a period of 12 months upon
completion of the Services, that results in a reduction in the Trainer’s ability to provide the Services to Insider
Training Europe™ Ltd, you agree to pay Insider Training Europe Ltd a single payment of £10,000 in liquidated
damages in accordance with this Agreement in respect of the loss of income for Insider Training Europe™ Ltd.
9e) If clause 9 (d) is likely to represent other that a genuine pre estimate of losses, an actual assessment of
gross loss of profit shall be substituted above likely that or at our discretion our reasonable estimate of a year’s
loss of profit. 
(e) You may not without our prior written consent assign or transfer the Contract or any part of it to any other
person.
(f) Each party shall treat all Confidential Information belonging to the other party as confidential and safeguard
it accordingly; and shall not disclose any Confidential Information belonging to the other party to any other
person without the prior written consent of the other party, except to such persons and to such extent as may
be necessary for the performance of the Agreement.
(f) These terms and conditions shall be governed and interpreted in accordance with English law, and you
consent to the non-exclusive jurisdiction of the English courts.

10. ACCEPTANCE OF TERMS
By using the Website, you signify your agreement to these Terms of Service, as well as Insider
Training Europe™ Privacy Policy, found here and incorporated herein by reference.

Insider Training Europe™ may, in its sole discretion, modify or revise these Terms of Service and 
policies at any time, and you agree to be bound by such modifications or revisions. You should 
periodically review the most up-to-date version, which will always be posted at Insider Training 
Europe™ Terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights
or benefits.

11. THIRD PARTY WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Insider 
Training Europe™. Insider Training Europe™ has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party websites, including privacy and data 
gathering practices. In addition, Insider Training Europe™ will not and cannot censor or edit the
content of any third-party site. By using the Website, you expressly relieve and release Insider
Training Europe™ from any and all liability arising from your use of any third party website.

12. FEES 
You acknowledge that Insider Training Europe™ charges fees for its services, and Insider 
Training Europe™ reserves the right to change its fees from time to time in its discretion. If Insider 
Training Europe™ terminates your Membership because you have breached these Terms of 
Service, you may not be entitled to a refund of any unused portion of membership or other fees.

13. PERMISSIONS AND RESTRICTIONS
Insider Training Europe™ hereby grants you permission to access and use the Website as set forth
in these Terms of Service, provided that you agree not to distribute in any medium any part of the 
Website, without Insider Training Europe™ prior written authorisation and you agree not to alter or 
modify any part of the Website or any of its related technologies.

You will otherwise comply with the Terms of Service and all applicable local, national, and international
laws and regulations.

Insider Training Europe™ reserves the right to discontinue any aspect of the Website at any time.

14. CONTENT
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, 
sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to Insider Training Europe™, subject 
to copyright and other intellectual property rights under UK law. Content on the Website
is provided to you as is for your information and personal use only and may not be downloaded, copied, 
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any 
other purposes whatsoever without the prior written consent of the respective owners. Insider Training 
Europe™ reserves all rights not expressly granted in and to the Website and the Content.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of user submissions of third parties obtained 
through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Insider
Training Europe™ website or features that prevent or restrict use or copying of any Content or enforce 
limitations on use of the Website or the Content therein.

15. TRADEMARKS
Insider Training Europe™ and other graphics, logos, designs, page headers, button icons, scripts and 
service names are trademarks, trade names or trade dress of Insider Training Europe™ in the UK and/or
other countries for which applications are pending. Insider Training Europe™ trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain names, in connection with any 
product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, 
in whole or in part, without the prior written permission of Insider Training Europe™.

16. LIMITATION OF LIABILITY
In no event shall Insider Training Europe™, its officers, members, employees, or agents, be liable to you for
any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content 
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use
of the Website 
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or 
financial information stored therein 
(iv) any interruption or cessation of transmission to or from the Website 
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any 
third party, and/or 
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your 
use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based
on warranty, contract, tort, or any other legal theory, and whether or not Insider Training Europe™ is advised 
of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted
by law in the applicable jurisdiction. You specifically acknowledge that Insider Training Europe™ shall not be 
liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk 
of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Insider 
Training Europe™ from its facilities in the UK.

QUESTIONS
Please contact us at: info@insidertrainingeurope.com with any questions regarding these Terms of Service.


 

 

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