top of page

KayIsMyPT Terms and Conditions

Updated May 2021

​

These Terms explain how you may use this website (the Site), and our Fitness Application (the Application), which are jointly referred to as ‘the Platform’.

​

References in these Terms to the Site includes the following websites and all associated subdomains and web pages: www.kayismypt.com

​

If you have any questions about the Platform, please contact us by using the following e-mail address: admin@kayismypt.com.

​

KayIsMyPT (or any of its employees, agents or representatives), are not engaged in rendering medical advice, nor does it (or any of its employees, agents or representatives) hold itself of out as qualified to do so.

We strongly recommend that you seek professional medical advice before starting on any diet or exercise program.

​

Definitions:

​

  • "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Platform;

  • "Terms" means these terms and conditions of use as updated from time to time;

  • "Intellectual property rights" means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

  • "Unwanted Submission" has the meaning given to it in the section entitled "submitting information to the Platform";

  • "Acceptable use policy" means this policy (www.kayismypt.com/terms), which governs your permitted use of the Platform;

  • "Online terms and conditions of sale" means these terms and conditions (www.kayismypt.com/terms), which will apply to you ordering goods, services and/or digital content using the Platform;

  • "Privacy policy" means the policy www.kayismypt.com/privacy-policy which governs how we process any personal data collected from you;

  • "Site" means the following websites and all associated subdomains and web pages: www.kayismypt.com;

  • “Fitness Application” means the application platform associated with our services to you;

  • "We, us or our" means KAYISMYPT whose office is at: Burghfield, Reading

  • References to us in these Terms also includes any group companies which we may have from time to time;

  •  "You or your" means the person accessing or using the Platform or its Content.  

  • Your use of the Platform means that you must also comply (where applicable) with our:

    • Terms and conditions

    • Privacy policy

 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.

​

Services

We provide online personal training services via the Platform www.kayismypt.com, and associated mobile application.

 

Registration

You must register to receive our services, which will include providing us with personal information, such as contact details, e-mail address, and medical details about your personal health which we will safeguard according to our privacy policy.

 

Our platform will require you to use a login and password to access our services. You agree to keep this information confidential, and not disclose this information to anyone. If you suspect that someone else has access to your account or you are unable to access it, you should notify us immediately  (admin@kayismypt.com)

If we suspect that your account is being mis-used, we may disable it until we are able to confirm with you that it has been secured.

 

You agree that you are solely responsible for:

  • All costs and expenses you may incur in relation to your use of the Platform; and

  • Keeping your password and any other account details which may be necessary or required confidential.

  • We seek to make the Platform as accessible as possible. If you have any difficulties using the  Platform, please contact us at admin@kayismypt.com. 

  • Should you fail to pay any relevant fees to gain access to any or all relevant platforms, areas or features on the  Platform you shall not be permitted to access or use such areas or features until any due payment is received by us.

 

We may prevent or suspend your access to the  Platform if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

​

Cancellation and Refunds

You agree to pay for our services monthly, in advance, for which there will be no refunds issued.

Should you wish to cancel your agreement with us, please notify us in writing by email (admin@kayismypt.com).

 

Our Liability

We are not engaged in providing medical advice, nor are we as qualified to do so.

We strongly recommend that you seek professional medical advice before starting any diet or exercise program.

Any exercise program, even if you are healthy, carries risk. You agree to exercise you own judgment, as well as any other considerations, before acting on any of the content provided by us.

​

Where we provide you with a Fitness Programme, the information contained should not be relied upon as being a comprehensive health or exercise programme. Any actions that you take in relation to our programme should not be pursued regardless or to the exclusion of other information, opinions or judgments that are available to you.

Any Fitness Programme will be prepared on the basis of information provided by you to us. You are responsible for the accuracy of information that you provided. You are responsible for telling us about any health issues or medical conditions when asking us to prepare a Programme.

Before taking any action in relation to a Fitness Programme, you must take into account any other factors apart from it, of which you are or should be aware.

 

Using the Platform

The Platform is for your personal, non-commercial, and non-exclusive use only. As long as you comply with these Terms of Use KAYISMYPT grants you a personal, non-exclusive, non-transferable, and non-commercial limited privilege to use the Platform as a paid client.

​

You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the  Platform, or in any way reproduce or circumvent the navigational structure or presentation of the  Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the  Platform.

​

You may not attempt to gain unauthorised access to any part or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, or to any of the services offered on or through the  Platform, by password "mining", hacking or any other illegitimate means.

​

You may not scan, probe or test the vulnerability of the  Platform or any network connected to the  Platform, nor breach the security or authentication measures on the  Platform or any network connected to the  Platform.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the  Platform, or any other customer of ours, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

​

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or our systems or networks, or any systems or networks connected to the  Platform.

​

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the  Platform.

​

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the  Platform or any service offered on or through the  Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

​

You may not use the Platform or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.

The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.

 

Ownership, use and intellectual property rights

This Platform and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

 

Nothing in these Terms grants you any legal rights in the Platform other than as necessary to enable you to lawfully access the Platform as intended and authorised by us. You agree not to adjust to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.

 

Accuracy of information and availability of the Platform

While we try to make sure that the Platform is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on this Platform is at your own risk. We or our providers may suspend or terminate operation of the Platform at any time as we or they see fit.

 

Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

 

While we try to make sure that the Platform is available for your use, we do not promise that the Platform is available at all times nor do we promise the uninterrupted use by you of the Platform.

 

Our business relies on our Website and Application Platform which are provided by 3rd party companies, on which our content is hosted and stored. We have no control over these companies, and thus cannot be responsible for problems or availability issues with our Website and Application Platform which are provided by them.

​

We shall use reasonable endeavours to report issues to the provider using their support service should you report such an issue to us, or we discover one.  

 

Hyperlinks and third party Sites

The Platform may contain hyperlinks or references to third party websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

​

​Events beyond our control

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; failure of 3rd parties, flood, fire, explosion or accident.

 

Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

 

Disputes

We will try to resolve any disputes or complaints with us that you may have quickly and efficiently. If you are unhappy with our services, please contact us as soon as possible.

 

We shall always endeavour to resolve any problem or issue that may arise between you and us as efficiently and smoothly as possible, however where this is not possible and you wish to raise a formal complaint, we can be contacted by email using the following email address: admin@kayismypt.com

We shall always aim to remedy your complaint immediately. Where such remedy is not available immediately, we shall acknowledge receipt of your complaint in writing within 14 working days of the complaint being made. Where your complaint concerns services provided by us through the Platform, we shall aim to give you our response within 14 days after the complaint has been received by us.

 

Where the complaint relates to exceptional circumstances which are beyond our control, such circumstances include but are not limited to: internet service provider failure; power failure; acts of God; pandemic; epidemic; fire; flood; droughts; storms; civil unrest; collapse of buildings; earthquakes; explosion; accidents; acts of war or terrorism; or any law or actions taken by government or public authorities or any other event that is beyond our control we shall aim to respond to your complaint within a maximum of 90 working days of the complaint being made.

​

If your complaint does not relate to any service provided by us through the Platform, we shall aim to provide a response to your complaint within 4 weeks of the complaint being made and where we shall take longer than 4 weeks we shall inform you of this.

​

If you and we cannot resolve a dispute using our complaint handling procedure, we will:

  • let you know that we cannot settle the dispute with you; and

  • give you certain legally required information about an alternative dispute resolution provider.

  • If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

 

Relevant United Kingdom law will apply to these Terms.

​

​

bottom of page