Legal notices
Privacy Policy & Terms and Conditions
Privacy Policy
Introduction
Welcome to JSH Coaching and Nutrition Ltd.’s (SC739253) (JSH) privacy policy.
JSH respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this privacy policy.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED?
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY
- DATA RETENTION
- YOUR LEGAL RIGHTS
- GLOSSARY
- Important information and who we are
Purpose of this privacy policy
This privacy policy aims to give you information on how JSH collects and processes your personal data through your use of this website, including any data you may provide to us when you purchase our digital content, exercise and diet plans or any of our products and services.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
JSH Coaching and Nutrition Ltd. is the controller and responsible for your personal data (collectively referred to as JSH Coaching and Nutrition Ltd., JSH, we, us or our in this privacy policy).
If you have any questions about this privacy policy, including any requests to exercise your legal rights as outlined below, please contact us using the details set out below.
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:
Full name of legal entity: JSH Coaching and Nutrition Ltd (SC739253)
Email address: info@jshcoachingandnutrition.co.uk
Postal address: Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD
Telephone number: 07880695093
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. This version was last updated on 24 August 2022. Historic versions can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey/questionnaire responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel the contract you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact, Profile and Financial Data by filling in forms or by corresponding with us on Trainerize, phone, e-mail or otherwise. This includes personal data you provide when you:
- reply to the questions in the Coaching Questionnaire and Lifestyle Readiness questionnaires;
- create an account on Trainerize;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us feedback or contact us.
- Automated technologies or interactions. As you interact with us, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
- Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical Data from the following parties:
- analytics providers such as Google based outside the UK;
- advertising networks; and
- search information providers.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
- Identity and Contact Data from data brokers or aggregators.
- Identity and Contact Data from publicly available sources.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal obligation.
Please see the Glossary to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
To make suggestions and recommendations to you about goods or services that may be of interest to you
Purpose/Activity |
Type of data |
Lawful basis for processing including basis of legitimate interest |
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey |
(a) Identity (b) Contact (c) Profile (d) Marketing and Communications |
(a)Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
To enable you to partake in a prize draw, competition or complete a survey |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications |
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
(a) Identity (b) Contact (c) Technical |
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical |
Necessary for |
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
(a) Technical (b) Usage |
Necessary for |
To make suggestions and recommendations to you about goods or services that may be of interest to you |
(a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our products services and grow our business) |
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may share your personal data with the parties set out below for the purposes set out in the table “Purposes for which we will use your personal data” above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Specific third parties listed in the table “Purposes for which we will use your personal data” above.
- Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
Many of our external third parties are based outside of the UK so their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguard is implemented:
- Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Under certain circumstances, you have the below rights under data protection laws in relation to your personal data:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
External Third Parties
- Service providers acting as processors who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Terms and Conditions
Where to find information about us and our products and services
You can find everything you need to know about us, JSH Coaching & Nutrition Ltd. (SC739253), (JSH) our products or services on our social media pages, website or on Trainerize before you order. We also confirm the key information to you either on Trainerize or by e-mail.
Disclaimer notices
Training is physically challenging and carries with it risks. We cannot entirely eliminate these risks. When you are using our products and services you agree that you must;
- act responsibly at all times;
- not participate if you are pregnant or under the influence of alcohol or drugs; and
- follow any safety warnings or instructions displayed or given to you.
We are not qualified to express an opinion that you are fit to safely participate. You must obtain professional or specialist advice from your doctor or other health professional before participating in any training, diet/nutrition plan or otherwise using our products and services. In the absence of any negligence or other breach of duty by us, your participation is entirely at your own risk.
You are responsible for using equipment safely and as directed. You must behave sensibly and follow any safety instructions so as not to hurt or injure yourself or others. In the absence of any negligence or other breach of duty by us, the use of machinery, equipment or facilities is entirely at your own risk.
When you buy from us you are agreeing that:
- We only accept orders when we’ve checked them.
- Sometimes we reject orders.
- We charge you when you order.
- We’re not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- You’re responsible for making sure your fitness, diet tracking or measurements are accurate and up to date.
- We charge you, even if you don’t give us all of the information we need or do any of the preparatory work as agreed with us.
- If you are a consumer and you bought online, you have a legal right to change your mind.
- You can end an on-going contract using Trainerize or by e-mailing us at info@jshcoachingandnutrition.co.uk
- You can pause your on-going contract.
- You have rights if there is something wrong with your products or services.
- We own the Intellectual Property of our products and services.
- We can change the products or services we provide, and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw the products and services.
- We can end our contract with you.
- We don’t compensate you for all losses caused by us or the products or services.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.
We only accept orders when we’ve checked them
We contact you to confirm we’ve received your order and then we contact you again to confirm we’ve accepted it.
Sometimes we reject orders
Sometimes we reject orders, for example, because we can’t verify your age, or because the products or services have been mispriced by us. When this happens, we will let you know as soon as possible and refund any sums you have paid.
We charge you when you order
However, for some products or services, we take payment at regular intervals, as explained to you during the order process.
We’re not responsible for delays outside our control
If our supply of your product or service is delayed by an event outside our control, including but not limited to:-
- destruction to premises or property by any cause;
- loss of power or water to premises or property by any cause;
- loss of an internet connection for an extended period of time for any cause;
- loss of access to the Trainerize App; or
- loss of any other utility which is required for the provision of our products and services.
We will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us on Trainerize or e-mail to end the contract and receive a refund for any products or services you have paid for in advance, but not received, less reasonable costs we have already incurred.
Products or services can vary slightly from their pictures or advertisements
All of the products and services we provide are bespoke to each individual client, so they will not always reflect or match marketing materials, or what other clients receive from us.
You’re responsible for making sure your information is accurate and up to date
If we’re tailoring or supplying products or services to you based on information that you provide, you’re responsible for making sure that information is correct and up to date. For example, if there are any changes to the answers you gave us in the Coaching Questionnaire or Lifestyle Readiness Questionnaire, you need to update us of these changes immediately.
We charge you if you don’t give us the information we need to do preparatory work as agreed with us
We will charge you, even if you don’t give us the information we’ve asked for. For example, if the information that we receive is wrong, the products or services we have designed for you may not be suitable. In this case, we would still charge you while we waited for correct information to be supplied and while we created products or services that were more suitable.
If you are a consumer and you bought online, you have a legal right to change your mind
Your legal right to change your mind. For most of our products and services bought online, you have a legal right to change your mind about your purchase and receive a refund. This is subject to some conditions, as set out below.
When you can’t change your mind.
You can’t change your mind about an order for:
- digital products, after you have started to download or stream;
- goods that are made to your specifications or are clearly personalised.
The deadline for changing your mind. If you change your mind about a product or service you must let us know no later than 14 days after:
- the day we confirm we have accepted your order, if it is for a service, for example; training sessions or diet/nutrition plans.
- the day we confirm we have accepted your order, if it is for digital products for download or streaming (for example, recorded exercises that are not live training sessions), although you can’t change your mind about digital products once we have started providing them.
If the 14 day period has expired and you want to cancel, you will not receive a refund, however at our sole discretion, we may offer you coaching credits which you can use to redeem at a later date.
How to let us know. To let us know you want to change your mind, fill in the online form on Trainerize or e-mail us at info@jshcoachingandnutrition.co.uk.
You have to pay for services you received before you change your mind. If you bought a service (such as personal training) we don’t refund you for the time you were receiving it before you told us you’d changed your mind.
When and how we refund you. If your product is a service, digital content or goods that haven’t been delivered, we refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment.
You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact us on Trainerize or e-mail us at info@jshcoachingandnutrition.co.uk.
You can pause your on-going contract
If you want to take a break from receiving products and services, please contact us on Trainerize, or you can e-mail us at info@jshcoachingandnutrition.co.uk. There are no penalties for pausing the contract.
You have rights if there is something wrong with your product
Return the product to us. If you think there is something wrong with your product, you must contact us on Trainerize or you can e-mail us at info@jshcoachingandnutrition.co.uk. We honour our legal duty to provide you with products that are as described to you on our website or on Trainerize and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us.
Summary of your key legal rights If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: · Up to 30 days: if your goods are faulty, then you can get a refund. · Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. · Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: · If your digital content is faulty, you’re entitled to a repair or a replacement. · If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. · If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation If your product is services, the Consumer Rights Act 2015 says: · You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it. · If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable. · If a time hasn’t been agreed upfront, it must be carried out within a reasonable time. |
We own the Intellectual Property of our products and services
Intellectual Property includes copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world and all works, including all records, reports, documents, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software, and all other materials in whatever form, including but not limited to hard copy and electronic form, prepared by us in the provision of creating and providing products and services.
We can change products and these terms
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the product; and
- to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates; and
- As your plan and fitness goals change, we will update products or services according to your progress.
Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the product or these terms, but if we do so we’ll notify you and you can then contact us on Trainerize or you can e-mail us at info@jshcoachingandnutrition.co.uk to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance, but won’t receive.
We can suspend supply (and you have rights if we do)
We can suspend the supply of a product. We do this to:
- deal with technical problems or make minor technical changes;
- occasionally, in-person or online training sessions may be suspended as a result of staff shortages or illnesses;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see We can change products and these terms).
We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we’re going to suspend supply, for more information you can contact us on Trainerize or you can e-mail us at info@jshcoachingandnutrition.co.uk to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.
We can withdraw products
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know in advance and we refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the products or services, for example, the information requested in the Coaching Questionnaire or Lifestyle Readiness Questionnaire.
We don’t compensate you for all losses caused by us or our products
Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section; We’re not responsible for delays outside our control.
- Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us, or physical injuries as a result of not following instructions.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice on our website.
You have several options for resolving disputes with us
Our complaints policy. We will do our best to resolve any problems you have with us. You can contact us on Trainerize or e-mail us at info@jshcoachingandnutrition.co.uk.
You can go to court in Scotland. These terms are governed by Scots law and the Scottish courts have exclusive jurisdiction to settle any disputes that may arise between us. Wherever you live, you can only bring claims against us in the Scottish courts. We can also make claims against you in the Scottish courts, regardless of where you live.
Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product or service. We’ll contact you to let you know if we plan to do this. If you’re unhappy with the transfer you can contact us on Trainerize or you can e-mail us at info@jshcoachingandnutrition.co.uk to end the contract within 14 of us telling you about it and we will refund you any payments you’ve made in advance for products or services that will not be provided.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.