"Any person or entity (“user”), who uses or accesses the site at thisistrainwright.com (“site”) and/or TRAINWRIGHT app (“app”) (Apple App Store & Google Play Store) or any information contained in the site/app, agrees to and is bound by the following terms and conditions of this registered user agreement (“agreement”).
When you register with the Site and/or make a purchase through the App, you are contracting with Catalyst Global Ltd & Catalyst Global Fitness Ltd, companies registered in London, UK with company number 10738663 & 12509101 respectively with its registered offices at G03, Edinburgh House, 170 Kennington Lane, SE11 5DP. Catalyst Global Ltd & Catalyst Global Fitness Ltd is referred to in these terms and conditions as “we”, “us”, “our” or “Catalyst”.
Catalyst recommends that you consult with your doctor, GP or relevant medical professional before beginning any exercise or nutrition regimen. You should be in good physical condition and be able to safely participate in high intensity exercise. Any information, ideas or suggestions within this guide are intended only for general purposes and should be treated as such. These general guidelines have not been designed to meet individual requirements; accordingly, such information should not be interpreted as a substitute for specialist consultation, evaluation or treatment. Not all suggestions are suitable for all people. If you feel at all unwell or uncomfortable, desist from using the guide and seek medical referral.
Catalyst is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Catalyst makes no representations that this guide and any information contained is accurate, complete or current. By engaging in this exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities and subject to the below section entitled ‘Liability and your rights’ assume all risk of injury to yourself, and agree to release and discharge Catalyst from any and all claims in relation to your use of the site or the digital content supplied hereunder.
Liability and your rights
Nothing in this agreement shall exclude or limit in any way our liability to you where it would be unlawful to do so. This includes but is not limited to liability for death or personal injury caused by our negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Nothing in this agreement shall affect your statutory rights.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
This site and the digital content supplied on it is solely for the use of those people over the age of 18.
Your Personal Information
This Site/App is intended only for the purposes specified on the Site/App, and use of the Site/App and/or all content contained within the Site/app (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, sometimes at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Please note that Catalyst does not represent or warrant that the Site/App or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.
Ownership of Content
Catalyst, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site/App and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site/App or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site/App or under applicable law. The Site/App and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense or for any commercial or partly-commercial re-sale or other use.
If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site/App, please immediately report such material (and the specific page on which it is found) to email@example.com
Your Use of the Site/App and the Content
You agree to not use the Site/App or any of the Content for any reason other than as authorised by Catalyst solely via the normal functionality of the Site/App.
If you upload any material to the Site/App (including, without limitation, written material comments) you hereby grant to us a worldwide, non-exclusive licence to use that material in any media and, specifically, to make that material available via the Site/App and other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange your material as necessary for purposes related to the Site, and to remove the material at any time.
Prices and Payment
The price of the digital content (which includes VAT) will be the price indicated on the order pages when you placed your order. Whilst we use our best efforts to ensure that all prices on the Site/App are accurate, errors do sometimes occur. We will normally verify the applicable price in each instance as part of the Order Confirmation. If a pricing error is found in your order, we will contact you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you choose to cancel your order for this reason, we will refund or re-credit you for any sum that has been paid by you or debited from your debit/credit card for the Products. If we are unable to contact you, we will treat the order as cancelled.
Payment for all digital content may be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Maestro, Discover and American You must pay for the content before you download it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled, and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the charges. No refunds are offered on individual plan purchases made through the Site.
In respect of the App, we offer one (1), three (3) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
Renewal and termination
Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on. If the account was created on the site the subscription can be cancelled by going to the settings page on the site. For App cancellations your Subscription was created as an In-App Purchase (via Apple App Store or Google Play Store) you must cancel your subscription via Apple Subscriptions or the Google Play Store. You may cancel your Subscription by following the steps above. Please note a refund will not be issued upon cancellation. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Site/App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you.
By placing an order through the Site/App, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by this Agreement. To place an order, you will be required to provide complete and accurate personal details on the order form. This will include some or all of the following: first name, surname, email address, telephone number, invoicing and delivery address. After placing an order, you may receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgement and does not mean that your order has been accepted. Your order constitutes an offer to buy digital content on these terms and conditions. All orders are subject to acceptance by us and we will confirm such acceptance by sending you a personal order confirmation e-mail (“Order Confirmation”). The sale and purchase contract between us will only be formed when we send you the Order.
We reserve the right to reject your order for any reason prior to acceptance.
We will make the digital content available for download by you as soon as we accept your order and us such there is no ‘cooling off’ period in relation to your purchase.
You agree to indemnify Catalyst for any loss or damage that may be incurred by Catalyst, including without limitation legal fees, arising from any breach by you of any warranty or other terms herein or your misuse of any material or information obtained through the Site/App. You further undertake to indemnify Catalyst for all loss or damage incurred by Catalyst in relation to any third party claim against Catalyst for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
General Site/App Disclaimer for Services
Except as expressly set out above, the Service and the Products are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. In addition, we do not represent or warrant that the Site/App or its contents will be free of defects, including without limitation viruses or other harmful elements. You agree and accept that Catalyst shall not be liable for any change, suspension or interruption to the Site/App or the Service. Catalyst provides no warranty regarding continuous access to the Site/App or the services, as operations of the Site/App may be interfered with by numerous factors outside of our control.
The brands, products and service names used or appearing within the Site/App (including, without limitation, “Catalyst”) are the trademarks or trade names of Catalyst or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Catalyst.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site in any manner. If you in any way interfere with the Site/App, you agree to pay all damages incurred by Catalyst. Catalyst will cooperate with the authorities in prosecuting any User who interferes with the Site/App or otherwise attempts to defraud Catalyst or any other parties through User’s use of the Site/App or services provided via the Site/App. Catalyst reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User’s continued use of the Site/App. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site/App. User’s continued use of the Site/App or services constitutes agreement with and acceptance of any such amendment or other changes. Please note, If order volumes exceed our daily order capacity we cannot be held responsible for meeting the stipulated deadlines. We do not store credit card details nor do we share customer details with any 3rd parties. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.