This Site is owned and operated by Optimum Health and Sports Performance Ltd. Optimum Health and Performance, theoptimumcoach and Optimum are the trading names of Optimum Health and Sports Performance Ltd. Registered in England 07338518. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the services provided by Optimum Health and Sports Performance Ltd on the Site. Please read these terms and conditions carefully.
Your use of the Site, the purchase of any Products or Services on this Site will be subject to these terms and conditions. And you now hereby agree to our Terms and Conditions. If you access and use this web site “www.theoptimumcoach.com, you accept and agree to be bound by and comply with these terms (the “Terms”). If you do not accept the Terms, please do not use the Site. We reserve the right to change our Terms and Conditions so it is the users’ responsibility to check them regularly.
Optimum Health and Sports Performance Ltd may change these Terms and Conditions from time to time. By browsing the Site, you are accepting that you are bound by the current Terms and Conditions. You should check these each time you revisit the Site. These Terms and Conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
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.
Payments
All payments are to be completed through Stripe Payments.
Important Liability Statement
The information available on or through this Site, and the Services supplied via or in connection with this Site do not constitute medical advice and it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that such contents and services are suitable for you. It is not our responsibility to do so. Before commencing any exercise regime, you should consult your doctor. It is also vital that you supply us with correct information about yourself. We cannot be liable for any incorrect information supplied by you to us. We try to make sure that all information contained on this web site (and provided by us to you as part of any Services or Products) is correct, but, subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you (your legal representatives, heirs) may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this web site or provided through any Service supplied by us to you. You, your legal representatives and your heirs release waive, discharge and covenant, not to sue Optimum Health and Sports Performance Ltd and its coaches for any injury or death caused by their negligence or other acts.
Liability Waivers
All clients are required to sign a liability waiver before the Optimum Fitness Lifestyle service can commence.
Health Commitment Statement (HCS) Form
All clients are required to complete a HCS form before the Optimum Fitness Lifestyle service can commence to help determine the safety or possible risk of exercising based on their answers to specific health history questions.
Warranties
Optimum Health and Sports Performance Ltd warrants that the Products and Services will be supplied with reasonable skill and care.
Statutory Rights, Refunds and Cancellation
The Client shall not transfer coaching package to any other person or permit them to be used by anyone other than the Client’s. Any assignment, transfer or disposal of courses is at the sole discretion of Optimum Health and Sports Performance Ltd and may only be permitted in exceptional circumstances. Contract fees are non refundable. The rights of cancellation and refund and any limitation expressed in these Terms and Conditions do not affect your statutory rights as a consumer.
Definitions
In these Terms and Conditions, the following definitions apply:
“Services” means any information and services ordered and/or provided by Optimum Health and Sports Performance Ltd through or via the Site. Any electronic information supplied to you by Optimum Health and Sports Performance Ltd will constitute part of “Service” not a Product and cancellation rights will apply accordingly. “Products” means any products offered for sale on the Site or in the Optimum Health and Sports Performance Ltd facility.
“Site” means the website at the URL www.theoptimumcoach.com or replacement site(s) from time to time.
Site Usage and Intellectual Property Rights
You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any commercial purpose. Except to the extent expressly set out in these Terms and Conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on the Site, include or create links to or from the Site without our written authority, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies thereof. You must not use this Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of Optimum Health and Sports Performance Ltd. Optimum Health and Sports Performance Ltd accepts no obligation to monitor the use of the Site, but reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.
Your Personal Information
Usage of your personal information is governed by the Optimum Health and Sports Performance Ltd privacy policy, which forms part of these Terms and Conditions.
Liability
You are referred to the important liability statement at the top of these Terms and Conditions. Subject to that statement you agree that your use of this Site and the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, Optimum Health and Sports Performance Ltd does not enter into conditions, warranties or other terms in relation to the Site or the Products or the Services or any guaranteed or predicted result. The Site may include links to external sites and co-branded pages. Optimum Health and Sports Performance Ltd has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, However, Optimum Health and Sports Performance Ltd is not responsible for the content of these site and pages or for anything provided by them.
Subject to the important liability statement, Optimum Health and Sports Performance Ltd is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
Suspension and termination of Service
Optimum Health and Sports Performance Ltd may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free. Optimum Health and Sports Performance Ltd may terminate the Service immediately in the event you breach any of these terms and conditions or do not pay any sums due to Optimum Health and Sports Performance Ltd (including if the credit/debit card you use is not valid or does not work for another reason).
Contract Information
No contract will exist in relation to the Services or Products until we have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased.
Enquiries or Complaints
If you have any enquiries or complaints email [email protected]
General Data Protection Regulation (GDPR)
Privacy Notice
We issue this privacy notice in the interests of transparency over how we use (“process”) the personaldata that we collect from clients (“you”).
Personal data for these purposes means any information relating to an identified or identifiable person.
“Sensitive personal data”meanspersonal data consisting of information as to –
- the racial or ethnic origin of the individual,
- their physical or mental health or condition,
- genetic data; and
- biometric data where processed to uniquely identify a person (for example a photo)
Purpose of processing the data
It is necessary for us to process personal data of clients for the following reasons:
- We will need the information in order to identify the individual for the purposes of using our online booking system;
- We will need to maintain that information for the general purposes of the ongoing exercise training relationship including performing the client service agreement and maintaining the health and safety of individuals when on our premises.
Our legal basis for processing personal data of clients is that:
- Processing the personal data is necessary for the purpose of carrying out the exercise and nutrition programmes
- Processing the data is necessary to protect the vital interests of an individual (for example, we have to regularly update client programmes and are responsible for the health and safety of clients when on our premises, and so it is necessary to process data relating to those individuals for that reason)
Our “legitimate interests” for these purposes are:
- the need to process data on clients for the purposes of assessing their progression during their training;
- the need to gather data for the purposes safeguarding the health and safety of clients
We may from time to time need to process sensitive personal data, for example information relating to the health and well being of an individual. In that case we will either obtain the explicit consent of the individual to the processing of such data or we may consider the processing of that data as being necessary for carrying out our obligations as fitness professionals. That will be assessed on a case by case basis.
There is no strict statutory or contractual requirement for you to provide data to us but if you do not provide at least that data that is necessary for us to assess your health and fitness and then to conduct the training relationship then it will not practically be possible for us to work with you.
Recipients of personal data
Your personal data may be received by the following categories of people:
- Any individual authorised by us to maintain personnel files;
- Our professional exercise and nutrition advisers; and
- Appropriate external regulators and authorities (such as HSE)
We do not envisage that your data would be transferred to a third country. If we perceive the need to do that we would discuss that with you and explain the legal basis for the transfer of the data at that stage.
Duration of storage of personal data
We will keep personal data for no longer than is strictly necessary, having regard to the original purpose for which the data was processed.
Your rights in relation to your personal data
- The right to be forgotten
You have the right to request that your personal data is deleted if:
- it is no longer necessary for us to store that data having regard to the purposes for which it was originally collected; or
- in circumstances where we rely solely on your consent to process the data (and have no other legal basis for processing the data), you withdraw your consent to the data being processed; or
- you object to the processing of the data for good reasons which are not overridden by another compelling reason for us to retain the data; or
- the data was unlawfully processed; or
- the data needs to be deleted to comply with a legal obligation.
However, we can refuse to comply with a request to delete your personal data where we process that data:
- to exercise the right of freedom of expression and information;
- to comply with a legal obligation or the performance of a public interest task or exercise of official authority;
- for pubic health purposes in the public interest;
- for archiving purposes in the public interest, scientific research, historical research or statistical purposes; or
- the exercise or defence of legal claims.
- The right to data portability
You have the right to receive the personal data which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided (us) where:
- the processing is based on consent or on a contract; and
- the processing is carried out by automated means.
Note that this right only applies if the processing is carried out by “automated means” which means it will not apply to most paper based data.
- The right to withdraw consent
Where we process your personal data in reliance on your consent to that processing, you have the right to withdraw that consent at any time. You may do this in writing to the company director.
- The right to object to processing
Where we process your personal data for the performance of a legal task or in view of our legitimate interestsyou have the right to object on “grounds relating to your particular situation”. If you wish to object to the processing of your personal data you should do so in writing to the company director stating the reasons for your objection.
Where you exercise your right to object we must stop processing the personal data unless:
- we can demonstrate compelling legitimate grounds for the processing, which override your interests, rights and freedoms; or
- the processing is for the establishment, exercise or defence of legal claims.
- The right of subject access
So that you are aware of the personal data we hold on you, you have the right to request access to that data. This is sometimes referred to as making a “subject access request”.
- The right to rectification
If any of the personal data we hold on you is inaccurate or incomplete, you have the right to have any errors rectified.
Where we do not take action in response to a request for rectification you have the right to complain about that to the Information Commissioner’s Office.
- The right to restrict processing
In certain prescribed circumstances, such as where you have contested the accuracy of the personal data we hold on you, you have the right to block or suppress the further processing of your personal data.
- Rights related to automated decision making and profiling
The GDPR defines “profiling” as any form of automated processing intended to evaluate certain personal aspects of an individual, in particular to analyse or predict:
- performance at work;
- economic situation;
- health;
- personal preferences;
- reliability;
- behaviour;
- location; or
- movement
You have the right not to be subject to a decision when it is based on automated processing; and it produces a legal effect or a similarly significant effect on you.
Complaints
Where you take the view that your personal data are processed in a way that does not comply with the GDPR, you have a specific right to lodge a complaint with the relevant supervisory authority. The supervisory authority will then inform you of the progress and outcome of your complaint. The supervisory authority in the UK is the ICO.