Terms and Conditions

This page tells you information about us and the legal terms and conditions (the “Terms”) on which we provide our services (the “Services”) listed on our website (“our site”) to you. 

These Terms will apply to any contract between us for the use of our Services by you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before using our Services.  Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.

Through our website gym users can search for local gyms which meet certain criteria.  Personal trainers can also register on our website and gym users can book and pay for personal training sessions.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you do not accept these Terms then you will not be able to use our Services.

You should print a copy of these Terms or save them to your computer for future reference. A copy can be found here.

These Terms were most recently updated on 1st October 2018.

These Terms, and any Contract between us, are only in the English language.

  1. INFORMATION ABOUT US
    1. We operate the website www.huntdownfitness.co.uk. We are Huntdown® LTD, trading as Huntdown Fitness, a company registered in England and Wales under company number 11189278 and with our registered office at 23 Oarsman House, Wainwright Avenue, Greenhithe, Kent DA9 9UZ. Our VAT number is 291 0773 96.
    2. To contact us, please see our Contact Us page.
  2. OUR SERVICES
    1. For gym users:  We provide an ability to locate local gyms and personal trainers.  There is no cost for this other than our ability to display adverts which may be of interest to you.  If you want to contact one of the personal trainer listed on our website then you can do so via our website.  More details appear below.
    2. For gyms: We have compiled a list of local gyms from publicly available information.  Some gyms have subscribed to our service and therefore the information available may be more accurate and up-to-date.  We do our best to make sure our information is correct but please always check with the gym operator to confirm details of facilities, classes and membership fees.
    3. For personal trainers:  We allow personal trainers to register on our website. Please note, though, that we do not verify the qualifications and identity of any personal trainers.  We would recommend that you always meet a personal trainer at a gym and ask to see details of their qualifications.  
    4. The information we provide on our website changes frequently.  We cannot guarantee that the information will always be available or that it will not change.  We reserve the right to remove and amend any offers or special deals at any time, which may also be subject to availability (both in terms of numbers and locations). 
  3. GYM USERS
    1. You do not have to create an account but if you do then please see clause 6 below.  Your account login and password are personal to you.  You may not share them with anyone.
    2. When you use our Services to join a gym or agree personal training sessions with a personal trainer then please note that all we are doing is providing a names and contact details.  The gyms and personal trainers are separate businesses.  Each gym and personal trainer will have their own terms of business which you need to agree with gym or personal trainer.  We will have no responsibility or liability for those services themselves.  All we are responsible for is to ensure that we make the information you have given us available to those gyms and personal trainers you have selected. 
    3. If you wish to cancel your personal training sessions then you will need to do so with your personal trainer.  Please note that as a consumer you will have various rights and remedies, such as a cancellation right in certain circumstances.  You are responsible for paying your personal trainer.  If you have a dispute with your personal trainer then you will have to resolve that with the personal trainer. 
    4. We do not verify the identity and qualifications of any personal trainers.  Please be mindful of your personal safety and security when approaching any personal trainer who is not already known to you.
    5. We allow you to provide reviews for gyms and personal trainers.  It is your responsibility to ensure that any reviews are fair and accurate.  If we believe, in our sole discretion, that a reviews is unfair, inaccurate or contain offensive/libellous information or comments then we may remove it.  
  4. GYMS
    1. We compile our information from publicly available sources and our own surveys.  If any  information is incorrect or incomplete then please let us know as soon as possible so that we can correct it.
    2. We do not guarantee that our information about gyms is accurate or up-to-date.
  5. PERSONAL TRAINERS
    1. To advertise your services via our website you must create an account and provide all the information required.  That information must be accurate, up-to-date and complete.  We are permitted (but not required) to verify your details and qualifications.
    2. If a gym user contacts you via our Service then you must:
      1. only use the information we provide for the purposes of providing personal training sessions,
      2. ensure that you agree the terms for providing your services to potential clients beforehand, including all costs (including VAT where relevant) and details of any cancellation terms and fees, and
      3. do your very best to attend any sessions.
    3. We do not verify the quality or appropriateness of any training you provide but we do have the right to:
      1. implement a client rating system,
      2. investigate any complaints,
      3. remove your details from our directory of personal trainers at any time and without giving any reasons or explanations, and
      4. if client complains about your services then you will submit to an accredited dispute resolution procedure or recognised industry complaints procedure.
    4. Where you indicate that you are permitted to offer personal training in a gym or a public space then it is your responsibility to demonstrate that you are entitled to do so and that you have paid all fees and have complied with all requirements for using those facilities and/or spaces.  We are not required to do so but should we wish to then you agree that we may verify your right to use those facilities and/or spaces with the owners or providers thereof, which shall include providing our personal details for those purposes.
  6. HOW WE USE YOUR PERSONAL INFORMATION
    1. Any personal data which you provide to us will be used for the following purposes:
      1. to provide the Services to you,
      2. to contact you with details of special offers (both our own and from subscribing local gyms),
      3. to send you information about our services, and
      4. to provide your details to gyms and personal trainers (but only with your permission - see below).
    2. We will only send you information about offers and services when you have agreed to this.  You may change your preferences at any time by logging into your account and changing them.
    3. For gym users: We will only pass on your contact details to gyms and personal trainers where you have asked us to.  Once we have passed on your contact details we will be unable to control how a gym or personal trainer uses your data.  You may ask for your data to be deleted at any time, but we may retain an archival copy in case there are any queries or issues which may need to be investigated.
    4. For gyms: Where we pass on contact details to you from a gym user or personal trainer then you may only use that information for the intended purposes and for no other purpose.
    5. For personal trainers: You may only use any information we pass on to you for the intended purposes and for no other reason, namely arranging and carrying out personal training with gym users.  You may ask for your details to be deleted at any time, but we may retain an archival copy in case there are any queries or issues around the use of any personal trainers.
    6. Please also see our Privacy Policy which also applies.
  7. OUR RIGHT TO VARY THESE TERMS
    1. We may revise these Terms from time to time.  Every time you use our Services the then current Terms will apply but we will try to notify you of any changes to our Terms where they affect you.
  8. OUR LIABILITY IF YOU ARE A GYM OR A PERSONAL TRAINER
    This clause 8 only applies if you are a business customer.
    1. Nothing in these Terms limit or exclude our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or
      3. anything which we may not exclude or limit by law.
    2. Subject to clause 8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
    3. Subject to clause 8.1 and clause 8.2 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £500.
    4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
  9. OUR LIABILITY IF YOU ARE A CONSUMER
    This clause 9 only applies if you are a consumer.
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation; or 
      3. anything which we may not exclude or limit by law.
  10. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.  An Event Outside Our Control is defined below in clause 10.2.  
    2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. 
  11. OTHER IMPORTANT TERMS
    1. If you are a gym or personal trainer then: 
      1. you may not transfer your rights and obligations to another organisation or personal trainer, and
      2. no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    2. If you are a gym user then these Terms (and our relationship with you) is personal to you. 
    3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
    5. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    6. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 
    7. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).